The legal framework governing arbitration in Tunisia is built on both national legislation and international treaties. Key laws and conventions that shape arbitration in Tunisia include:

1. Tunisian Code of Arbitration (Law No. 42 of 1993): This law forms the cornerstone of arbitration in Tunisia. It was modeled on the UNCITRAL Model Law on International Commercial Arbitration, and it regulates both domestic and international arbitration. The law allows parties considerable autonomy to structure arbitration proceedings as they see fit, while ensuring due process and impartiality.

2. Law No. 2008-42: This law introduced significant amendments to the Tunisian Code of Arbitration, reinforcing the role of arbitration in commercial disputes and emphasizing the independence of arbitral tribunals.

3. International Arbitration Treaties: Tunisia is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), which facilitates the enforcement of foreign arbitral awards within Tunisia. Additionally, Tunisia is a member of the International Centre for Settlement of Investment Disputes (ICSID), enhancing its attractiveness as a venue for investor-state arbitrations.

Arbitration Institutions in Tunisia:

Tunisia boasts several institutions dedicated to arbitration, ensuring that domestic and international disputes are resolved fairly and efficiently. Key institutions include:

1. Centre de Conciliation et d’Arbitrage de Tunis (CCAT): The CCAT is the primary arbitration institution in Tunisia, established by the Tunis Chamber of Commerce and Industry. The centre specializes in resolving commercial disputes through arbitration and conciliation and has developed rules that are in line with international arbitration standards. It provides a neutral forum for both domestic and international arbitration.

2. International Court of Arbitration of the International Chamber of Commerce (ICC): The ICC has a strong presence in Tunisia, with many international commercial contracts involving Tunisian parties incorporating ICC arbitration clauses. The ICC’s globally recognized arbitration rules are often chosen by international parties seeking to arbitrate disputes with Tunisian companies.

3. Regional Arbitration Centers: Several regional centres across Tunisia, including in Sfax and Monastir, offer arbitration services tailored to local commercial disputes. These centres work closely with businesses and legal professionals to promote arbitration as an effective dispute resolution method.
   
   Tunisia has a strong framework for enforcing domestic and foreign arbitral awards. Under the Tunisian Code of Arbitration, domestic awards are directly enforceable through Tunisian courts, and non-compliance with an arbitral award can lead to legal enforcement measures such as asset seizure. For international arbitral awards, Tunisia’s accession to the New York Convention ensures that awards rendered in other member states can be recognized and enforced in Tunisia and vice versa. Tunisian courts generally support arbitration, and the grounds for refusing enforcement of a foreign award are narrowly limited to those provided by the New York Convention, such as procedural defects or conflict with public policy.
   
   Conclusion:
   Tunisia has made significant strides in developing a modern and efficient arbitration framework that aligns with international standards. The country’s legal framework, bolstered by adopting the UNCITRAL Model Law and participation in key international arbitration conventions, provides parties with the necessary tools to resolve disputes fairly and efficiently. With strong institutional support from centers like CCAT and ICC, Tunisia is well-positioned to handle domestic and international arbitration cases. Despite challenges such as costs and potential public policy obstacles, the future of arbitration in Tunisia is promising, particularly in sectors like construction, energy, and commercial contracts.