التحكيم التجاري الدولي كمحرك للتجارة العالمية و مدى تدخل القضاء الجزائري فيه

Abstract EN

International trade is now a constant primary reality that has crossed political boundaries a long time ago, but today it is an inevitable imperative, and it is now used as a tool for building a sound economy in all countries of the world.

International trade contracts have become the main nerve in global economic life, and they take multiple forms to facilitate trade transactions that have reached an infinite variety.

Perhaps the most striking feature of international trade contracts is that they differ from other contracts in that the first is subject to the rules of international law, especially international trade rules, and the second is regulated by national laws.

In the face of these data, the resort to the national judiciary is no longer in keeping with the conditions of commercial globalization, the mobility of capital, the expansion of commercial transactions, international sales, and the multiplicity of nationalities of parties to international contracts.

The national judiciary is not favored in such disputes in view of its stagnation and slowness, just as the parties to the conflict are not in their interest to do so nor depend on a national law to govern their international conflict, and the lex mercatoria rule has become more correct than every national law governing international trade disputes.