Appeal against the judgments of international commercial arbitration in the Algerian legislation

Abstract

As in the judgments issued by the judicial authorities that may be appealed by ordinary and extraordinary methods of appeal, the judgments of international commercial arbitration may also be subject to appeal, but in ways that may be similar and different from those prescribed for judicial judgments.

For the implementation of foreign commercial arbitration judgments in Algeria, these judgments must be subject to recognition and enforcement procedures in line with the New York Convention relating to the recognition and enforcement of foreign arbitration judgments signed by Algeria. These procedures may be challenged by appeal if they are rejected, and the order of recognition and implementation may not be appealed.

     Accordingly, the international commercial arbitration judgments may be subject to a cassation appeal, and it may also be subject to an appeal for nullity if each of the arbitration agreement, the arbitration dispute, or the arbitral judgments has one of the defects that make the arbitral judgments non-productive to its effects.