Algeria: Legal Environment

Business Contract

General Observation: Whatever the form of the contract and the extent of the parties' liability, it is strongly recommended that you take appropriate counsel, especially from a competent Lawyer, and more precisely when it is a question of international contracts.
Law Applicable to the Contract: As the contracting parties choose.
Advisable Incoterms: It is preferable to choose an incoterm FOB or CIF. Avoid EXW, if you do not want to have to take care of the transport in Algeria which can be complicated..
Language of Domestic Contract: Arabic and/or French
Other Laws Which Can Be Used in Domestic Contracts: If Algerian law is not used, the law of the other contracting party must be chosen..

National Organisations: Patents, trademarks and copyright are protected in Algeria. For patents, requests for information should be made to the Algerian Institute of Standardization and Industrial Property (INAPI). Concerning trademarks, the request should be made to the National Trade Register Center (CNCR).
Regional Organisations: World Intellectual Property Organization (WIPO)
International Membership: Member of the WIPO (World Intellectual Property Organization)
Signatory to the Paris Convention For the Protection of Intellectual Property

Type of property and law	Validity	International Agreements Signed
Patent Edict n° 03-07 on patents 19 July 2003 (In French)	20 years	Patent Cooperation Treaty (PCT)
Trademark Edict n° 03-06 on trademarks 19 July 2003	10 years	Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Design Industrial Designs.	10 years, renewable for consecutive 10 year periods
Copyright Law no. 03 17 of November 4th 2003 on copyrights and related rights	The lifespan of the author and 50 years after his or her death	Berne convention For the Protection of Literary and Artistic Works Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Rome ConventionFor the Protection of Performers, Producers of Phonograms and Broadcasting Organizations WIPO Copyright Treaty WIPO Performances and Phonograms Treaty

Equal Treatment of Nationals and Foreigners: Yes
The Language of Justice: Arabic
Recourse to an Interpreter: For a court case it is particularly recommended that you resort to the help of an interpreter/translator, as all the exchanges take place in Arabic (the official language). However, most magistrates and lawyers speak French, as well as Arabic.
Legal Similarities: Algerian law has various sources: the Constitution, laws voted by Parliament, ministerial decrees and orders, international conventions and treaties ratified by Algeria.
There are legal similarities with all the countries whose law has come from Roman law, and only partly from Muslim law.

Contract and property law	Civil Code
Customs law	Customs Code
Consumer law	Code of Consumption
Company law	Civil Code ; Code of Commerce ; Fiscal Code ; Currency and Credit Act

Checking National Laws Online: Algerian Official Journal
Other Useful Resources: Algerian Ministry of Justice
Website of the bureau Francis Lefebvre

Administrative tribunals
Council of State

Disputes with the State, the Administration, local administration, concerning their decisions

Commercial Tribunal

Court of Appeal
Supreme Court of Appeal– Commercial Section

Commercial disputes

Court of summary or Criminal jurisdiction
Court of Appeal
Supreme Court of Appeal

Criminal liability (bankruptcy, misappropriation of funds, complicity, etc.)

Lawyer/Barrister: The lawyer's first role is to inform his clients about their rights and obligations. Then he can represent them in court and make a speech for the defense. .
Legal expert: A judge appoints a duly authorized professional who will review information in order to clarify certain elements of a case. .
Clerk of the Court: All during the procedure, he will write down the exchanges, declarations and observations..
Bailiff: He is a legal officer responsible for serving legal process and for enforcing court decisions. He can also draw up affidavits.
Judge: He is the one who decides if the law has been broken or not, as well as the penalties which ensue.
State prosecutor: He is a magistrate who represents the Prosecution in the court

Arbitration: Arbitration is a solution for settling disputes. An arbitrator is called in who has to make the final decision..
Arbitration Law: Code of civil and administrative procedure (CPC): Articles 458 bis to 458 bis 28
Conformity to International Commercial Arbitration Rules: Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Appointment of Arbitrators: The court of arbitration is composed of an odd number of arbitrators (usually three). The arbitrators are chosen by the parties, or the President of the Chamber of arbitration.
Arbitration Procedure: Any person or company facing a dispute can resort to arbitration on condition that both parties wish to resort to this procedure. The sentence decided by the arbitrators is not binding. If the person sentenced refuses to carry it out, the other party will have to resort to a state tribunal for an exequatur ruling. The person sentenced can refer to the Court of Appeal to request the quashing of the sentence
Permanent Arbitration Bodies: Algerian Chamber of Commerce and Industry (Sectors Covered: All)

Any Comment About This Content? Report It to Us.