The position of administrative judiciary in arbitration of disputes arising from public contracts in Light of recent developments in Algerian legislation.

Abstract

The Algerian legal system has undergone significant advancements in the regulation of arbitration as an alternative dispute resolution mechanism, particularly with the promulgation of Law No. 22-13, which amends and supplements the Code of Civil and Administrative Procedure. This amendment strengthens the role of the administrative judiciary in overseeing arbitration procedures and outcomes, ensuring compliance with the contractual terms agreed upon between the contracting authority and the foreign party, especially in disputes related to public procurement contracts. These disputes are governed by the Public Procurement Law issued in 2023 under Law No. 23-12, which introduced distinctive provisions compared to those of the repealed law (Presidential Decree No. 15-247). While arbitration is based on two fundamental principles—the parties' autonomy and the legislator's acknowledgment of that autonomy—the latter is restricted for public law entities in certain areas, which this research paper seeks to address.