Nejib Marzouki

Arbitration lawyer in Tunis

Domestic and international arbitration, from the clause to enforcement of the award.

Arbitration lets a dispute be decided by one or more arbitrators chosen by the parties, outside the State courts. It is common in commercial and investment contracts, where confidentiality and control of the timetable matter.

The firm acts before the dispute, to draft the arbitration clause, and during the proceedings, to represent a party until the award is enforced.

When to consult

  • You are drafting a contract and want it to include an arbitration clause.
  • A dispute has arisen and the contract contains an arbitration clause.
  • You have received a request for arbitration.
  • An award has to be enforced in Tunisia, or you wish to challenge it.
  • You are hesitating between the court, mediation and arbitration.

How the firm works

  1. Reading the clause

    The firm checks what the contract provides: applicable rules, seat, number of arbitrators, language.

  2. Forming the tribunal

    Appointment of the arbitrator and exchanges with the arbitration centre when the arbitration is institutional.

  3. Proceedings

    Written submissions, production of documents, hearing of witnesses and experts, oral argument.

  4. Award

    Application for enforcement of the award, or challenge where the law allows it.

Frequent questions

How does it differ from a trial?

The parties choose their arbitrators and the rules of the procedure, which stays confidential. The award binds the parties like a judgment.

Is arbitration possible without a clause in the contract?

Yes, if both parties accept it once the dispute has arisen: they then sign a submission agreement.

In which languages does the firm work?

In French, Arabic and English, depending on the language of the contract and of the proceedings.

The firm's other practice areas

The information on this page is general. It does not replace a consultation: each situation has to be examined with its documents.