Our first session of the “Arbitration Afternoons” reviewed the state of arbitration in Algeria, followed by a walk-through of arbitral procedure and a debate on how to choose lawyers, arbitrators, advisers and experts.
In recent years, Algerian companies, public and private alike, have faced a rise in international arbitration proceedings. Statistics from the International Court of Arbitration for 2014 placed Algeria at the top of the MENA region (Middle East and North Africa) in terms of the origin of arbitration cases.
Three reasons explain this situation, two of them legal and one economic:
- The reform of the public procurement code, which allowed public-contract disputes to be settled by arbitration.
- The enactment of the new code of civil procedure, which allowed public-law legal entities to enter into arbitration agreements in their international relations.
- Financial comfort that led to a surge in public contracts and, as a result, a multiplication of both domestic and international contracts. Unfortunately, Algerian companies often found themselves ill-equipped to face the challenges of arbitration.
Managers faced difficulties from the drafting of a contract containing an arbitration clause, the drafting of an arbitration agreement and the choice of an arbitral institution, through to the arbitral process itself, particularly when proceedings were contemplated or already under way against them.
Aware of the challenges companies were facing, we organised a discussion meeting bringing together practitioners involved in international arbitration proceedings. Our aim was to explore the practical and operational aspects of commercial arbitration, focusing on the recurring, preliminary and fundamental questions.
For this first session, we invited Algerian arbitration practitioners — lawyers, arbitrators, advisers and experts — to discuss the issues surrounding the practice of commercial arbitration in Algeria and the difficulties met by practitioners and by Algerian companies engaged in arbitral proceedings.
We were delighted to welcome you to the launch of the “Arbitration Afternoons”, and we hope you will join our efforts to promote arbitration in our country.
The event was marked by rich debates and in-depth discussions. We had the pleasure of exploring compelling topics presented by passionate lawyers and experts.
Panel 1, led by Maître Nasr-Eddine Lezzar, gave an overview of arbitration in Algeria, revisiting the key historical milestones: from the freedom to enter into arbitration agreements introduced by the Algerian code of civil procedure, to the creation of the ICC Committee in Algeria in 2000, and the founding in 2013 of the CACI Centre for Conciliation, Mediation and Arbitration. Maître Yamina Kebir then addressed arbitral procedure, with emphasis on the criteria for choosing an arbitrator and the importance of mastering procedural rules. Maître Nafi-Belkired covered the enforcement of arbitral awards.
Panel 2 focused on the “Financial aspects of arbitration”, with Wassila Mouzai stressing the importance of a complete assessment of costs, including fees, and the crucial role of the financial expert in determining damages. Mohamed Nazim Bessaih then explained the procedures for accessing foreign currency for companies involved in international commercial arbitration.
Mr Abdelmadjid Lerari shared his experience as a public manager during an international arbitration decided in Algeria’s favour, highlighting the careful selection of technical experts and their essential contribution to a favourable outcome. He stressed the importance of managers’ in-depth knowledge of the case, supported by counsel and experts.
The audience, mainly managers of public and private companies together with lawyers and experts, contributed to the quality of the discussions. Thank you to all participants!
