Tunisia oil and gas report - Freshfields

Stabilisation/equilibrium anddispute resolutionThe taxes, levies and duties for which E&Pcompanies are liable are fixed exhaustively,along with the other associated obligations,in the Hydrocarbons Code (Article 100 andfollowing). The principle of stability isfurther ensured by the Specific Agreementsentered into between the E&P companiesand the Tunisian state, in which theTunisian state guarantees the legalframework and commits never to submit thepermit holder or contractor, whetherdirectly or indirectly, to a legal regime thatis more restrictive than that governed by theSpecific Agreement and its attachments.The parties to a Specific Agreement, Contratd’Association and PSA are free to choose theirdispute resolution mechanisms, except thatthe applicable law and regulations must bethat of Tunisia. In practice, most of thoseagreements stipulate that:• any dispute between the parties shall besubject to arbitration in accordance withthe rules and procedures of theInternational Chamber of Commerce inforce at the date of the start of arbitrationproceedings;• the seat of the arbitration is to be Paris,France; and• the language of the arbitration is tobe French.freshfields.comFreshfields Bruckhaus Deringer llp is a limited liability partnership registered in England and Wales with registered number OC334789. It is authorised and regulated by the Solicitors RegulationAuthority. For regulatory information please refer to www.freshfields.com/support/legalnotice. Any reference to a partner means a member, or a consultant or employee with equivalent standing andqualifications, of Freshfields Bruckhaus Deringer llp or any of its affiliated firms or entities. This material is for general information only and is not intended to provide legal advice.© Freshfields Bruckhaus Deringer llp, March 2013, 35653