Lawyer for foreign companies doing business in Algeria

Key points

• Foreign companies that invest, contract or litigate in Algeria are governed in large part by Algerian law, which changes frequently.
• We advise and manage the matter from Lille, France, travel to Algiers when needed and work with a network of correspondents there.
• Representation before the Algerian courts is handled by lawyers admitted in Algeria, with whom we coordinate the strategy.
• You deal with a single point of contact, in English or French, from the first review to the enforcement of a decision.

Your company is looking at Algeria: setting up a subsidiary, appointing a distributor, bidding for a public contract, or chasing an Algerian customer who has stopped paying. You need a lawyer who understands your contract and your commercial objectives, knows how the Algerian framework works, and can organise the people who must act on the ground. Bayān is a business law firm led by Ilyès Dogheche, a member of the Lille Bar in France. We assist foreign companies, including but not limited to French companies, with their projects and disputes in Algeria, in coordination with a network of correspondents in Algiers.

How we help

Setting up and investing

Algeria's investment framework was overhauled by Law No. 22-18 of 24 July 2022 on investment. The rule that required majority Algerian ownership (the so-called 51/49 rule) was relaxed for most sectors, but it still applies to activities considered strategic and to certain other activities. We help you understand which rules apply to your project, choose between a liaison office, a branch and an Algerian company, and prepare the steps with the Algerian investment promotion agency where relevant. We also look ahead to how profits and dividends will be transferred out of the country, since this depends on exchange control rules and on how the original investment was documented.

Contracts

Many disputes in Algeria start with a contract that left the key questions open. We draft, review and negotiate supply, distribution, agency, service and partnership agreements with Algerian companies. We focus on governing law, dispute resolution (courts or arbitration, seat, language), payment terms and security, and the practical conditions for performing the contract under Algerian import and exchange rules.

Disputes and debt recovery

When an Algerian customer does not pay, a distributor breaches its exclusivity or a joint venture partner blocks decisions, we assess your position and the options available. These range from a formal demand and negotiation to court proceedings in Algeria, conducted by a correspondent admitted there, or proceedings in France when the contract allows it. Disputes with state-owned companies or under public contracts raise specific questions, which we identify at the outset.

Enforcement and arbitration

A judgment or award only has value if it can be enforced where the debtor has assets. A French or other foreign judgment must be recognised in Algeria before it can be enforced there. Algeria is a party to the New York Convention on foreign arbitral awards, with reservations limiting it to awards made in another contracting state and to commercial disputes, which generally makes awards easier to enforce than court judgments. We handle international arbitration with Algerian parties and organise the recognition and enforcement steps with our correspondents.

How we work

• Advice and coordination from Lille, France. We review your documents, identify the governing law, the dispute resolution clause and the location of useful assets, and give you a written recommendation on what can be done and in what order.
• A network of correspondents in Algiers. Whenever a point of Algerian law or a local formality is involved, we bring in a correspondent from our network who checks the rules in force and carries out the steps on the ground.
• Representation before Algerian courts. Proceedings in Algeria are conducted by lawyers admitted in Algeria. We prepare the strategy, the evidence and the submissions with them and follow every stage.
• Travel to Algiers. When the matter requires it, we travel to Algiers for meetings with your partner, negotiations or work sessions with our correspondents, as agreed with you in advance.
• Working languages. We work with you in English and French. Documents filed with the Algerian courts are translated by sworn translators.

The division of roles is simple: we advise, design the strategy and coordinate; our correspondents admitted in Algeria handle local formalities and appear before the Algerian courts.

Points to watch

• Rules change often. Algerian investment, exchange control and foreign trade rules are amended regularly, often through annual finance laws. What is described on this page is a general framework only. Every project and every dispute calls for an up to date check of the rules in force.
• Sector restrictions. Ownership and licensing conditions vary by sector. The status of your activity should be confirmed before any commitment.
• Exchange control. Payments abroad and transfers of income go through the Algerian banking system and require supporting documents. A poorly documented transaction can remain blocked.
• Documents. Foreign documents may need to be legalised or certified and translated before they can be used in Algeria. Allow time for this from the start.
• Time limits. Limitation periods depend on the law governing the contract. Have them checked early, before amicable discussions drag on.

Fees

Our fees are set out in a written fee agreement, which French professional rules require, signed before work begins. It specifies how fees are calculated, the services covered and foreseeable costs such as travel, translation and court or arbitration costs. The fees of our correspondents in Algiers are presented to you and agreed transparently before they start work. The first call is an opportunity to understand your situation and assess whether action is feasible.

For French speakers, more detail is available on our page in French.

To discuss your situation, please contact us.

Frequently asked questions

Can a foreign lawyer represent my company in court in Algeria?

As a rule, no. Representation before the Algerian courts is handled by lawyers admitted in Algeria. Our role is to manage the matter: strategy, preparation of evidence and submissions, follow up of the proceedings and reporting to your company.

Does the 51/49 rule still apply to foreign investment in Algeria?

It was relaxed for most sectors, but it still applies to activities considered strategic and to certain other activities. The exact scope should be checked at the time of your project, as it may change.

How can I recover an unpaid invoice from an Algerian customer?

Start with a formal demand and a review of your contract, in particular the governing law and the choice of courts or arbitration. Depending on where the debtor's assets are, you may obtain a decision abroad and have it recognised in Algeria, or bring proceedings directly in Algeria through a lawyer admitted there.

Can you work with my company if we are not French?

Yes. We assist foreign companies of any nationality doing business in Algeria, working in English or French. The approach is the same: advice and coordination from Lille, and local action through our correspondents in Algiers.