Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
These Rules shall apply whenever an
arbitration agreement appoints the Tunis Center for Conciliation
and Arbitration to conduct arbitration proceedings between its
1. Number of
The arbitral tribunal shall consist of a sole
or three arbitrators nominated by the parties, or alternatively by
the Center's Scientific Council.
If the arbitration agreement calls for a sole
arbitrator, the parties shall mutually designate the arbitrator
within 30 days of receipt by the Center of the statement of claim,
which shall be notified immediately to the respondent.
After the expiry of this date, the Scientific
Council will make the appointment.
2. Constitution of the Arbitral
If the arbitral tribunal is composed of three
arbitrators, each party shall appoint an arbitrator within 30 days
after receipt of the notification of the statement of claim by the
respondent. Upon the expiry of this time period, and if a party has
failed to appoint an arbitrator, the Scientific Council of the
center shall make the appointment forthwith. Within 14 days from
the date of the appointment or the date of notifying the center of
the last appointment, the two appointed arbitrators shall jointly
select a third arbitrator who shall chair the Tribunal. Upon the
expiry of this period, the Scientific Council of the Center shall
promptly designate the chair of the Tribunal.
The Arbitral Tribunal will be legally
constituted, providing that the arbitrators expressly accept their
appointments, and the parties pay all administrative expenses, in
addition to paying a deposit on the arbitrators fees as fixed by
One or substitute arbitrators shall be
appointed according to circumstances, following the same procedures
as for the appointment of the originally appointed arbitrator or
arbitrators. Their role shall be to fill any vacancies if
necessary. The substitute arbitrator shall not be paid unless he or
she is called to replace an arbitrator. The challenge by one of the
parties, of a substitute arbitrator, shall not suspend the
commencement of the arbitration.
The arbitrator shall be independent and
impartial. The selected arbitrator shall sign, before his or her
appointment, a statement of independence. He or she shall disclose
to the Secretariat of the Center any events or circumstances that
might give rise to justifiable doubts as to his or her independence
The center shall notify the parties in
writing and fix a time period in which to comment. The arbitrator
shall promptly notify the Center and the parties in writing of any
facts or circumstances that might arise during the course of
arbitration and give rise to justifiable doubts regarding the
arbitrator's independence or impartiality.
1. Challenge and dismissal of
a. Any arbitrator may be challenged if
circumstances exist or arise that might give rise to justifiable
doubts regarding his or her independence or impartiality, or if he
or she fails to meet the qualifications provided in the arbitration
agreement by parties
Parties shall not challenge an arbitrator who
they have appointed or in whose appointment they have participated,
save for reasons of which they become aware after the appointment
b. The challenge of an arbitrator for a
reason of which the challenger was aware prior to his or her
appointment shall not be accepted, unless presented within 14 days
after the notice of appointment of that arbitrator. After the
expiry of that time period, the right to challenge is deemed to be
waived, unlessbased on a reason which arose or was disclosed after
c. The arbitrator shall not be dismissed
after appointment except by agreement of the parties. In the event
of non agreement, a request for dismissal shall be presented to the
Scientific Council of the Center for its decision. This decision
shall not be subject to appeal.
d. Challenge or dismissal requests cannot be
presented after the closure of the hearings
2. Replacement of
a. In the event of a decision to withdraw or
dismiss a challenged arbitrator, a substitute arbitrator shall
replace that arbitrator. If such replacement fails, the appointment
shall be made by of the Scientific Council of the
b. The arbitral tribunal may require that
hearings, which occurred prior to the replacement shall be
repeated, if it deems appropriate, taking into account the opinions
c. In the event of a judge or a public agent
being appointed an arbitrator or substitute arbitrator, the
President of the Center shall ensure that he or she has obtained
the necessary administrative authorization. If the selected
arbitrator fails to obtain such authorization within 20 days after
the nomination notice, the Center shall replace that arbitrator,
whether it receives a request to do so from one of the parties or
The claimant shall present its claim to the
Center in a notice containing the following statements and
- The full names and addresses of the parties
- The text of the arbitration clause or the
arbitration agreement ;
- A brief statement of the dispute and the
nature of the claim, the relief or remedy sought, and any
supporting documents ;
- A statement of the selected place of
- Evidence of payment of the Center's
administrative fees ;
- Any statements relating to the place and
the language of arbitration and the applicable law ;
- Any statements relating to the number of
arbitrators, the substitute arbitrators, and the names of the
arbitrator and the substitute arbitrator selected, or the mandate
to the President of the Center to make the appointment.
The Center may grant an additional time
period to the claimant to deliver all the documents set out. Upon
the expiry of this time period, the notice of claim lapses, but be
renewed by the claimant, if necessary.
1. Notification of the notice of
arbitration to the respondent
The Center shall promptly notify the
respondent of receipt of the notice of arbitration and relevant
documents and provide copies thereof. The respondent shall, within
30 days after receipt of the notice, appoint an arbitrator and
deliver a brief statement of defense.
In the event of failure to deliver a reply,
the Center may grant the respondent additional time, after which
the arbitration proceedings shall continue.
The respondent's reply shall not suspend the
The counterclaim of the respondent shall
- A statement of the nature of the dispute
arising from the counterclaim and its circumstances ;
- A statement of the subject of the
counterclaim and the relief sought. The counterclaim shall be
subjected to the payment of charges and expenses as provided in
articles 26 and 27 of these Rules.
The claimant may deliver a reply to the
counterclaim within 30 days after receipt of the notice of
counterclaim. The Center may grant additional time in which to
respond. A counterclaim shall not be accepted once the date of
hearing has been fixed.
Terms of reference of the arbitral
Once the arbitral tribunal is legally
constituted, the lawfulness of the arbitration agreement
ascertained, the subject matter of the dispute determined, the
terms of reference of the tribunal shall be set out in a document
that shall specifically include :
- The identity of parties, their advisors,
and the arbitrator or arbitrators ;
- The nature of the arbitration and whether
it is of a domestic or international character ;
- The subject matter of the dispute and the
issues to be decided on ;
- The applicable law in respect of the
substance and the procedures ;
- The place of arbitration ;
- The language of arbitration and the
languages that might be used in translation ;
- The time period of the arbitration and the
schedule of the proceedings.
The terms of reference shall be signed by
parties or their representatives and appointed arbitrators. In the
event that one of the parties or its representative refuses or
fails to sign, the arbitral tribunal shall continue the proceedings
with the approval of the Center's Scientific Council on the terms
Procedural rules applicable to
The procedural rules provided in these Rules
shall be applied to the arbitration, and the parties shall select
the applicable rules of proceedings. Failing such a designation,
the arbitral tribunal shall apply the procedural rules it deems
appropriate for an expeditious and economical dispute
In all cases, the arbitral tribunal shall
manage the proceedings fairly and impartially, providing
opportunities of defense to each party.
1. Principles of
a. After its constitution, the arbitral
tribunal shall examine its competence in all the issues.
Any challenge to the competence of the
tribunal shall be made at the beginning of the arbitration
proceedings, before going into the substance, otherwise the
challenge shall be rejected.
b. The sole arbitrator or the chair of the
arbitral tribunal shall sign all the procedural acts, such as
summons, notifications, injunctions (and pre-decisions).
The sole arbitrator or the chair of the
arbitral tribunal shall be responsible for preparing the hearings,
and shall authorize any necessary inspection.
Presence at hearings shall be obligatory. A
party shall be considered as such, provided that it appears in a
hearing, or at least has been summoned.
The arbitral tribunal shall organize the
running of the hearings. Parties are entitled to attend the
hearing. Unless the parties and the arbitral tribunal have agreed
otherwise, no other person can attend. Parties may select any
person to act on their behalf before the arbitral tribunal, and/or
If one of the parties fails to attend despite
the legal summon, without a valid excuse, the arbitral tribunal
shall continue to examine the case.
The arbitral tribunal shall invite parties to
present their supporting documents, and shall schedule the
presentation of memoranda and documents, taking into account the
nature and the complexity of the file, the distance and the
requirements of translation, where necessary.
A party which knows that any provision of, or
requirement under, these Rules, or any direction given by the
arbitral tribunal, or any other rule of the arbitration agreement
related to the constitution of the arbitral tribunal or the
proceedings, has not been complied with, and yet proceeds with the
arbitration without promptly recording an objection to such non
compliance, shall be deemed to have waived its right to
2. Exchange of
The adherence to these Rules by the parties
shall imply their acceptance to expeditiously settle their dispute.
Therefore, they shall help to reach a settlement, through the
transmission of notices with proof of receipt or any other proof of
All notices, statements and memoranda shall
be submitted to the Secretariat of the Center to be examined by
arbitrators within a reasonable time prior to the hearing.
Sufficient copies should be provided based upon the number of
parties and arbitrators, in addition to a copy for the Secretariat
of the Center. These shall be accompanied by a translation in the
language or languages of arbitration, as chosen by the parties or
the arbitral tribunal.
In all the cases, the arbitral tribunal shall
respect the fundamental principles of the proceedings, in
particular the principle of equality between parties and
Interim measures of
Unless otherwise agreed by the parties, the
arbitral tribunal may, at the request of a party, instruct to take
such interim measures of protection as it deems
The arbitral tribunal may require appropriate
security from the claimant as a condition of ordering such
measures. The interim measures of protection set out in this
article shall be issued in the form of statements or justified
decisions, according to the circumstances, which the tribunal
Investigation of the
The arbitral tribunal shall have the power to
conduct investigations of the case and authorize all means of
investigation, as it deems appropriate. In the event of an
investigation, the arbitral tribunal can appoint one of its members
to hear witnesses or organize site visits. The appointed arbitrator
can require secretarial assistance from the Center, travel to the
residence of the witness or any other place, and summon the witness
to the Tribunal.
The record of hearing shall be signed by the
chairman of the arbitral tribunal and the witness. The Secretariat
of the Center shall give the parties at least 14 days' advance
notice by registered post of the date of the hearing.
The arbitral tribunal may authorize expert
evidence and fix the advance amount and the expert's fee to be
jointly paid by the parties or by one of them. The arbitral
tribunal shall fix a deadline for such payment. If one party
refuses to pay, the tribunal may instruct the other party to
The expert shall conclude his or her task
expeditiously. He or she may be challenged with good reasons within
14 days after the notification of appointment and prior to the
The tribunal may meet in any place it deems
appropriate to inspect goods or documents or any other material,
and shall notify parties sufficiently in advance of the date of
such inspection and authorize their presence.
The arbitral tribunal may decide the dispute
solely on the evidence and statements produced by parties, unless
the parties require a hearing.
Unless parties have agreed otherwise, the
arbitral tribunal may examine the incidental claims, especially the
bringing of third parties into the arbitration. Upon the third
party agreeing to be involved in the arbitration and accepting the
composition of the arbitral tribunal, an arbitration agreement
shall be signed with the party responsible for bringing them
Where the examination of the incidental claim
may delay the delivery of the award without good reasons, the
chairman of the arbitral tribunal shall, at the request of a party,
order the separation of the examination of such incidental claim
from the proceedings.
The incidental claims may be subject to the
payment of expenses and fees set out in articles 26 and 27 of these
Award by consent
1. The arbitral tribunal shall try, during
the proceedings, to conciliate the parties
2. If the parties consent during the
proceedings to settle their dispute, the arbitral tribunal shall
end the arbitration proceedings.
The tribunal shall make an arbitral award by
consent of the parties, at their request. The arbitral award shall
be made by consent of parties in conformity with the provisions of
article 17 of these Rules. The award shall contain the text of the
Where the arbitral tribunal declares the
hearings closed and is deliberating, no further submissions or
evidence may be presented, unless required by the arbitral
Time period of
The arbitral award shall be made within a
time period of six months from the date of acceptance of the last
This period may be extended if parties agree,
or at the request of one of them or the arbitral tribunal, made to
the President of the Center.
Laws applicable to the substance of
The arbitral tribunal shall decide the
substance of the dispute, and examine all the issues of the
The arbitral tribunal shall decide the
dispute in accordance with the law or rules chosen by the
Failing a choice by the parties, the tribunal
shall apply the law or rules that it determines to be
The tribunal may decide as amiable
compositeur or ex aequo et bono only if the parties have expressly
authorized it to do so. The tribunal shall, then, decide in
accordance with rules of justice and equity.
In all cases, the tribunal shall have due
regard to the terms of the contract, and take into account any
applicable trade usages.
The tribunal shall make its award in writing.
The award shall refer to the respect of the right of defense. It
shall state the date on which it was made, the place of
arbitration, the names of arbitrators, and the full names and
addresses of the parties. If appropriate, it shall also state the
names of lawyers or any representative or assistant of the parties,
and shall determine the expenses and fees.
The award shall be made in the language
chosen by the parties or by the tribunal. The Center shall
translate it if necessary.
The award shall be signed by the arbitrator
or arbitrators. Where there is more than one arbitrator, the award
shall be made by a majority. Failing a majority decision, the
chairman shall make the award alone, and his or her signature on
the award is sufficient.
Before signing an award, the sole arbitrator
or arbitral tribunal shall submit it in draft form to the
Scientific Council of the Center. The Council may lay down
modifications as to the form of the award and, without affecting
the arbitrators' liberty of decision, may also draw their attention
to points of substance. The Scientific Council shall respect the
time period of arbitration. Its silence shall not suspend the
making of the award.
The award shall be deemed to be made in the
place of arbitration determined in the notice of appointment. The
award shall be confidential and final, and after delivering it, the
role of the tribunal with respect to the dispute subject of the
arbitration, shall end.
Correction and interpretation of the
Within 20 days after receipt of the award, a
party may by notice to the tribunal and after notifying the other
party and obtaining their comments, if any, which shall be made
within 14 days after receipt of the notice, request the tribunal to
do the following without re-opening the hearing :
1. Correct any clerical, typographical or
computation errors or any errors of similar nature ;
2. Interpret a part of the award ;
3. Make an additional award as to claims
presented but not dealt with in the award.
The tribunal shall comply with the request of
interpretation or correction within 30 days after the
Copies of the interpretation or correction,
or additional awards shall be transmitted to parties within 15 days
of the decision having been made.
The notice shall be sent to the original or
chosen address of each party.
The arbitral award shall be made in a
collegial manner. If the Scientific Council agrees, it may be
accompanied with dissenting opinions expressed by some
Submission and notification of the
The Secretariat of the Center shall transmit
the award to parties by registered post or through their lawyers
with proof of receipt.
The Center shall deposit the awards relating
to domestic arbitration at the clerk of the competent court's
office in accordance with Article 33 of the Arbitration
Filing of the
Files of the case shall be kept by the
Secretariat of the Center for 10 years from the date on which the
award was made.
Enforcement of the
The parties shall undertake to fully carry
out the award without delay.
In the event that parties choose ad hoc
arbitration, the center may provide secretarial assistance and
hearing rooms. Fees will be calculated on the basis of
administrative expense rates set out in article 25
Payment of administrative and procedural
costs, as well as arbitration fees, shall be made in accordance
with the scales set out in articles 26 and 27
Arbitrators' fees shall be fixed in the final
award or in the partial award, and shall be promptly enforced. In
the event of contest, the Scientific Council of the Center shall
decide on the amounts of deposits and fees. Its decision shall not
be subject to appeal.
Unless otherwise decided by the arbitral
tribunal, all expenses shall be borne by the unsuccessful party.
The claimant shall provide security for the arbitration
The President of the Center shall determine
the amounts of advances on administrative costs and arbitrators'
Apart from the original claim, the Center
shall, in the event that counterclaims or incidental claims are
presented, determine the advances on their costs.
These advances on costs shall be paid in
equal shares by the claimant and the respondent. One party may bear
the advances alone, if the other party refuses to pay its
The Center can suspend the transmission of
the file to the arbitral tribunal until the payment of the advance
or a part of it is made.
If the claimant withdraws its request for
arbitration before the arbitral tribunal issues summons or if the
arbitral tribunal declares its incompetence, the advance on costs
already paid shall be reimbursed after deducting the amount
incurred by the center. Failing this, the whole amount paid becomes
the property of the Center.
The administrative costs fixed by the Center
shall include the costs of the constitution of the arbitral
tribunal and the secretarial expenses. The constitution fee of each
arbitration is fixed at 500 Tunisian Dinars for each
The president of the Center shall fix the
secretarial costs of each arbitration within the range of 1000 and
5000 Tunisian Dinars, taking into consideration the importance of
the dispute and the complexity of the proceedings.
Arbitrators' fees shall be fixed in
accordance with the scale hereinafter set out, taking into account
the importance of the dispute, the time spent, the complexity of
the case and the place of the arbitration. The fee of each
arbitrator is as follows :
Sum in dispute : up to 100.000 Dinars: from
2% to 5% (with a minimum amount of 2000 Dinars)
Sum in dispute : from 100.000 to 500.000
Dinars : from 1% to 2%
Sum in dispute : from 500.001 to 1000.000
Dinars : from 0.50% to 1%
Sum in dispute : more than 1000.000 : from
0.10% to 0.50%
When arbitration proceedings require
arbitrators to travel, the travel and accommodation expenses shall
be added to the amounts set out above.
The President of the Center shall determine
the amounts of these expenses.
1. Where there is a sole arbitrator, the
amounts of arbitrator's fee set out in the article above shall be
subject to a cut of 1/3.
2. If a settlement is reached between the
parties in the first meeting, half of the arbitrator's fee shall be
Neither the arbitrators nor the Tunis Center
for conciliation and Arbitration shall assume any responsibility of
any act or omission in connection with the arbitration, save the
error is serious and deliberate.