Lawyer for Commercial and Financial Litigation in Tunisia
An unpaid invoice, a broken contract, a conflict between partners, or a foreign judgment to enforce in Tunisia: the longer a business waits, the more it risks losing evidence, a guarantee, or a course of action. The initial analysis must distinguish legal urgency from the economic objective.
Ben Hemden Law Firm represents companies, executives, shareholders and investors in commercial and financial disputes in Tunisia. Its work may begin with review of the contract and correspondence, continue through negotiation and, where settlement is not achieved, extend to proceedings before the competent courts or arbitral tribunal.
The strategy is built around a practical question: which step offers a useful prospect when the evidence, cost, timeframe, the other party’s solvency and the commercial relationship are considered together? A favourable judgment has economic value only if it meets the client’s objective and can be enforced.
When should you consult quickly?
Certain signals warrant immediate analysis:
- a substantial payment remains overdue;
- a partner announces it will no longer perform the contract;
- a formal notice or summons imposes a response deadline;
- a partner is persistently blocking corporate decisions;
- a bank guarantee or security interest is being called upon;
- assets risk being moved or made unavailable;
- collective insolvency proceedings threaten the chances of recovery.
The goal is not to systematically initiate litigation, but to preserve options before a deadline expires or evidence disappears.
Disputes between partners and shareholders
Conflicts may concern management, access to information, profits, agreements concluded with the director, share transfers, or the exclusion of a partner. Prolonged deadlock can paralyze the business and diminish its value.
The firm analyses the articles of association, shareholders’ agreements, minutes, and contested decisions. Depending on the case, it initiates negotiation, requests the disclosure of documents, challenges a corporate decision, or brings the matter before the competent court to protect the partner’s or the company’s rights.
Collection of commercial debts
Debt collection begins with verifying the claim: contract, purchase orders, invoices, deliveries, acknowledgments, deadlines, and any objections raised by the debtor. A precise formal notice can open negotiations or prepare for judicial action.
The procedure depends on the available evidence or enforceable instrument, the amount, the debtor’s solvency and any security. The firm agrees the appropriate course with the client, seeks any necessary protective measures and handles enforcement where it falls within the engagement.
When the debtor or its assets are located abroad, jurisdiction rules and decision recognition must be examined with a professional in the country concerned.
Exequatur of a foreign civil or commercial judgment in Tunisia
A decision rendered abroad does not, by its mere presentation, allow for an immediate seizure or other enforcement measure in Tunisia. When a creditor wants to enforce a foreign civil or commercial award on Tunisian territory, they must in principle obtain the exequatur provided for by Tunisian private international law.
The analysis notably covers:
- any exclusive jurisdiction of Tunisian courts;
- the existence of a final Tunisian decision on the same subject, between the same parties, and for the same cause;
- compliance with Tunisian international public policy;
- respect for rights of defence in the foreign proceedings;
- the enforceable nature of the decision in its country of origin;
- the absence of annulment or suspension, and the reciprocity condition provided by the text.
The application is filed with the Court of First Instance for the domicile of the party against whom the decision is relied upon. If that party has no domicile in Tunisia, the Tunis Court of First Instance has jurisdiction. The supporting documents include, in particular, an authentic copy of the decision and an Arabic translation.
Exequatur should not be confused with recording an event in the civil-status register. The distinction is particularly important where a foreign divorce judgment also contains financial awards or measures concerning children.
Banking litigation and guarantees
A banking dispute may concern performance of a credit facility, calculation of a debt, enforcement of a guarantee, transactions on an account or other contractual obligations. These matters require the agreements, statements and transactions actually carried out to be considered together.
The firm verifies the legal basis of claims, formulates useful objections, and represents the client in negotiations or before the competent authority. A financial or accounting expert assessment may be requested when the calculation of amounts is a central issue.
Wrongful or abusive termination of a business relationship
The end of a contract or business relationship must be assessed in light of agreed clauses, the parties’ conduct, the duration of the relationship, and the circumstances of the termination. The absence of a written agreement does not necessarily exclude proof of commitments or an ongoing relationship, but it makes establishing the facts more demanding.
The firm examines the termination conditions, any breaches, and the alleged harm. It advises the company considering ending the relationship as well as one contesting the termination.
Unfair competition, trademarks, and diversion of clientele
Unauthorised use of a sign, confusion created among customers, disparagement, or the appropriation of confidential information may justify urgent measures. It is necessary to identify the rights invoked, preserve evidence, and determine the jurisdiction and appropriate measures.
Where the legal conditions are met, the firm takes the steps needed to stop the conduct and claim compensation. Technical intellectual-property issues may require coordination with a suitably qualified specialist or expert.
Businesses in difficulty and collective insolvency proceedings
Where a business is in financial difficulty, timing is critical. Management must consider procedures that may allow the business to continue or be restructured, while creditors must declare and preserve their rights within the applicable deadlines.
The firm assists the director or creditor in proceedings relevant to their situation. When management acts may carry criminal implications, the analysis is coordinated with our intervention in that area.
Negotiation, judicial proceedings, or arbitration
The amicable route remains possible as long as the parties agree to negotiate. Arbitration, on the other hand, requires a valid arbitration agreement. Failing that, the dispute falls under the commercial chambers or other competent court divisions, depending on the matter and the parties.
The choice depends on urgency, evidence, the opposing party’s solvency, available guarantees, and the client’s economic objective.
File to prepare for the initial analysis
Gather, without altering the original files:
- the contract, its appendices, and any guarantees;
- purchase orders, invoices, deliveries, and proof of payment;
- formal notices, replies, and significant correspondence;
- a chronology with amounts and deadlines;
- any summons, decision, or measure already received;
- lawfully available information on the debtor and its assets.
The firm can then identify missing evidence, deadlines to preserve, and amicable, protective, judicial, or arbitral options to explore.
Frequently asked questions
What is the first step when facing an unpaid invoice?
The documents must be verified, a statement of account established, and an appropriate formal notice sent. The judicial procedure is then chosen depending on the response and the available title.
Can I immediately terminate an unperformed contract?
The answer depends on the contractual terms, the seriousness of the breach and any required notice or procedure. Premature termination may itself create liability.
What can be done when a partner is blocking all decisions?
The articles of association, majorities, information held, and the origin of the deadlock must be examined. Negotiation, a provisional measure, or an action on the merits may be considered depending on the situation.
Must a commercial dispute go through court?
No. The parties can negotiate or reach an agreement. Arbitration is possible when a valid agreement provides for it or when the parties accept it in accordance with applicable law.
Can a judgment be enforced immediately?
Enforcement depends on the nature of the decision, its enforceable character, its notification, and any avenues of appeal or suspension measures. A foreign judgment must in principle obtain exequatur before any enforcement measure in Tunisia.
Have the dispute assessed before it limits your options
Send the contract, correspondence, amounts involved and known deadlines. The firm confirms whether it can act and assesses urgency, evidence and available courses of action. The proposal then identifies the negotiation, protective, court, arbitral or enforcement stage covered by the engagement.
Legal references: Code of Obligations and Contracts, as amended and supplemented; Commercial Companies Code, as amended and supplemented; Arbitration Code; Code of Private International Law, notably Articles 11 to 18; Law no. 2016-36 of 29 April 2016 on collective proceedings.
Notice: this page provides general information and is not tailored legal advice. Contacting the firm does not, by itself, create a lawyer–client relationship or suspend any statutory, court or administrative deadline. Any engagement is subject to a conflict check and agreement on scope and fees. No outcome or procedural timeframe can be guaranteed.