SETTLEMENT IN COMERCIAL DISPUTES

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SIDAMOR MOHAMMED

Abstract

The Algerian legislator has included the judicial reconciliation system among the alternative methods for resolving disputes before the Algerian judiciary. This system has proved its importance in the Algerian legal framework by playing a significant role in resolving conflicts and reducing the pressure on the judiciary caused by the large number of cases brought before it. For this reason, the Algerian legislator has included in Algerian law the general provisions for the establishment of judicial conciliation as an alternative and amicable means of resolving disputes. 


Judicial reconciliation in commercial matters is defined as a contract concluded between the debtor and the group of creditors, whereby they settle their debts with the least possible loss, allowing the debtor to regain his commercial standing and return to the management of his assets. This can be done either under judicial authority or by the will of the parties without judicial intervention; however, the judicial involvement gives the composition a certain rigour in the enforcement of its terms and provides creditors with guarantees for the recovery of their funds, which encourages them to resort to judicial composition rather than amicable composition. 

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References

Legislation:

Law No. 08-09 of 25 February 2008, establishing the Code of Civil and Administrative Procedure, as amended and supplemented by Law No. 22-13 of 12 July 2022, published in the Official Journal No. 48 of 17 July 2022.

Decree No. 23-52 of 14 January 2023 laying down the conditions and procedures for the selection of assistants to the specialised commercial court, published in the Official Journal No. 02 of 15 January 2023.

Decree No. 75-58 of Ramadan 20, 1395 AH (26 September 1975), establishing the Civil Code, published in the Official Gazette, No. 78, of 30 September 1975, as amended and supplemented.

Decree No. 05-02 of 27 February 2005, amending and supplementing Law No. 84-11 of 9 July 1984, establishing the Family Code, published in the Official Gazette, No. 15 of 27 February 2005.

Order No. 75-59 of 26 September 1975, amending and supplementing the Commercial Code, published in the Official Journal of the French Republic No. 101 of 19 December 1975.

Law No. 22-07 of 5 May 2022, establishing the Judicial Branch, published in the Official Journal No. 32 of 14 May 2022.

Second: references

Books:

- Rashid, Rashid. Commercial documents, bankruptcy and judicial settlement in Algerian commercial law. 5th edition. Algiers: National University Publications, 2005.

- Abd al-Rahman Barbari. Commentary on civil and administrative procedural law. Baghdad Publications, Algiers, 2009.

- Ben Antar, Leila. Explanation of the provisions on bankruptcy and judicial settlement in Algerian commercial law, 1st edition. Algiers: House of Ideas, 2020, p. 24.

Academic articles:

- Haj Ben Ali Muhammad, MaghriQouider. “Towards a Specialised Commercial Judiciary”, Journal of Law and Political Sciences, Khenchela University, vol. 5, no. 1, 2018.

- HananMaza, BouguerouSayed. “The Legal System of the Specialized Commercial Court,” Journal of Comparative Legal Studies. vol. 9, no. 1, 2023, Faculty of Law and Political Science, University of Oran 2 Mohamed Ben Ahmed, 2023.

Conferences, study days and scientific seminars:

- Ayman Ramadan Al-Zaini. “Economic Courts and Their Role in Encouraging Investment”, presentation at the Conference on Law and Investment organised by Tanta University, 29-30 April 2015.

- Mohamed Amin Skik. “Procedures Followed in the Work of Specialized Commercial Courts,” presentation at the study day on “Prospects and Challenges in Resolving Commercial Disputes in Light of the Establishment of Specialized Commercial Courts,” organized by the Court of Appeal of AinDefla, 18 December 2022.

- Zahra Ben Tumi. “Powers of the President of the Specialized Commercial Court and Litigation Procedures before it”, presented at the study day on “Specialized Commercial Courts in Civil and Administrative Procedures Law”, organized by the Court of Appeal of Setif in cooperation with the Setif Lawyers’ Organization, at the Baz Lawyers’ Club, 11 February 2023.

- MouloudQamouh. “Specialised Commercial Courts: Towards a Specialized Judiciary in the Economic Field”, lecture at the Faculty of Law, organised by the Faculty of Law in partnership with the PRFU research team, 7 May 2023, Constantine 2023.

- Hassan Watass. “Proceedings before specialised commercial courts: An Evaluative Study”, presentation at the National Scientific Seminar on the Settlement of Commercial and Maritime Disputes in the Light of the Amendments to the Civil and Administrative Procedures Code of 8 July 2022, 11 May 2023, D.B.N., 2023.

References in foreign languages:

Mestre, J., &Pancrazi, M-E. Traité de droit commercial, LGDJ, Paris,.