Decision makers. What evolution do you see in the context of dispute resolution?
Walid Ben Amor. In recent years, the use of arbitration has become widespread. Following our recommendations, our clients, especially foreign investors, see in arbitration as a guarantee of confidentiality, impartiality and speed in resolving their disputes. The appeal to arbitration AD hoc or has taken place institutionally in the settlement of disputes, in particular through the insertion of the arbitration clause in the drafting of contracts, and somewhat less through the arbitration agreement after the occurrence of conflicts.
However, institutional arbitration has taken the lead in international arbitration, as is the case with the arbitration of ICC, CMAP, UNCITRAL, etc. Among these international institutions, there are those that stand out for their competence and professionalism, and above all for a very low annulment rate of the award. For example, the CCI offers much stronger guarantees with a reduced rate of just 1% or 2%. This reliability and durability of the decision is essential and further ensures the use of this alternative to private dispute resolution.
How does this affect the practice of the company?
WBA To cope with the increase in the number of cases in this area, we have deployed a dedicated team of five people, led by a department head who is a specialist in this area.
The “Arbitration” department adopts specific working methods, intended to meet the joint strategy with clients, to avoid disputes, as appropriate, and provide the details of the arbitration clause, deal with the most appropriate negotiated solutions when from the mediation stage, anticipating and managing the developments in the process and optimizing the chances of success.
The intervention of the “arbitration” department works mainly in the field of contract law in the pre-contractual and contractual phase, company law and disputes between shareholders, real estate law and construction and urban planning disputes, international law and disputes on the performance of obligations , etc.
The department strives to provide better service to our clients by ensuring strategies, follow-up and dynamic and combative intervention, both in the drafting and closing phases of memoranda and the pleading, or even the post-judgment appeal phase.
The company is also at the forefront of personal data protection…
Imen Enneifar. This is indeed a subject that is very close to my heart and that is emerging on the African continent. Tunisia has enacted a significant body of legislation on this subject, with the 2014 Constitution expressly protecting personal data. As a major trading partner of the European Union, this provides an important framework for our customers, whether they be Tunisians or foreign investors. The number of cases at the National Institute for the Protection of Personal Data (INPDP) has therefore increased considerably in recent years, as companies are becoming aware of the risk of sanctions. On the other hand, if the law has important legal implications, it is limited by the lack of follow-up by the competent courts, which thus, to our knowledge, have not issued any criminal sanction in the context of complaints. This issue of personal data protection will nevertheless increase in importance and become increasingly transversal. That is why, in the long term, we want to have IT teams in every department of the company to provide the best possible support for our customers in this new discipline.
What is the outlook for ATR?
WBA We have shown a lot of resilience during the health crisis. While other companies have reduced their workforce, we have recruited new employees despite the difficult economic climate. This has made us stronger and we are confident that we will be winners by continuing to move forward.
Interview by Antoine Morlighem