Tunis Center for Conciliation and Arbitration

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[edit] General Information

  • Official name: Centre de Conciliation et d’Arbitrage de Tunis
  • Country: Tunisia
  • City: Tunis
  • Type of organization: non-profit organization
  • Date of creation: 1996
  • Interests: Arbitration – Conciliation - Mediation
  • Fields of expertise: All types of disputes (domestic or international)

[edit] Description

The important and rapid changes engendered by the increasing globalization of the modern business world have led to the development of domestic and international arbitration, as a natural and flexible mean of resolving disputes likely to arise between economic operators.

In the framework of this worldwide movement, a decade ago Tunisia has begun a process of modernizing its economy for the purpose of integrating it into the world economy. Among the features of this process was the modernization of economy related legal proceedings, notably with the promulgation of the Arbitration Code on 26 April 1993, which is largely inspired from the Model Law of the United Nations Commission for International Trade Law (UNCITRAL).

Similarly, at the initiative of the Tunisian Union of Industry and Commerce, Chambers of commerce and other professional associations active in the arbitration field, the Centre de Conciliation et d’Arbitrage de Tunis was created on 23 June 1996, a non profit-making association under Tunisian law.

Among its objectives are the dissemination of conciliation and arbitration culture, and the consolidation of cooperation and partnership relations with national and international arbitration institutions.

The Centre de Conciliation et d’Arbitrage de Tunis is governed by a Board of Directors, that appoints a “Scientific Council” of five to twenty members. This council plays the role of an arbitral tribunal in charge of supervising and regulating arbitration procedures administered by the center, and the compliance by arbitral tribunals.

[edit] Mission

CCAT Rules shall apply when the Tunis Center for Conciliation and Arbitration is appointed pursuant to an arbitration clause contained in an arbitration contract, convention or agreement to conduct mediation, conciliation or arbitration procedures.

The function of the center is to administer mediation, conciliation and arbitration procedures for the settlement of disputes with a domestic or international character in accordance with its rules.

The center provides the secretarial assistance for arbitrators and parties in the administration of mediation, conciliation and arbitration.

[edit] Advantages of CCAT Arbitration

  • The dispute is examined by competent and qualified arbitrators, acquainted with the world of business.
  • CCAT offers to parties the freedom to choose arbitration time periods and rules applicable to the dispute.
  • CCAT offers mechanisms that allow overcoming all the difficulties which may occur during the arbitration proceedings.
  • Existence of a committee (Scientific Council) to supervise the CCAT arbitration proceedings.
  • Resolution of Disputes administered by CCAT is confidential. The confidentiality permits to preserve the relationship between the parties.
  • Rapidity in settling disputes is guaranteed; such rapidity responds to the requirements of the business world.
  • Private judicial system that applies law principles and trade rules.
  • Arbitration fees are fixed in the CCAT Rules. The amount of the fee for the constitution of an arbitral tribunal is 500 Tunisian dinars per dispute.

[edit] Arbitration in Tunisia

The recourse to arbitration is rooted in the usage of the international business community, as well as in all the civilizations of the world: Mediterranean, Eastern or Western. Nowadays, arbitration is the most natural way for the settlement of commercial disputes, thanks to its undeniable advantages: flexibility, confidentiality, rapidity, and reasonable costs. Besides, the qualification of arbitrators and their specific vision to the dispute, as a punctual and temporary litigation rather than an irreversible confrontation, are factors that ensures to parties a satisfying settlement to the dispute, keeping the door open to the continuation of their business relations. This is, often, more important than remedy.

Tunisian law has provided a very flexible system to arbitration, aiming at ensuring a maximum validity to the arbitration convention, and an optimal efficiency to the award rendered on the basis of such convention. The Tunisian legal system offers to parties the opportunity to choose the applicable law to the object of the litigation, the applicable law to the proceedings to be followed by the arbitrators, who may themselves determine such proceedings, and the applicable law even to the arbitration convention itself.

In addition, many attractive fiscal advantages are provided by the law for businesses. All legal deeds (contracts, conventions…) related to arbitration, as well as the arbitral awards, are exempted from registration fees, which ordinary rate is 5%. Such important amounts are largely sufficient to cover arbitrators and procedure fees, notably when the Tunis Center for Conciliation and Arbitration is appointed to conduct the arbitration. In this case, the arbitration costs do never exceed this limit. This is why it is worthy to affirm that the Center’s arbitral procedure is in fact free of charge.

[edit] Conciliation

Conciliation is the principal ADR (Alternative Dispute Resolution): it is a peaceful way to settle litigations that need the intervention of a third party in charge of trying to reach a solution accepted by parties. Indeed, the conciliator’s mission is to bring positions closer. He or she cannot impose a solution on parties, even though it seems the fairest one.

Conciliation is a pure conventional procedure, as there is not a rule for it. Therefore, parties have the freedom to organize it as they wish. However, in the event of recourse to an arbitration and conciliation institution, such as the Tunis Center for Conciliation and Arbitration, parties save their efforts for the elaboration of conciliation rules, as the Center has established rules for the conciliation procedure.

The Conciliation procedure is characterized by its extreme flexibility as well as confidentiality, as the conciliator’s proposals and the parties’ counter-proposals are not disclosed to any third party.

Among the advantages of the Center’s conciliation procedure, the fact that the conciliator cannot be appointed later as an arbitrator in the same litigation, in order to avoid prejudices on the case and the parties.

[edit] Contact

Immeuble Galaxy 2000, Rue d’Irak.Tour A, 7ème étage.1002 Tunis - Tunisia

Tel: (216) 71 792 350/ (216) 71 849 695

Fax: (216) 71 796 192

Email: ccat@gnet.tn

Official Website

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