Algeria No.

2 (2006)
Convention
between the United Kingdom of Great Britain and Northern Ireland and
the Peoples Democratic Republic of Algeria on Judicial Co-operation in
Civil and Commercial Matters
London, 11 July 2006
[Instruments of ratification have not been exchanged]
Cm 6927 5.00
Presented to Parliament
by the Secretary of State for Foreign and Commonwealth Affairs
by Command of Her Majesty
October 2006
Crown copyright 2006
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CONVENTION BETWEEN THE UNITED KINGDOM OF GREAT
BRITAIN AND NORTHERN IRELAND AND THE PEOPLES
DEMOCRATIC REPUBLIC OF ALGERIA ON JUDICIAL CO-
OPERATION IN CIVIL AND COMMERCIAL MATTERS
The United Kingdom of Great Britain and Northern Ireland and the Peoples
Democratic Republic of Algeria,
Together the contracting parties
Considering the common ideals of justice and freedom that guide the two states,
Desiring to strengthen the mutual judicial co-operation in civil and commercial
matters,
Have agreed as follows:
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1
Obligation of judicial co-operation
The contracting parties agree, on the request of one of them, to provide mutual
judicial co-operation in civil and commercial matters.
ARTICLE 2
Legal Protection
1. The nationals of each of the contracting parties shall benefit, in the territory
of the other contracting party, from the same legal protection concerning their
personal and property rights as the latter accords to its nationals.
2. The nationals of each of the contracting parties shall have on the territory of
the other contracting party free access to the courts for the prosecution and defence
of their rights.
3. Paragraphs 1 and 2 of this Article apply also to legal persons, constituted or
authorized, according to the laws of the contracting parties.
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ARTICLE 3
Security
1. No security, bond or deposit, of any denomination, shall be imposed on the
nationals of either of the contracting parties appearing before the courts of the other
contracting party unless by virtue of the legislation of this latter its nationals would
be so compelled.
2. The provisions of the previous paragraph shall apply to legal persons,
constituted or authorized, according to the laws of the contracting parties.
ARTICLE 4
Judicial assistance
1. The nationals of each of the contracting parties shall benefit, in the territory
of the other contracting party, from the same legal assistance as the nationals
themselves provided that they comply with the law of the country in which the
assistance is requested.
2. The certificate attesting the insufficiency of resources shall be delivered to
the requesting person by the competent authorities of his country if he resides or is
domiciled in the territory of one of the contracting parties. If the requesting person
resides or is domiciled in a third country, the certificate shall be delivered by the
diplomatic or consular representation, territorially competent, of his country.
ARTICLE 5
Dispensation of authentication
Documents transmitted under the provisions of this Convention shall not require
any form of authentication and must bear the signature and the official seal of the
authority entitled to deliver them.
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CHAPTER II
JUDICIAL CO-OPERATION
ARTICLE 6
Scope of Judicial Co-operation
Judicial co-operation includes service and transmission of judicial and extra-
judicial documents; the execution of procedural acts such as taking the testimony
of persons or parties; taking expert advice or obtaining evidence and exchanging
documents of civil status and any other procedural act within the framework of
judicial investigation, on the request of one of the contracting parties.
ARTICLE 7
Refusal of judicial co-operation
Co-operation is refused if the requested contracting party considers that this co-
operation is likely to prejudice the sovereignty, security or public order of its
country.
ARTICLE 8
Central Authorities
1. The Central Authorities are designated by the contracting parties.
2. For the United Kingdom, the Central Authorities are:
a) in England and Wales, the Senior Master of the Supreme Court of
Justice;
b) in Scotland, the Scottish Executive Justice Department;
c) in Northern Ireland, the Supreme Court of Judicature.
3. For the Peoples Democratic Republic of Algeria, the Central Authority is the
Ministry of Justice.
4. Requests under this Convention shall be transmitted directly by the Central
Authority of the requesting contracting party to the Central Authority of the
requested contracting party. Each party shall notify the other of any change to its
Central Authorities.
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5. The request for judicial co-operation should be accompanied by two copies
of a document to be served and include the following information:
a) the name of the requesting judicial authority;
b) the name of the requested judicial authority, where appropriate;
c) the surname, first name, capacity, nationality, domicile or residence of
the parties, or registered address in the case of legal persons;
d) the surname, first name and address of the parties representatives,
where appropriate;
e) subject of the request and accompanying documents;
f) any other useful information to fulfill the requested procedures.
6. In the case of service of a judgment, the time and methods of appeal,
according to the law of each of the contracting parties, must be stated in the request.
ARTICLE 9
Language of correspondence
The request, and documents related to the mutual legal assistance, shall be drawn
up in the language of the requesting contracting party and accompanied by a
translation into the language of the requested contracting party.
ARTICLE 10
Expenses of mutual assistance
The execution of mutual legal assistance shall not give rise to the repayment of any
expenses except concerning the allowances of experts and expenses resulting from
execution in a particular form, in accordance with the law of the requested party,
which is requested or accepted by the requesting party.
ARTICLE 11
Evidence of service of documents
1. Service of judicial and extra-judicial documents shall be proved either by a
receipt dated and signed by the person who receives the document or by a
certificate provided by the requested authority proving the fact, the method and the
date of transmission.
2. If service is not possible, the requesting contracting party must be informed.
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ARTICLE 12
Rogatory commissions
Rogatory commissions shall include the following information:
a) the name of the requesting judicial authority;
b) the name of the requested judicial authority, where appropriate;
c) the surname, first name, address and capacity of parties and witnesses;
d) the subject of the request and the acts requested;
e) questions to be asked to witnesses where appropriate;
f) any other useful information to fulfill the requested acts.
ARTICLE 13
Execution of rogatory commissions
1. When one of the contracting parties asks for a rogatory commission to be
executed on the territory of the other contracting party, the rogatory commission
shall be executed by the judicial authority, and in accordance with the procedure, of
the latter.
2. Upon the express request of the requesting authority, the requested authority
shall:
a) execute the rogatory commission following a special procedure, if this
procedure is not contrary to its law;
b) inform, in due time, the requesting authority of the date and place where
the rogatory commission will be executed so that the interested parties
may be present, according to the law of the requested contracting party.
3. If the request has not been executed, the documents accompanying the
request shall be returned to the requesting contracting party, which shall be
informed of the reasons for the non-fulfillment or the refusal.
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ARTICLE 14
Appearance of witnesses and experts
1. When the personal appearance of a witness or an expert who is resident in the
territory of one of the contracting parties is necessary before the judicial authorities
of the other contracting party, the requested authority of the country where he
resides or is domiciled shall ask him to comply with the summons addressed to
him.
2. In this case, the travel and subsistence expenses of the witness or the expert
shall be provided from his domicile or residence, according to the tariffs and
regulations in force in the country where the hearing will take place. Travel
expenses include a return ticket to the airport nearest the judicial authority before
which the witness or the expert is asked to appear. Upon the request of the witness
or the expert, the consular authorities of the requesting contracting party shall
guarantee those travel or other costs in advance.
3. In the case of non-appearance, coercive measures shall not be taken by the
requested authority against the defaulters.
ARTICLE 15
Delivery of documents and the execution
of rogatory commissions by consular and diplomatic representations
Each contracting party may deliver to its citizens judicial and extra-judicial
documents or proceed directly to their hearing through diplomatic or consular
representations in accordance with the law of the contracting parties.
CHAPTER III
RECOGNITION AND EXECUTION
ARTICLE 16
Recognition and execution of authentic acts
1. The authentic acts, and in particular the notarial acts, are declared executory
in the territory of the other contracting party by the competent authority in
accordance with the law of the party where the execution will take place.
2. The competent authority only verifies whether or not the acts comply with the
required conditions for their authenticity in accordance with the law of the country
in which they were issued, and whether or not they are not contrary to the public
order of the contracting party where the recognition or the execution is requested.
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ARTICLE 17
Recognition and execution of arbitral sentences
The contracting parties shall recognize and execute the arbitral sentences issued in
their territories in accordance with the provisions of the Convention on Recognition
and Enforcement of Foreign Arbitral Awards
1
, done at New York, on 10
th
June,
1958.
ARTICLE 18
Exchange of information and documents
The contracting parties undertake to exchange, on the request of one of them,
information and documents in matters of legislation and jurisprudence.
CHAPTER IV
FINAL PROVISION
ARTICLE 19
Application
This Convention shall apply:
a) in relation to the United Kingdom:
i) to England and Wales, Scotland and Northern Ireland;
ii) to any territory (including the Isle of Man and the Channel
Islands) for whose international relations the United Kingdom is
responsible and to which this Convention shall have been
extended by exchange of notes between the Parties, subject to any
modifications agreed by the Parties and to either Party being able
to terminate such extension by giving six months written notice to
the other through the diplomatic channels; and
b) to the Peoples Democratic Republic of Algeria.
1
Treaty Series No. 20, 1979 Cm 6419
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ARTICLE 20
Ratification and entry into force
1. This Convention shall be subject to ratification in accordance with the
constitutional procedures in force in each contracting party.
2. This Convention shall enter into force thirty (30) days after the exchange of
instruments of ratification.
3. This Convention shall remain in force indefinitely. Either contracting party
may terminate it at any time, by written notice of six (6) months. This decision is
notified to the other contracting party through diplomatic channels.
In witness whereof, the undersigned, being duly authorized by their respective
Governments, have signed this Convention.
Done at London on 11
th
day of July 2006, in the English and Arabic languages,
each text being equally authentic.
For the United Kingdom of Great
Britain and Northern Ireland:
For the Peoples Democratic Republic of
Algeria:
JOHN REID TAYEB BELAIZ
Printed in the UK by The Stationery Office Limited on behalf of
the Controller of Her Majestys Stationery Office
ID5440866 348586 10/2006 19585

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