Tunisian Republic - Chapter 16 - The Practitioner's Guide to Arbitration in the Middle East and North Africa
Habib Malouche, Malouche Law Firm
A. Arbitration Laws
1. Please identify by title and date the principal laws and regulations governing (i) domestic and (ii) international arbitration in your State.
In Tunisia, arbitration is governed by the Code de l’Arbitrage promulgated by Law No. 93-42 dated 26 April 1993 (J.O.R.T No. 33 dated 4 May 1993, page 580). This code is composed of three chapters: the first addresses general dispositions; the second addresses domestic arbitration; and the third addresses international arbitration.
The code governs arbitral proceedings. However, Article 46 stipulates that domestic proceedings are governed by the Code of Civil Procedure when the articles applied are not in conflict with Chapter II or are not provided therein.
Chapters I and III are based on the UNCITRAL Model Law of 1985 and Chapter II is based on the Code of Civil Procedure (CPC) title VII which was based on French Law (before 1981). It is possible that the Arbitration Code will be amended in the future. The enforcement procedure for foreign decisions and judgments is governed by the Code of Private International Law (CDIP) promulgated in November 1998. Articles 79 to 82 of the Arbitration Code govern the enforcement of international arbitral awards.
2. Please provide an electronic link (i) to an English language translation of the laws and regulations identified in Question 1 above and (ii) to the Arabic text.
There is no electronic link to the English translation of the code.
The Arabic text is available at http://www.cundst.rnrt.tn/