Comparative Guides

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4. Results: Answers
Oil & Gas
10.
Disputes
10.1
In which forums are oil and gas disputes typically heard in your jurisdiction?
Tunisia

Answer ... Article 21 of the Hydrocarbons Code and most of the conventions related to exploration permits provide that disputes must be settled through international arbitration, through either the International Chamber of Commerce, the International Centre for Settlement of Investment Disputes or ad hoc arbitration.

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
10.2
What issues do such disputes typically involve? How are they typically resolved?
Tunisia

Answer ... Disputes in the oil and gas sector involve issues such as the following:

  • shareholder/joint venture disputes;
  • abusive termination of contracts;
  • court/arbitration disputes between oil and gas companies and subcontractors;
  • maritime disputes;
  • tax disputes between the titleholder and the granting authority (eg, Lundin v Tunisian Republic – ICSID Case ARB/12/30);
  • expiry of concessions and breach of priority rights or pre-emption rights;
  • rejection by the Consultative Committee of Hydrocarbons of the financial or technical capacity of an applicant to a hydrocarbon title;
  • surface tax;
  • environmental issues (gas flaring);
  • compensatory indemnity issues in case of non-compliance with minimum work obligations and payment of guarantees to the granting authority;
  • labour disputes, illegal strikes, illegal blockage of oil and gas valve stations and production sites;
  • real estate issues;
  • criminal proceedings (eg, damages to equipment); and
  • social security, tax and insurance issues.

Many disputes are settled amicably, while others are settled through arbitration.

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
10.3
Have there been any recent cases of note?
Tunisia

Answer ... No data is available on this.

For more information about this answer please contact: Samir Abdelly from Abdelly & Associates
Contributors
Topic
Oil & Gas