TUNISIA 2
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XV (1990)
Jurisdiction
Tunisia
Excerpt
Excerpt decision TUNISIA 2
Summary
Tunisia 2. Court of Appeal, Tunis, 1 February 1988 and Court of First Instance, Tunis, 17 October 1987
Related topics
105
"Persons, whether physical or legal" (paragraph 1) (including sovereign immunity)
The court discusses issues relating to the quality of the parties, as physical or legal persons against whom enforcement of an arbitral award is sought, including the incapacity of a State to enter into an arbitration agreement, and questions relating to sovereign immunity. For the related defenses to enforcement, see Art. V(1)(a).
505
Incapacity of party
518
Paragraph 2 - Distinction domestic-international public policy
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.