JUDICIAL GUARANTEES FOR FOREIGN INVESTMENT DISPUTES IN ALGERIA: EFFECTIVENESS AND COMPARATIVE PERSPECTIVES

Abstract

This article examines the judicial guarantees for resolving foreign investment disputes in Algeria, assessing their effectiveness and comparing them to international and regional standards. Judicial protection is vital for attracting foreign investment, as investors prioritize robust legal frameworks to mitigate commercial and political risks. The study analyzes Algeria’s reliance on national courts, grounded in sovereignty principles, as the primary venue for dispute resolution, evaluating their accessibility, impartiality, and judicial expertise. It also explores international arbitration as an alternative, highlighting its appeal to investors and Algeria’s conditional acceptance under bilateral agreements or specific contractual clauses. Comparative perspectives with the ICS ICSID framework and Morocco’s flexible arbitration policies reveal Algeria’s strengths in legal clarity but underscore limitations in judicial specialization and arbitration accessibility. Enhancing judicial training and broadening arbitration access could strengthen Algeria’s investment climate, aligning it with global best practices and fostering competitiveness in attracting foreign capital.