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Enforcement of foreign judgements in Tunisia
The judgments and decisions pronounced by foreign courts are covered by the exequatur when they meet certain determined conditions in order to ensure the application of all the general principles such
As the benefit of the parties of the rights of the defense. and the non-infringement of international private public order Tunisia.
Exequatur is not granted to foreign judicial decisions if:
The subject of the dispute falls within the exclusive jurisdiction of the Tunisian courts.
The Tunisian courts have already rendered a decision that cannot be appealed through ordinary channels on the same subject, between the same parties and for the same cause.
The foreign decision is contrary to public order within the meaning of Tunisian private international law, or was rendered following a procedure which did not preserve the rights of the defense.
The foreign judgment has been annulled, or its execution suspended in accordance with the law of the country where it was rendered, or is not yet enforceable in the country where it was rendered.
The State where the judgment or decision was rendered has not respected the rule of reciprocity.
Exequatur is only granted to foreign arbitral awards under the conditions provided for in Article 81 of the Arbitration Code.
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