Procedures
1959 code of civil and commercial procedure with a functioning arbitration regime
Civil and commercial litigation runs under the 1959 code through cantonal courts, courts of first instance, appeal courts and the Court of Cassation. The 1993 Arbitration Code governs domestic and international arbitration.
Key rules
- Jurisdiction — Cantonal courts for small claims, courts of first instance, appeal courts, Court of Cassation, plus the Tribunal Administratif for public law.
- Deadline — 20 days to appeal a judgment of a cantonal court; 30 days from a court of first instance
- Deadline — 30 days to petition the Court of Cassation
- Deadline — Arbitral awards: annulment within 30 days of notification
Governing law
- Code de Procédure Civile et Commerciale1959
- Arbitration Code, Law 1993-42
- Law 2002-82 on judicial organisation
In practice
The Tribunal Administratif is a single national administrative court rather than a hierarchy, which means administrative litigation is concentrated in Tunis and adds practical distance for claimants outside the capital. The 1993 Arbitration Code separates domestic arbitration from international arbitration and adopts Model Law principles for the latter, and Tunisia is a New York Convention party, so foreign awards are enforceable subject to public policy review. Enforcement of judgments runs through court-appointed huissiers and is generally effective against private parties. The judiciary's institutional position has been unsettled since the 2022 dissolution of the Supreme Judicial Council and the dismissal of judges by decree, which is a real factor in assessing predictability rather than a political aside.