This article was featured in Jus Mundi‘s 2025 Arbitration Year in Review, an annual publication analyzing arbitration developments across 40+ jurisdictions on 6 continents. This edition brings together young practitioners and senior experts to capture the year’s most significant legislative reforms, enforcement trends, and institutional innovations.
THE AUTHOR:
Sana Belaid, Arbitrator & Mediator, Belaid Arbitration & ADR Advisory
Tunisia’s Arbitration Code (Law No. 93-42 dated April 26, 1993) and its Code of Private International Law (Law No. 97-98 dated November 27, 1998) provide a progressive legal framework, which the national courts have continued to develop through consistent case law in support of international arbitration. Tunisia has not undertaken any significant regulatory or legislative reforms in this area in recent years.
The country is currently involved in, or impacted by, several ongoing arbitration proceedings (1) while the national legal and expert community is intensifying its efforts to promote international arbitration (2).
Arbitration Proceedings
ICSID Cases Involving Tunisia
The case was brought on 7 June 2023, under the UK-Tunisia BIT (1989) in an oil and gas dispute. The Tribunal issued several procedural orders (“PO”) between January 2024 and November 2025, including decisions on interim measures and on admission of said “ICC-1”, Ecume v. ETAP award. PO No. 7 was particularly commented, as the Tribunal refused to order Tunisia to suspend related criminal proceedings before national courts against one of the claimants. The Tribunal determined indeed that the criminal case did not affect the arbitration.
This case arises out of Tunisia’s termination of a series of onshore oil exploration and production concessions in Ezzarib & El Bibane regions held by Zenith’s local subsidiaries. Zenith alleges that Tunisian authorities unlawfully terminated or refused to renew the operating concessions. Zenith also sustains that Tunisia’s initiation of criminal investigations against Zenith executives over alleged irregularities in the concession transfers was retaliatory and intended to pressure the company.
The case was brought on 23 December 2024, under the Italy-Tunisia BIT (1985) in a mining dispute. The claim started being publicly discussed in January 2025.
The case involves an Italian industrial minerals company whose activities focused on the extraction and export of high-quality silica sand from Tunisia. The dispute reportedly concerns Tunisia’s alleged regulatory actions which, according to the claimant, interfered with contractually acquired mining rights, and blocked its ability to extract and export silica sand. The case appears to have been suspended in 2025, possibly due to settlement discussions.
ABCI Investments v.Tunisia (ICSID Case No. ARB/04/12)
We are referencing this case, brought in April 2004, as it effectively ended in late 2024. Two decades of proceedings involved an award dated 23 December 2023, parallel actions and subsequent annulment attempts. Tunisia largely defeated the substantial multibillion-dollar claim. The Tunisia-Netherlands BIT (adopted on 11 May 1998, entered into force on 1 August 1999) was invoked, and the case concerned the control and management of Banque Franco-Tunisienne (“BFT”). ABCI alleged expropriation of its shareholding, denial of justice through Tunisian court proceedings, breaches of assurances allegedly given by state officials, and destruction of the commercial value of the investment. Tunisia, for its part, argued that misconduct, mismanagement, and regulatory failures necessitated state intervention.
The ICSID (International Centre for Settlement of Investment Disputes) Secretary-General issued an order in November 2024 taking note of the discontinuance of the proceeding pursuant to ICSID Administrative and Financial Regulation (2022) 16(2)(c).
ICC arbitrations involving or concerning Tunisia
The few details currently available on the below cases are based on news reports and media releases, as the ICC (International Chamber of Commerce) does not publish case reports.
The claim of Canadian North Africa Oil & Gas Ltd (“CNAOG”, a subsidiary of Zenith) is said to be based on an allegedly abusive termination by the state of Tunisia of the Sidi El Kilani (“SLK”) oil concession. The claimant also invoked alleged arbitrary measures. On 16 July 2025, CNAOG announced that the ICC tribunal had rejected the claim in its entirety (approx. USD 130 million) and that Tunisia prevailed. In September 2025, CNAOG/Zenith filed an annulment application before the Swiss Federal Supreme Court challenging the ICC-2 award, alleging serious procedural irregularities.
It is reported that this is a newly filed ICC case where the dispute is said to relate to the relinquishment of inherited upstream oil and gas concessions in the Mediterranean.
The Tunisian Community and the Promotion of International Arbitration
Several events were organized and well attended, reflecting the Tunisian arbitration community’s strong commitment to the promotion of arbitration.
Colloquium, 13 & 14 November 2025, Tunis
The Arbitration & ADR Commission of ICC Tunisia, in collaboration with the DRIMAN Scientific Laboratories of the Faculty of Law of Tunis and the REDI Laboratory (Faculty of Legal, Political and Social Sciences of Tunis), organized a colloquium entitled “For a Reform of the Arbitration Code”.
Meeting, ICC Paris Headquarters, 23 October 2025
The Arbitration and ADR Commission of ICC Tunisia conducted an extended working visit to the headquarters of the International Chamber of Commerce in Paris.
The purpose of the meeting was to gain deeper insight into the functioning of the ICC International Court of Arbitration, to enhance understanding of the criteria for the appointment of arbitrators and best practices in mediation, and to strengthen cooperation between ICC Tunisia and the ICC bodies.
ICC Tunisia Bulletin, July 2025
The Arbitration Commission of ICC Tunisia issued its first Bulletin. The Bulletin, published in both English and French, featuring scholarly articles of high academic value on international arbitration in Tunisia.
UNIDROIT Seminar, Tunis, 16 May 2025
ICC Tunisia in collaboration with Ifriqya Arbitration Forum and UNIDROIT – International Institute for the Unification of Private Law had the pleasure of organizing a seminar in Tunis on: “The UNIDROIT Principles and International Arbitration: an Emerging Framework for the Settlement of Disputes in the MENA Region.”
Cocktail Reception with Squire Patton Boggs & ICC Africa Commission, Tunis, 9 April 2025
In collaboration with ICC Arbitration Africa Commission and Squire Patton Boggs, Ifriqya Arbitration Forum co-hosted a high-level cocktail reception during the Paris Arbitration Week. This gathering served as a platform to celebrate and elevate African perspectives in international arbitration and connect key stakeholders in the arbitration community.
“Les Journées Maghrébines de l’Arbitrage et ADR” – Casablanca, Morocco, 11–12 December 2024
Ifriqya Arbitration Forum collaborated with ICC Arbitration and ICC Morocco to organize this major regional event. The conference focused on advancing arbitration and ADR practices within the Maghreb region, bringing together legal professionals and experts from across North Africa.
SOAS/IFRIQYA Arbitration Training – Tunis, 20–22 November 2023
In partnership with SOAS University of London, Ifriqya Arbitration Forum organized a specialized training on arbitration counsel practice. The event brought together arbitration experts, bankers, financial professionals, corporate counsel, judges, and lawyers for a comprehensive exchange of knowledge and best practices.
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ABOUT THE AUTHOR
Sana Belaid, Arbitrator & Mediator at Belaid Arbitration & ADR Advisory. Sana is an international arbitrator and mediator, with a proven track record in managing complex disputes and transactions across various legal systems and cultures. Sana has led significant negotiations and arbitration proceedings, particularly in Information and Communication Technologies, and Oil & Gas, as Senior Counsel for over 18 years at Cisco Systems in Dubai and as Senior Associate with two American law firms, Coudert Brothers and White & Case in Paris. Sana was member of the International Court of Arbitration of the ICC. As a thought leader, she has contributed to significant ICC reports and training programs and is currently member of the ICC Arbitration & ADR Commission and of the ICC Taskforce on the use of AI in international arbitration. Her expertise is further recognised through her accreditation as a CEDR Mediator and as a European Professional Privacy Officer. Sana is fluent in Arabic, English and French.
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