MANDATORY CONCILIATION AS A PROCEDURE BEFORE SPECIALIZED COMMERCIAL COURTS

Abstract

Through the new judicial organization, the Algerian legislator introduced specialized commercial courts to replace the specialized hubs. They imposed upon them, as a prior mandatory procedure, judicial conciliation under penalty of inadmissibility of the lawsuit in form. This aims to avoid the abundance of disputes in the field of commerce, driven by the desire to accelerate the national economy.
Among the findings of this study is that the Algerian legislator did well in taking this step. However, the conciliation period, estimated at three months, is lengthy considering the nature of commercial disputes characterized by speed and creditworthiness.