Originally from Arbitration in the MENA

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[1] INTRODUCTION

One can determine if a country is arbitration-friendly by assessing, for instance, the status of its legal framework related to arbitration, and whether or not local judges are supportive of arbitration. In order to answer these questions, an analysis of current Tunisian arbitration laws and practices should be made. This chapter does not only address the amendments and modifications of the national Tunisian legislation, but also gives an overview of the international conventions and legislation that played a fundamental role in the development of arbitration in Tunisia.

[2] SOME ONTOLOGICAL PRELIMINARIES

[2.1] Institutional Framework

[2.1.1] The Tunis Center for Conciliation and Arbitration (CCAT)

In 1995, the Tunis Center for Arbitration and Conciliation (CCAT)  was established by a group of university researchers, law practitioners and businessmen. This Center established an academic mission in its constitution. Nowadays, it applies its own rules, which are very similar to the ICC Rules, on various arbitral claims (such as insurance, company law, and transportation). The CCAT simultaneously performs three kinds of activities: organizing arbitral procedures, promoting arbitration and training arbitrators and other concerned professionals, such as lawyers and corporate counsels.  

[2.1.2] The role of ad hoc arbitration

Ad hoc arbitration is the most commonly used process from among the alternative dispute resolution mechanisms available in Tunisia. Despite the creation of arbitration centers, statistics reveal that ad hoc arbitration prevails over institutional procedures, both in terms of numbers of references and claimed amounts.