إجراء الصلح أمام المحاكم التجارية المتخصصة

Abstract

"The Code of Civil and Administrative Procedure enshrines conciliation as an alternative means of resolving commercial disputes within the Algerian legal system, considering it an amicable method that can be resorted to. This comes in light of the provisions of Law 13-22, which introduced mandatory rules aimed at reducing pressure on judges of specialized commercial courts, allowing the parties to the dispute to play an effective role in resolving the dispute between them . Law No, 13-22 also enshrines a number of mandatory provisions for conciliation, including the requirement that it be conducted before any lawsuit is filed before the Specialized Commercial Court. In the event that no agreement is reached, a report of non-conciliation shall be prepared, and the lawsuit shall be filed before the court, accompanied by this report, which is an essential condition for the lawsuit to be accepted in form . 79 Reconciliation is not limited to being a means of ending a dispute, but it may also lapse in some cases, whether by nullity if it is marred by a defect in consent or violates the rules of public order, or by annulment when one of the parties breaches his obligations agreed upon in the reconciliation minutes, which restores the parties' right to resort to the judiciary to resolve the dispute ."