مجلة المفكر
Volume 20, Numéro 1, Pages 440-456
2025-06-19
Judicial Intervention For The Appointment Of An International Commercial Arbitrator
Authors : Gherbia Soumia . Zabi Ammar .
Abstract
In international commerce, private parties commonly favor extra-judicial modes of dispute resolution, particularly those that permit a bespoke configuration of procedural rules, normative references, and decision-makers. Among these, consensual adjudicative mechanisms—most notably arbitration—are distinguished by their procedural malleability and autonomy from institutional judicial oversight. Nonetheless, operational setbacks may arise, particularly when the arbitration clause is structurally deficient or when one party strategically abstains from constituting the adjudicatory panel. In such contingencies, domestic tribunals may be called upon to perform a subsidiary role: facilitating the formation of the arbitral bench through judicial intervention. This procedural contingency, though seemingly paradoxical within a system predicated upon party sovereignty, has been formalized in multiple legislative frameworks. Algerian procedural law, under the rubric of Law No. 08-09, exemplifies this trend by delineating the jurisdictional gateway and procedural mechanics for such interventions. The present study interrogates this ancillary judicial function, its normative underpinnings, and the procedural bifurcation between adversarial and non-contentious modalities through which such requests are judicially actioned.
Keywords
Arbitration, judicial intervention, international commercial arbitrator, arbitral tribunal, arbitratorappointment.
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