The 1989 constitution, by opting for the market economy, highlighted two fundamental principles, namely the principle of the protection of private property and the principle of freedom of trade.
The principle of freedom of trade resulted in the lifting of the monopoly on foreign trade, the encouragement of private investment and the submission of public companies to private law.
The consequence is that our private or public companies are made legally responsible for their future.
They negotiate their international contracts under their sole responsibility. However, among the most important clauses that they have to negotiate is that relating to the settlement of their commercial disputes.
Indeed, the modification of the Code of Civil Procedure of April 25, 1993, allows private and public companies to unequivocally resort to internal and international arbitration to resolve their economic and commercial disputes.
International arbitration clauses are now being introduced into the international contracts of our companies but often these companies are not able to implement such procedures and especially when they have to.
do it in arbitration centers in distant countries.
However, this weakness benefits foreign companies which pose the threat of resorting to international arbitration, knowing full well that the Algerian partner will hesitate to resort to it.
To prevent this imbalance in the defense of the interests of our companies from worsening and ultimately harming our entire economy, we had to react and propose solutions.
And it is quite natural that the CACI has invested in allowing our companies to benefit from this method of payment rather than having to endure it.
To do this, the CACI has undertaken a number of initiatives.
It was first necessary to enter the structures of international trade. To do this, those responsible for the CACI, in association with personalities from the business and legal world, decided to create an association capable of collaborating with the International Chamber of Commerce.
This Association submitted an application for membership to the ICC which accepted this membership on 04/24/2000, thus giving birth to the ICC Algeria committee.
Like all other ICC committees around the world, our committee's mission is to promote international trade and to facilitate the settlement of disputes in this area, through conciliation, mediation and arbitration.
Secondly, we needed to make our companies aware of this method of dispute resolution, to which they are not accustomed.
Since 2001, the CACI and the ICC-Algeria Committee have organized or actively participated in six (06) seminars and conferences on international arbitration. This awareness-raising action will continue.
The third initiative consists of the establishment of a conciliation, mediation and arbitration center at the CACI. And to give this center every chance of success, it must be accepted by both Algerian companies and foreign companies. To do this, those responsible for the CACI were keen to set up this Center using national expertise, of course, but also foreign expertise. The latter is materialized by the conclusion of partnership agreements with the Mediation and Arbitration Center of the Paris Chamber of Commerce on the one hand and with the International Chamber of Commerce on the other hand.
These agreements will make it possible to train mediators, arbitrators and secretariat staff, to refine procedures and to provide substantial documentary support.
The CACI arbitration regulations, in all of their provisions, summarize the approach and principles mentioned above. However, this regulation is intended to be simple, pragmatic and perfectible.
It will allow us to focus our efforts on internal arbitration to support our companies in settling their disputes and thereby enable them to better master this method of settlement.
To do this, it will be necessary to highlight the advantages of arbitration, namely:
The choice of skills: (expertise):
The arbitrators are rigorously selected for their competence, seriousness and probity; their appointment depends on their qualification to handle the dispute submitted. Unlike the magistrate who is indiscriminately called upon to rule on any type of case, the arbitrator is only appointed for questions over which he has perfect control in all areas.
Apart from certain exceptionally complex cases, the arbitration procedure is summary and for the parties boils down to the filing of briefs or presentation of observations, the case is generally heard fairly quickly, which is not the case with Justice Public where the hearings, procedural incidents before the common law courts (Tribunal, Court, Supreme Court) to resolve, sometimes very poorly, a dispute which is "finished" in a few weeks by an arbitrator.
Confidentiality of the payment:
The arbitration procedure is a method of resolving disputes which is covered by confidentiality. Unlike court and tribunal hearings, those of the Conciliation, Mediation and Arbitration Center take place behind closed doors; the public is not admitted to arbitration sessions, which prevents companies from tarnishing their image through the perverse effects of advertising.
Speed of execution of sentences:
It should be remembered that arbitration awards are often solutions negotiated between the parties. It should also be remembered that these sentences are not subject to any appeal on the merits. These two reasons mean that in almost all cases, and contrary to court decisions, arbitral awards are promptly executed.
For all these reasons, it is now strongly recommended to include arbitration clauses in contracts concluded by companies.
Failing this and even in the absence of this type of clause, the parties may, if they agree, submit the settlement of their dispute to the CACI Conciliation, Mediation and Arbitration Center.
Arbitration is the method of dispute resolution best suited to the requirements of flexibility and speed, a factor determining the good management of the company and will allow us to gain the trust of foreign companies, particularly those working in Algeria, to make them accept our Center as the place of arbitration. Which will consequently prevent our companies from going to distant countries.
By taking charge of all of its missions, of which that of allowing justice to be done, is the noblest, the CACI, representative of all the CCIs of the country, will thus increase its usefulness and its effectiveness, at the for the benefit of businesses on the one hand and for the benefit of the country's economy as a whole, on the other hand.