Arbitration in the era of (digital) change

Participants focus on a presentation during the workshop on arbitration in Tunisia held on 25th and 26th February 2023.
Participants focus on a presentation during the workshop on arbitration in Tunisia held on 25th and 26th February 2023.
Tunisia

A workshop for legal practitioners was held in Tunis on 25th and 26th February organised by the IRZ and the Research Centre for Dispute Resolution and Enforcement Methods at the Faculty of Law and Political Science at the University of Tunis El Manar (ReLèVe) on the occasion of the 30th anniversary of the Arbitration Code in Tunisia.

Arbitration for a more efficient legal system

The hybrid workshop was aimed at representatives of the respective institutions, stakeholders in the judiciary, law firms and the legal departments of Tunisian companies. The workshop was a summary of the situation regarding arbitration in Tunisia and Germany which formed the basis of these additional exchanges. Furthermore, the workshop explored topics such as the modernisation and digitisation of arbitration to achieve more efficient case law to bolster the process of reform in Tunisia. Arbitration is of particular importance in the Tunisian judiciary, as it contributes to ease the load and improve the efficiency of the judiciary as an alternative method of dispute resolution.

Challenges and opportunities

Professor Emeritus Mohamed Kamel Charfeddine gave an introductory lecture on the first day of the two-day event, followed by Attorney General Imed Derouiche and his thoughts on how to amend the Arbitration Code in Tunisia. Attorney Dr. Wolfgang Gruber, LL.M. then commented on the situation regarding arbitration in Germany and its development in recent years and decades. Attorney Dr. Rüdiger Morbach also presented his practical experiences on the topic “From electronic arbitration to a digital judiciary”.

On the second day, participants explored the structure of arbitration in Tunisia during a talk by Professor Noureddine Gara. Judge Asma Hasan made suggestions for potential changes. Dr. Rüdiger Morbach spoke about the state actors in arbitration, which then led to the issue of arbitration in terms of justice presented by Mr. Issam Yahyaoui from the District Court of Tunis. Dr. Nader Zaghal from the Faculty of Law at the University of Sfax led the workshop to study the challenges and opportunities in the Tunisian Arbitration Code.

The hybrid event also attracted a number of online attendees, with approx. 15 interested persons in addition to the 60 participants on site. Further events on the topic of alternative dispute resolution will be held in Tunisia in the future.

Conference to optimize the length of trials and proceedings and increase the efficiency of the judiciary

Participants in the conference to optimise the length of trials and proceedings and increase the efficiency of the judiciary, held on 26 October 2022 in Tunis
Participants in the conference to optimise the length of trials and proceedings and increase the efficiency of the judiciary, held on 26 October 2022 in Tunis
Tunisia

IRZ organised a conference on 26 October 2022 in Tunis on the topic: “Efficiency of the judiciary: optimizing the length of trials and proceedings” in collaboration with the Tunisian Ministry of Justice and the research centre “Centre d'etudes juridiques et judiciaires” (CEJJ).

The event was opened by the German ambassador, Mr. Peter Prügel, the director of the CEJJ, Mr. Mounir Ferchichi, the head of cabinet at the Tunisian Ministry of Justice, Mr. Kamel Eddine Ben Hsan, and the head of the Africa section at IRZ, Mr. Mohamed Montasser Abidi. Mr. Christian Schmitz-Justen, Vice President of the Cologne Higher Regional Court, contributed the German expertise and experience.

The first part of the conference focused on the theoretical framework of the length of trials and its importance of such for the efficiency of the judiciary and the associated challenges. Participants also discussed various instruments and mechanisms that can be used to optimise the length of the trial. The second part of the conference allowed the 70 participants to exchange ideas and extend their knowledge in five workshops on the following five areas of law:

  1. Optimisation of the duration of litigation in civil law
  1. Optimisation of the duration of trials in criminal law
  1. Optimisation of the duration of trials in commercial and tax law
  1. Optimisation of the duration of trials in social law
  1. Optimisation of trials in real estate law

The topic of the “optimisation of the duration of trials” is one of the most important focal points of the work of the Tunisian Ministry of Justice, which aims to increase the efficiency of the judiciary. IRZ is therefore planning further in-depth events on this topic in 2023.

The conference took place within the framework of the joint work program for 2022 concluded between the Federal Ministry of Justice and the Ministry of Justice of the Republic of Tunisia.

Advisory seminar on the reintroduction of a specialist degree in legislation

Participants of the seminar for the elaboration of a new course of studies in legistics on November 28-29, 2022 in Tunisia.
Participants of the seminar for the elaboration of a new course of studies in legistics on November 28-29, 2022 in Tunisia.
Tunisia

IRZ and the law faculty of El Manar University in Tunis, organised a seminar to develop a new course in legislation on 28-29 November 2022. The event was the launch event for a large-scale project to modernise the judiciary sector in Tunisia, funded by the Federal Foreign Office as part of the Ta'ziz partnership.

The IRZ expert was Prof Dr Hans Hofmann, who teaches a module on legislation theory at the Humboldt University in Berlin and also has many years of experience in the field of legislation through his work in the German Federal Ministry of the Interior and in the Federal Chancellery. Mr. Khaireddine Ben Soltan, the former head of the Tunisian government's legislative department represented Tunisia.

Approx. 30 lecturers from the law faculty of the University of El Manar attended the seminar, who will also design the new course and ultimately also teach the course. The advisory seminar was the first of four planned seminars and advisory sessions aimed at the full development, design and preparation of a degree course in legislation.

The following topics were explored at the seminar, and provoked some lively discussions:

  • Need to introduce a course of study in legislation
  • Law-making and legislation in Tunisia
  • Legislative procedures, methodical approach and legal impact assessment in Germany and Tunisia
  • Tools to implement to create good and transparent laws
  • Legal and linguistic review of draft legislation
  • Regulatory control and the role of the Regulatory Control Council in Germany
  • Role of the legislative department of the Tunisian government and the final control of legal texts

The young experts trained through the new course are urgently needed in both the Tunisian administration and the government to be able to guarantee good and effective legislation.