International arbitration in Algeria: what the decree creating the directorate general provides
The executive decree creates a directorate general of international arbitration within the services of the Prime Minister and sets its missions.
In short
This decree creates a directorate general of international arbitration. It represents the State and defends its interests in amicable settlement procedures with foreign investors and in international arbitration.
Key points
- A directorate general of international arbitration is created within the services of the Prime Minister.
- It represents the State in amicable settlement procedures with foreign investors.
- It negotiates and signs, on behalf of the State, amicable settlement agreements.
- It has two directorates, each headed by a director of studies.
- Article 12 repeals the contrary provisions of article 9 bis of executive decree no. 21-252.
What the text says
Article 1 creates the directorate general of international arbitration within the services of the Prime Minister or of the Head of Government, as the case may be. It is competent, exclusively, in international arbitration (article 3).
An international investment dispute is any legal dispute between the State and a foreign investor, concerning an investment protected by an international treaty, national legislation or an investment contract (article 2).
Missions and organisation
The director general is assisted by three (3) directors of studies (article 5). The directorate general has two directorates (article 6). It may call on lawyers, advisers and experts, national or foreign (article 3).
Its missions include:
- representing the State in amicable settlement procedures with foreign investors;
- following amicable settlement and international arbitration procedures, institutional or ad hoc;
- overseeing the execution of final arbitral awards;
- negotiating and signing, on behalf of the State, amicable settlement agreements;
- assisting local authorities, public bodies and public institutions in drafting contracts concluded with foreign parties.
Repealed provisions
Article 12 repeals all provisions on international arbitration contrary to the decree, provided by article 9 bis of executive decree no. 21-252 of 25 Chaoual 1442, corresponding to 6 June 2021, on the organisation of the central administration of the Ministry of Finance.
For foreign investors
For a foreign investor, the text designates the directorate general to represent the State in amicable settlement procedures, and to negotiate and sign amicable settlement agreements on behalf of the State.
Frequently asked questions
What does this executive decree create?
It creates a directorate general of international arbitration within the services of the Prime Minister or of the Head of Government, as the case may be (article 1).
Who represents the State in amicable settlement with foreign investors?
The directorate general represents the State and defends its interests in these procedures. It also negotiates and signs, on behalf of the State, amicable settlement agreements (article 3).
Does the decree repeal any provisions?
Yes. Article 12 repeals the provisions on international arbitration contrary to the decree, provided by article 9 bis of executive decree no. 21-252.
Who can handle this procedure in Algeria?
UpGrowth, based in Algiers (Birkhadem), supports Algerian and foreign companies with entering Algeria without travelling (soft landing). Contact: https://www.upgrowth.dz/contact?service=soft-landing.