Le secret du délibéré arbitral en droit tunisien - ASA Bulletin View Le secret du délibéré arbitral en droit tunisien by - ASA Bulletin Le secret du délibéré arbitral en droit tunisien 42 1

The principle of secrecy of deliberations is recognized and applied in judicial matters. In arbitration matters this principle does not find the same legislative recognition. The Tunisian arbitration code, unlike other comparative legislation, only refers to the civil procedure code, which creates vagueness regarding its legal value. Considering it as a fundamental rule of procedure would amount to making it a principle applicable in arbitral matters. The Tunisian judge had to rule on this question and deduced the non-binding nature of the rule in arbitration matters, consequently accepting some adjustments to the absolute prohibition which could have been deduced from it. In application of this reasoning, Tunisian courts had accepted the fact for arbitrators to issue a dissenting opinion, as well as the participation of persons other than the arbitrators in the arbitral proceedings. This article sheds light on the consideration of the principle of confidentiality of arbitration by Tunisian arbitration law and demonstrates the acceptance of certain adjustments to the rule of secrecy of deliberations by the Tunisian judge. Arrangement and interpretation having enshrined, among other things, the acceptance of dissenting opinions.

ASA Bulletin