International commercial arbitration
International commercial arbitration in Tunisia
International commercial arbitration in Tunisia is a preferred mechanism for resolving disputes arising from international contracts, investments, infrastructure and energy projects, distribution arrangements, and cross-border operations. Our firm advises Tunisian companies, investors, and foreign partners on preventing, conducting, and enforcing arbitration proceedings involving Tunisia.
International commercial arbitration in TunisiaInternational arbitration in figures
International arbitral activity continues to grow. The latest statistics from the ICC International Court of Arbitration for 2025 show sectors that are especially relevant for the Tunisian market: construction and engineering (28%), energy (15%), transport (5.5%), telecommunications and technology, finance, and insurance. These figures underscore the growing role of arbitration in international contracts and complex projects.
881
cases filed under the ICC Rules of Arbitration (2025)
2,531
parties involved in new cases
147
jurisdictions represented by the parties
~299 bn USD
total value of the case portfolio
69.4%
of cases between parties of different nationalities
123 · 70
cities and countries where arbitrations were seated
A dispute resolution mechanism suited to international cases
Arbitration allows parties to determine in advance several essential features of their procedure: seat of arbitration, arbitral institution, language, number of arbitrators, and applicable rules.
In Tunisia, the legal framework rests notably on the Arbitration Code, while the New York Convention facilitates recognition and enforcement of foreign arbitral awards.
For international contracts, drafting the arbitration clause is therefore a major strategic issue.
Arbitration news 2026: Tunisia at the centre of a new energy case
2026 brings a particularly significant example with Shell Tunisia Upstream Limited and Shell Tunisia LPG S.A. v. Republic of Tunisia, registered with ICSID on 7 April 2026.
The dispute concerns the exploitation of mineral resources in the oil and gas sector and relies notably on the 1989 United Kingdom–Tunisia bilateral investment treaty.
In August 2026, the arbitral tribunal began to be constituted, with Raëd Fathallah appointed by the claimants and Eduardo Silva-Romero by Tunisia. The proceedings are currently pending.
This case illustrates the importance of arbitration in energy projects, concessions, and international investment in Tunisia.
The new 2026 ICC Rules
Another important development for companies using international arbitration: the ICC Arbitration Rules 2026 entered into force on 1 June 2026.
This update aims to modernise arbitral procedure and meet the needs of contemporary international disputes. The new rules apply to ICC arbitrations commenced on or after that date.
For Tunisian companies entering international contracts today, it is essential to verify precisely the arbitration clause and the version of the institutional rules referred to.
Our international commercial arbitration services
We assist in particular with:
- ✓drafting and negotiating arbitration clauses;
- ✓analysing the validity and scope of an arbitration agreement;
- ✓determining the seat of arbitration and applicable law;
- ✓choosing the arbitral institution and procedural rules;
- ✓supporting constitution of the arbitral tribunal;
- ✓representing parties in international arbitral proceedings;
- ✓preparing memorials, arguments, and exhibits;
- ✓addressing jurisdiction and admissibility issues;
- ✓seeking or challenging interim and conservatory measures;
- ✓supporting recognition and enforcement of arbitral awards in Tunisia;
- ✓assisting foreign companies in disputes with Tunisian partners or entities.
Arbitration clause: securing the contract at drafting stage
An effective arbitration clause must be tailored to the transaction concerned.
The choice of seat, institution, language, number of arbitrators, and applicable law can significantly affect how the procedure unfolds and how the award is enforced.
An imprecise clause may, conversely, trigger challenges to the tribunal's jurisdiction and delay resolution of the dispute.
Recognition and enforcement of an award in Tunisia
Obtaining an arbitral award is not always the final step.
When a foreign award must be enforced in Tunisia, recognition and enforcement issues—and possible grounds for challenge—should be anticipated.
The New York Convention is a central instrument in the international system for recognition and enforcement of foreign arbitral awards.
Why choose arbitration for an international contract involving Tunisia?
For a foreign or Tunisian company, arbitration can offer a particularly suitable framework when the contract spans several jurisdictions.
It allows parties to organise dispute resolution in advance and to appoint arbitrators with sector-specific expertise in energy, construction, infrastructure, finance, or international trade.
Arbitral strategy should nevertheless be considered from contract negotiation onwards—not only once a dispute arises.
Articles and insights on arbitration in Tunisia
To explore issues faced by businesses, we cover topics including:
- ✓How to draft an international arbitration clause in Tunisia?
- ✓ICC arbitration: what do the 2026 Rules change?
- ✓Recognition and enforcement of a foreign arbitral award in Tunisia
- ✓International arbitration or Tunisian courts: which choice for an international contract?
- ✓Arbitration in energy contracts in Tunisia
- ✓Foreign investment and arbitration against the Tunisian State
- ✓Seat of arbitration: which criteria for a contract involving Tunisia?
Need assistance with international arbitration?
We support companies and investors with arbitration agreements, pre-dispute strategy, international arbitral proceedings, and enforcement of awards in Tunisia.
Frequently asked questions
Why include an arbitration clause in an international contract?+
Do you handle investment arbitration?+
International arbitration counsel
Clause, proceedings or award enforcement: contact our ADR team.