ARBITRATION IN DISPUTES OVER THE IMPLEMENTATION OF INTERNATIONAL PUBLIC PROCUREMENT (COMPARATIVE STUDY)

May combine two claims.

Resorting to international arbitration became permissible and legitimate for public legal entities, while maintaining the principle of prohibiting resorting to domestic arbitration, similar to the French legislator.

“and thus resorting to international arbitration became permissible and legitimate for public legal entities, while maintaining the principle of prohibiting resorting to domestic arbitration, similar to what the French legislator went for”

Probably not a substantial claim: may not pass S3 (load-bearing).

Initially it prevailed that public persons were not allowed to resort to international arbitration.

“where it initially prevailed that public persons were not allowed to resort to international arbitration”

Probably not a substantial claim: may not pass S3 (load-bearing).

Article 2061 of the French Civil Code prohibited the arbitration clause in civil matters.

“as Article 2061 of the French Civil Code prohibited the arbitration clause in civil matters 6 .”

• cites [6]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The two definitions of arbitration emphasize the optional formula by which the arbitration contract is created, and the mandatory nature of arbitration as a condition in the contract, assumed accepted in advance by its parties, and having the force of res judicata.

“Through the two definitions referred to above, it becomes clear that they emphasize the optional formula by which the arbitration contract is created, on the one hand, and on the other hand the mandatory nature of arbitration as a condition in the contract, as it is assumed to be accepted in advance by its parties, and to have the force of res judicata.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Article 1039 of the Algerian Civil and Administrative Procedures Law states that arbitration is considered international if it concerns disputes related to the economic interests of at least two countries.

“Article 1039 of the Civil and Administrative Procedures Lawfoot_2 , which states that (arbitration is considered international within the meaning of this law, arbitration that concerns disputes related to the economic interests of at least two countries).”

• cites Article 1039Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The issue of arbitration in administrative disputes, including disputes arising from public procurement, has remained a matter of great hesitation and fear in jurisprudence and legislation alike, until those fears were dispelled thanks to many efforts and developments that contributed to establishing the principle of the permissibility of arbitration in disputes over the implementation of public

“The issue of arbitration in administrative disputes, including disputes arising from public procurement, has remained a matter of great hesitation and fear in jurisprudence and legislation alike, given the nature and specificity of this type of contract, given that it links two parties with unequal legal positions, in addition to containing exceptional conditions that are not familiar in private”

May combine two claims.

The Algerian legislator on the eve of independence established the principle of the inadmissibility of arbitration in public procurement disputes, influenced by the French legislator who prohibited public legal entities from resorting to arbitration.

“Returning to the position of the Algerian legislator on the eve of independence, we find that he established the principle of the inadmissibility of arbitration in public procurement disputes, influenced in this position by the position of the French legislator who prohibited public legal entities from resorting to arbitration”

May combine two claims.

This article was canceled along with the compulsory arbitration that was previously applicable to socialist economic institutions, and replaced by optional arbitration pursuant to Article 20 of the Guiding Law for Public Economic Institutions No. 88-01, which allowed the actions and contracts relating to the properties belonging to the public economic institution to be the subject of

“until this article was canceled along with the compulsory arbitration that was previously applicable to socialist economic institutions, and replaced by optional arbitration pursuant to Article 20 of the Guiding Law for Public Economic Institutions No. 88-01, which allowed the actions and contracts relating to the properties belonging to the public economic institution to be the subject of”

• cites [16]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Resorting to arbitration as an alternative means of settling disputes arising from the implementation of international public procurement depends on the necessity of observing a set of controls, whether in terms of conditions for resorting to arbitration, or in terms of arbitration procedures.

“Resorting to arbitration as an alternative means of settling disputes arising from the implementation of international public procurement depends on the necessity of observing a set of controls, whether in terms of the conditions for resorting to arbitration, or in terms of arbitration procedures in disputes over the implementation of international public procurement”

Classified as probably not a substantial claim.

Disputes arising from the implementation of international public procurement are essentially administrative disputes arising from administrative contracts concluded between two parties, one of which represents a foreign element called the contracting operator.

“given that disputes arising from the implementation of international public procurement are essentially administrative disputes arising from administrative contracts concluded between two parties, one of which represents a foreign element called in the text the contracting operator 10”

• cites [10]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The Egyptian Arbitration Law in Civil and Commercial Matters No. 27 of 1994 defined arbitration in Article 4 as the arbitration agreed upon by the two parties to the dispute of their own free will, whether the body undertaking arbitration is an organization or a permanent arbitration center or not.

“the Egyptian Arbitration Law in Civil and Commercial Matters No. 27 of 1994, which defined arbitration in Article 4 thereof as (the term arbitration in the concept of this law refers to the arbitration agreed upon by the two parties to the dispute of their own free will, whether the body that undertakes the arbitration procedures, pursuant to the agreement of the two parties, is an organization or”

• cites [7]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

According to French jurisprudence, the lack of a legal definition of arbitration is due to the temporary and unlimited nature of legal definitions, as well as the sensitive nature of these obligations, similar to historical factors accompanying the emergence and development of arbitration in France.

“According to French jurisprudence, this is due to the temporary and unlimited nature of legal definitions, as well as the sensitive nature of these obligations, similar to the historical factors accompanying the emergence and development of arbitration in France”

Classified as probably not a substantial claim.

From a legal perspective, resorting to arbitration in disputes over the implementation of international public procurement is linked to the necessity of meeting a set of conditions, some formal and some substantive.

“From a legal perspective, resorting to arbitration in disputes over the implementation of international public procurement is linked to the necessity of meeting a set of conditions, some of which are formal and some of which are substantive”

May combine two claims.

Article 1006 of the Algerian Code of Civil and Administrative Procedure granted the public legal entities mentioned in Article 800 the capacity to resort to arbitration in disputes over the implementation of international public procurement, limiting it to the state, wilaya, the municipality, and public institutions of an administrative nature.

“It finds its basis in Article 1006 of the Algerian Code of Civil and Administrative Procedure, which granted the public legal entities mentioned in Article 800 the capacity to resort to arbitration in disputes over the implementation of international public procurement, limiting it to the state, wilaya, the municipality, and public institutions of an administrative nature.”

• cites Article 1006 of the Algerian Code of Civil and Administrative ProcedureNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Article 800Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

The conduct of arbitration procedures in international public procurement disputes requires the formation of an arbitration body competent to settle the dispute subject to the arbitration agreement.

“However, the conduct of arbitration procedures in international public procurement disputes requires, first, the formation of an arbitration body competent to settle the dispute subject to the arbitration agreement”

Probably not a substantial claim: may not pass S3 (load-bearing).

Article 1007 of the Algerian Code of Civil and Administrative Procedures defines the arbitration clause as the agreement by which the parties to a contract are bound by rights available within the meaning of Article 1006 to submit disputes that may arise regarding this contract to arbitration.

“by stipulating in Article 1007 of the Code of Civil and Administrative Procedures that the arbitration clause is the agreement by which the parties to a contract are bound by rights available within the meaning of Article 1006 to submit disputes that may arise regarding this contract to arbitration.”

• cites Article 1007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Article 1006Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The judicial authority has been authorized, if necessary, to provide assistance to the arbitration court by contributing to the appointment, dismissal or replacement of arbitrators, or by contributing to the presentation of evidence, extending the arbitrators' mandate, confirming the procedures or taking interim or precautionary measures.

“the judicial authority has been authorized, if necessary, to provide assistance to the arbitration court, whether by contributing to the appointment, dismissal or replacement of arbitrators 35 , or by contributing to the presentation of evidence, extending the arbitrators' mandate, confirming the procedures or taking interim or precautionary measures 36 .”

• cites Article 1041 of the Algerian Code of Civil and Administrative ProcedureNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Articles 1046 and 1048 of the Algerian Code of Civil and Administrative ProcedureNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Consent in disputes over the implementation of international public procurement is expressed in the arbitration clause or the arbitration agreement, and an exception may arise under an international agreement in accordance with Article 975 of the Algerian Code of Civil and Administrative Procedures.

“Consent in disputes over the implementation of international public procurement is expressed in the arbitration clause, or the arbitration agreement, and an exception may arise under an international agreement, in accordance with Article 975 of the Code of Civil and Administrative Procedures.”

• cites Article 975 of the Code of Civil and Administrative ProceduresNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The arbitral award shall be enforceable in Algeria if the party claiming it proves its existence, and if such recognition is not contrary to international public order, by virtue of an order issued by the president of the court in whose jurisdiction the arbitral awards were issued or the court of the place of enforcement if the seat of the arbitral tribunal is outside the national territory.

“The arbitral award shall be enforceable in Algeria if the party claiming it proves its existence, and if such recognition is not contrary to international public order, by virtue of an order issued by the president of the court in whose jurisdiction the arbitral awards were issued or the court of the place of enforcement if the seat of the arbitral tribunal is located outside the national”

• cites Articles 1050 and 1051 of the Algerian Code of Civil and Administrative ProcedureNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Reaching the law applicable to adjudicating the arbitration dispute by the arbitration court achieves the purposes of arbitration and encourages the parties to the dispute to resort to international arbitration.

“and reaching the law applicable to adjudicating the arbitration dispute by the arbitration court, which achieves the purposes of arbitration and encourages the parties to the dispute to resort to international arbitration.”

May combine two claims.

The change towards allowing arbitration carries many challenges, especially through easing restrictions that limit the will of the parties to resort to international arbitration, as in requiring the approval of the Government Council to resort to arbitration.

“but it carries many challenges, especially through easing the restrictions that limit the will of the parties to international public procurement to resort to international arbitration to resolve their disputes, as in the case of requiring the approval of the Government Council to resort to arbitration in disputes over the implementation of international public procurement.”

May combine two claims.

In the absence of appointment or in the event of difficulty in appointing, dismissing or replacing arbitrators, the interested party may refer the matter to the president of the court within whose jurisdiction the arbitration is located, if arbitration is in Algeria, or to the president of the Algiers court if arbitration is abroad and the parties choose to apply Algerian procedural rules.

“In the absence of appointment or in the event of difficulty in appointing, dismissing or replacing arbitrators, the party interested in expediting the matter may refer the matter to the president of the court within whose jurisdiction the arbitration is located, if the arbitration is taking place in Algeria, or to the president of the Algiers court if the arbitration is taking place abroad and the”

• cites Article 1041 of the Algerian Code of Civil and Administrative ProcedureNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

For the subject of the arbitration agreement to be legally valid, it must be specific, defined and legitimate.

“In order for the subject of the arbitration agreement to be legally valid, it must be specific, defined and legitimate 28 .”

• cites Articles 93, 94, 97 and 98 of the Algerian Civil CodeNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The will of the parties to the dispute plays a decisive role in determining the arbitration procedures, distinguishing arbitration from judicial disputes, because they are not bound by the procedural system followed before the judiciary but are subject to what the parties agree upon or what the arbitration panel deems appropriate.

“This means that the will of the parties to the dispute plays a decisive role in determining the arbitration procedures, which is the most important thing that distinguishes arbitration from judicial disputes”

• cites Mahmoud Ali Abdel Salam WafiNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The arbitration clause is an agreement between the parties to an international public procurement that is included in advance in the public transaction contract regarding a potential dispute that may arise between them during the implementation phase of the transaction, while the arbitration agreement is included in a contract independent of the public procurement contract regarding a dispute that

“Through these two definitions, it becomes clear to us that the arbitration clause is an agreement between the parties to an international public procurement that is included in advance in the public transaction contract regarding a potential dispute that may arise between them during the implementation phase of the transaction, while the arbitration agreement is included in a contract independent”

Probably not a substantial claim: may not pass S3 (load-bearing).

The arbitration process begins after a dispute arises over one of the financial rights of the parties to the international transaction during the implementation phase.

“The arbitration process begins after a dispute arises over one of the financial rights of the parties to the international transaction during the implementation phase”

Classified as probably not a substantial claim. May combine two claims.

The arbitration agreement is the basic pillar on which arbitration is based in disputes over the implementation of international public procurement, as it is the basis through which the will of the parties to the public procurement to resort to arbitration emerges, and it determines its scope and field, and is the primary reference on which the arbitration body relies to carry out its tasks.

“The arbitration agreement is considered the basic pillar on which arbitration is based in disputes over the implementation of international public procurement, as it is the basis through which the will of the parties to the public procurement to resort to arbitration emerges, and it determines its scope and field, and is the primary reference on which the arbitration body relies to carry out its”

• cites [23]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

French legislation does not require the international arbitration agreement to be written for its validity, and Article 1507 of the French Code of Civil Procedure does not subject it to any formal conditions.

“This is contrary to what French legislation has stated, which does not stipulate that the international arbitration agreement must be written for the validity of this agreement, as Article 1507 of the French Code of Civil Procedure does not subject it to any formal conditions”

• cites Article 1507 of the French Code of Civil ProcedureNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties, and in the absence of such choice, according to the rules of law and customs it deems appropriate.

“Accordingly, the arbitral tribunal shall decide the dispute in accordance with the rules of law chosen by the parties, and in the absence of such choice, it shall decide according to the rules of law and customs it deems appropriate.”

Probably not a substantial claim: may not pass S3 (load-bearing).

Article 1011 of the Algerian Code of Civil and Administrative Procedures defines the arbitration agreement as the agreement by which the parties accept to submit a dispute that has arisen before its emergence to arbitration.

“While Article 1011 of the Code of Civil and Administrative Procedures defined the arbitration agreement as (the arbitration agreement is the agreement by which the parties accept to submit a dispute that has arisen before its emergence to arbitration).”

• cites Article 1011Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

Most national legislations have tended to require that the arbitration agreement be in writing, but they differed among themselves as to whether this writing is a condition for the validity of the existence of this agreement or merely to prove it, and as to whether the writing must be official or is it sufficient for it to be customary, although there are also legislations that do not require

“Most national legislations have tended to require that the arbitration agreement be in writing, but they differed among themselves as to whether this writing is a condition for the validity of the existence of this agreement or merely to prove it, and as to whether the writing must be official or is it sufficient for it to be customary, although there are also legislations that do not require”

• cites [24]Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

The arbitration agreement must be based on a subject, which is a fundamental element, and the agreement is not valid without it.

“In addition to the existence of consent, it is required that the arbitration agreement be based on a subject, like all other contracts, as the subject is considered a fundamental element of its elements in disputes over the implementation of international public procurement, and the arbitration agreement is not valid without it.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The arbitration agreement is a consensual contract requiring the agreement of two identical wills of the parties to submit the dispute to arbitration away from the national judiciary.

“The arbitration agreement is a consensual contract that requires, in order to be concluded, the agreement of two identical wills of the two parties to the dispute to be presented and settled through arbitration away from the national judiciary.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

Most legislations have defined the arbitration agreement, including the Algerian legislator, who defined it in its two forms, the arbitration clause and the arbitration agreement.

“On this basis, most legislations have defined the arbitration agreement, including the Algerian legislator, who defined it in its two forms, the arbitration clause and the arbitration agreement”