The incidental cases in the litigation of the international commercial arbitration

Abstract

International commercial arbitration litigation may face incidental cases. So a question about the applied jurisdiction is asked. Referring to the Algerian law, it is the arbitration body to decide on preliminary cases only such as hearing the dispute, pronounce interlocutory judgment, or order provisional or precautionary and urgent measures at the request of one of the parties with the consideration of the arbitration agreement, and issue judgments that prove the opponents’ agreement and partial judgments before deciding on the matter. And regarding the request of the arbitrator’s altering and adjudicating forgery, the Algerian legislator kept them in the jurisdiction of the judiciary alone. However, the arbitration body lacks the compulsory power that the judiciary possesses, can lead to ignoring her orders and refraining from carrying them out, The Civil and Administrative Procedures Law stipulates that an arbitrator may request the assistance of a competent judge to force the concerned person to submit to it according to the law of this judge’s country. This is evidenced by the participation of the national judge in the arbitration panel in the consideration of these measures.