Algerian Radio
The Minister of Justice, Keeper of the Seals, Mr. Lotfi Boudjemaa, emphasized on Saturday in Algiers that Algeria is poised to become a regional hub for international commercial arbitration and dispute resolution related to investment and international trade.
Speaking at the opening of the International Seminar on "International Arbitration, Sovereignty, and Alternative Dispute Resolution Methods," attended by government members and representatives of national bodies, the Minister stated that the proposal made during this meeting for a recommendation to "create the Algerian Center for Dispute Resolution is capable of actively contributing to the achievement of several objectives of common interest."
He added that this is particularly relevant given that "Algeria, in view of its important and strategic geographical position, is poised to become a regional hub for international commercial arbitration and the settlement of disputes related to investment and international trade."
Such an initiative "is capable of strengthening the attractiveness of foreign direct investment, given its pivotal role in supporting comprehensive economic development," he added, stressing that the existence of an accredited National Arbitration Center constitutes "one of the essential guarantees reassuring foreign investors."
In the same vein, Mr. Boudjemaa insisted that this approach "will contribute to consolidating legal and judicial security by guaranteeing the neutrality, integrity, and independence of the future center." He noted that "international arbitration is an effective legal instrument, based on the will of the parties, independence of decision-making, and respect for legal and cultural specificities, which explains the growing interest shown by States and international institutions in it as a lever for improving the business climate, attracting investment, and strengthening legal security."
He also mentioned other alternative dispute resolution methods, such as mediation, conciliation, and amicable settlement, highlighting that they constitute "advanced legal and human approaches aimed at resolving disputes in a consensual spirit and enshrining the culture of dialogue rather than litigation."
In this context, he explained that this process represents a genuine opportunity to contribute to the training of specialized arbitrators and lawyers and to the strengthening of their skills in the field of international arbitration.
Similarly, Mr. Boudjemaa indicated that these steps are "the fruit of the high directives and particular interest of the President of the Republic, Mr. Abdelmadjid Tebboune, who has materialized, thanks to his enlightened vision, the promising Algerian experience in investment and a tangible reformist model, illustrated through the 2022 Investment Law."
The Minister also reviewed "the fundamental principles and guarantees contained in the said law, which enshrine free investment initiative and guarantee the right to create projects without any distinction or legal constraint. This ensures secure legislative stability, thereby enshrining the protection of the investor's interests and the rights to transfer capital and profits, particularly for foreign investors, in a manner that establishes a secure, attractive, and stable investment climate."
Given that international arbitration and alternative dispute resolution methods are fundamental pillars for establishing justice, the Minister recalled that "the Algerian legislator has regulated international commercial arbitration under alternative dispute resolution methods in the Civil and Administrative Procedure Code, and in Law 18-22 on Investment, particularly its Article 12, which grants investors, whether foreign or national, the right to recourse to arbitration."
He also recalled Algeria's commitment to several bilateral conventions on the encouragement and protection of mutual investments, including recourse to international arbitration in the event of a dispute regarding the execution of investment contracts contained in these agreements.
He concluded by noting that the Algerian legislator has enshrined all procedural and objective guarantees during the course of the arbitral dispute in international arbitration, at the request of the Court of Arbitration or one of the parties to the dispute, up to the phase of execution of international arbitration awards. This falls under the jurisdiction of the national judge to rule on requests for recognition and enforcement of arbitral awards, and related appeals, including appeals against international arbitral awards rendered in Algeria, in accordance with the conditions and deadlines provided for by the Civil and Administrative Procedure Code.
