Author: Sami Kallel*
Published: October 1993
Authority of the Arbitral Tribunal
Arbitrators and Arbitral Tribunals
Practice and Procedure
Description: On October 27, 1993, the new Tunisian Code on Arbitration (hereinafter the “Law”) entered into force. This Code, enacted on April 26, 1993, amended Title VII on arbitration of the Code of Civil and Commercial Procedure, adopted some thirty years ago.
The reason for adoption of a new law on international arbitration derives from the fact that Tunisia, like other Arab and developing countries, is currently aware of the vital role and advantages of arbitration in settling international commercial disputes. Tunisia is a party to major international, regional and bilateral conventions on international and commercial arbitration. Yet, the present favorable attitude toward arbitration does not stem from the few investment or commercial disputes related to these conventions, nor from the occasional cases Tunisian courts have already resolved. Rather, the trend towards arbitration was essentially prompted by domestic laws favoring the settlement of disputes related to foreign investment through arbitration. Thus, to stimulate the flow of foreign capital into the country, the Tunisian government enacted between 1987 and 1990 several investment laws that contained arbitration provisions. Recently, the government unified all these laws when, on December 27, 1993, a Unified Investment Code was enacted.
*LL.M., Attorney at Law, Tunisian Bar, Kallel & Associates. This paper was drafted while the author was working as a Visiting Attorney at the Paris office of White & Case. The author acknowledges the useful comments provided by Maurizio Ragazzi, Esq. and Carroll Dorgan, Esq.