Ferchiou & associés

With over 30 years of experience in providing legal counsel and assistance, Ferchiou & Associés is recognized as a leading firm in Tunisia. The firm has been consistently involved in the country’s high-profile projects, whether in terms of investment or complexity and is well known for its negotiation skills. Clients range from international corporations and investors seeking to develop a business activity on the Tunisian market to active local groups seeking assistance in relation to their project development on the Tunisian market as well as overseas.

Noureddine Ferchiou, founder and managing partner, has over 30 years of governmental and institutional expertise with exceptional professional knowledge of the country’s challenges and ongoing business and legal opportunities.

Omar and Rym Ferchiou were both made partner in 2018.

Omar advises local and international companies on the legal aspects of their investments and projects in Tunisia and specializes in mergers and acquisitions, banking and finance, oil and gas, renewable energies, IT and telecommunications.

Rym heads the corporate department and provides assistance on all aspects of business law, focusing on mergers and acquisitions and corporate reorganization. She has also developed extensive expertise in other fields such as banking and finance, foreign exchange, tax, stock exchange and competition law.

With partners ranging from different backgrounds and holding a variety of expertise, clients draw upon the skills of the country’s most connected, respected and integrated law firm.

Transactional highlights
Mergers and acquisitions: Recent transactional highlights:

• Legal assistance to Orange in relation to a merger control notification with the Tunisian authorities regarding the acquisition by a consortium of investors of Orange Concessions.
• Legal counsel to Britus Education in relation to the acquisition of a majority stake in a local school.
• Legal assistance to the group Italcostar in relation to its acquisition of the company, Renomoteurs.
• Legal assistance to Sotualem and shareholders in the frame of the company’s acquisition by major Finnish company specialising in elevators, escalators and automatic, Koné.
• Legal counsel, in terms of merger control, to Volkswagen AG for the creation of a Joint-Venture with Ford Motors Company dedicated to the development of autonomous vehicles.
• Legal counsel, in terms of merger control, to Peugeot SA for the merger and combination of its respective business with Fiat Chrysler Automobiles.

Banking and finance: Recent transactional highlights:

• Local counsel for the European Bank for Reconstruction and Development (EBRD) in relation to a loan of up to EUR 10 million to Land’Or SA, a Tunisian company listed on the Tunis Stock Exchange and specialized in cheese production.
• Legal advisor to European Bank for Reconstruction and Development (EBRD) in relation to an unsecured loan of up to EUR 5 million granted Arab Tunisian Lease (ATL).
• Legal assistance to the Arab Bank in connection with a term loan agreement of USD 50 million granted to the Société Tunisienne des Industries de Raffinage (STIR).
• Legal assistance to the European Bank for Reconstruction and Development (EBRD) for a senior unsecured loan of up to EUR 5 million granted in two tranches to Compagnie Internationale de Leasing. (CIL).

Litigation: The firm is a leading firm in the litigation sector, offering its services to a wide variety of clients, ranging from legal entities and private individuals in civil, commercial and criminal litigation. It also offers its services in arbitration and dispute resolution. Recent transactional highlights:

• Legal assistance and representation of PSA and Citroen Automobiles in relation to litigation before the Competition Council in respect of anti-competition practices (allegations of economic dependence – abuse of dominant position – merger).
• Legal assistance of Air Liquide Tunisie in relation to the investigative process conducted by the Competition Council regarding the pricing of industrial gases.
• Legal counsel to Thomas Cook in relation to its wind-up process.
• Legal counsel to the Emirates group Bukhatir in relation to its investment agreement concluded with the Tunisian State.
• Defending the Libyan Foreign Bank (LFB) in a commercial litigation relating to a documentary credit valued at US$ 250,000,000.

Energy and renewable energies: Ferchiou & Associés is a market leader in the energy industry offering its expertise in relation to renewable energies projects, it also assists its clients in relation to transfer of oil and gas assets, due diligence and regulatory compliance. Recent transactional highlights:

• Legal advisor of the Tunisian Ministry of Energy in relation with the preparation of the new code of renewable energy.
• Legal advisor of the Ministry of energy in relation with preparation of a study to provide a diagnostic study of the land component relating to projects for the production of electricity from renewable energies and the proposal of solutions to promote said projects.
• Legal advisor to lenders financing the renewable energy project performed by Scatec and the consortium Engie/Nareva in Tunisia under the concession regime.
• Legal advisor to the Consortium formed between the “Tunisian Oil Activities Company” ETAP and Eni Italy for the realization of a 10 MW photovoltaic power plant in the Tataouine region under the authorization scheme.

Retail and commercial real estate: Recent transactional highlights:

• Legal assistance to Indigo Property S.A in the review and negotiation of contractual documents for the establishment of Joint Ventures dedicated to the development of urban high standing malls in various regions of the country.

Hospitality: The firm has been involved in the assistance of hotel operators, constructors and owners in relation to their business development in Tunisia. Clients included brands and franchisors (Hilton, Mövenpick, Radisson, Marriott…).