THE SPECIFICITY OF CONCILIATION AS AN ALTERNATIVE TOOL FOR RESOLVING DISPUTES BEFORE SPECIALIZED COMMERCIAL COURTS
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Abstract
Through the Law No. 08-09 containing the Code of Civil and Administrative Procedures, the Algerian legislator has introduced alternative methods for resolving the judicial disputes. With the amendment of this law by virtue of the Law No. 22-13, these methods were regarded as alternative tools for the peaceful settlement of disputes before the commercial judiciary after the commercial courts were introduced. Consequently, it imposed on the litigants to resort to the conciliation procedure before the initiation of the lawsuit. It also specified special procedures for it and stipulated its supervision by a judge. All of this is for the sake of alleviating the burden on the judiciary and resolving the commercial disputes more quickly and effectively.
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References
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Ibn Mandhour, Lisan al-Arab, Vol. 2, Adab al-Hawza Publishing House, Iran, 1985.
Books:
Seema Mohamad Saeed, Khader al-Badrani, Rulings on the Conciliation Contract, International Scientific House for Publishing and Distribution, Amman, 2003.
Mostapha Kamal, Ali al-Baroudi, Commercial Law, First Edition, Al-Halabi Legal Publications, Lebanon, 2001.
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Amar Zahi, le conciliation et processus arbitral revue algérienne des sciences juridiques économiques et politiques, N°4, 1993, p712.
Interventions:
Maamari Kouadri Mohamad, “The Representation of Opponents by a Lawyer before Specialized Commercial Courts between Choice and Obligation”, an intervention presented at the study day on the prospects and challenges in resolving commercial disputes in light of the establishment of specialized commercial courts, organized by the Ain Defla Judicial Council on December 18, 2022.
Articles:
Saad Laqlib, Noui Ahmed, Reasons and Justifications for the Establishment of Specialized Commercial Courts in the Algerian Legislation, Tabna Journal of Academic Scientific Studies, University Center of Barika, Algeria, Volume 06, Issue 02, December 2023.
Sadiki Abdelkader, Means of Amicable Settlement of Commercial Disputes According to Law No. 22-13 Amending and Supplementing the Code of Civil and Administrative Procedures, Academic Journal of Legal and Political Research, Volume Six, Issue Two, Year 2022.
Master's Thesis:
Zahia Ziri, Alternative Methods for Resolving Disputes According to the Algerian Code of Civil and Administrative Procedures, Master's Thesis in Law, Faculty of Law and Political Science, Mouloud Mammeri University of Tizi Ouezou, 2015.
Laws:
Order No. 75-58, dated on September 25, 1975 including the Civil Code, Official Journal, No. 78, issued on September 30, 1975 amended and supplemented.
Order No. 75-59, dated on September 26, 1975 including the current law, Official Journal No. 101 issued on December 19, 1975 amended and supplemented.
Law No. 22-13, dated on July 12, 2022 amending and supplementing the Law No. 08-09 dated February 25, 2008, including the Code of Civil and Administrative Procedure, Official Journal, No. 48 issued on July 17, 2022.