Without prejudice to the provision of special laws, the arbitrators must be appointed by name in the arbitration agreement or in a separate agreement. Arbitration article 190 in an arbitration agreement special arbitration deed, one may agree to arbitration in a. Article 3 every company incorporated in the state of qatar shall be qatari company, and the a headquarters thereof shall be based in however, this provision shall not dictate that the qatar. Please identify by title and date the principal laws and regulations governing i domestic and ii international arbitration in your state. Qatari conviction of arbitrators raises rule of law. The new law significantly changes the framework for arbitration in qatar, repealing the articles of the qatar civil procedure code which dealt with arbitration, and replacing them with a standalone. The new arbitration law was issued on 16 february 2017 and published in the official gazette on march 2017. First, all in force, amended and abrogated legisla. Qatar financial centre law 4 includes amendments made by law no. Qatar introduces new arbitration law a summary summary. The new law, which came into force 30 days after its publication in the official gazette on june 8, 2012, replaced the previous arbitration law issued by royal decree no. An overview of the draft arbitration law in qatar al.
Arbitration is the prevailing method for resolving disputes in major infrastructure projects in the state of qatar and, in particular, the contracts signed between international contractors and owners such as qatar rail, the airport, the national port, qatar petroleum and its subsidiaries, major developers eg, msheireb, lusail, etc and some of the public works authorities ashghal and. Arbitration agreement article 7 of the qatar arbitration law sets out the requirements for a valid arbitration agreement, namely. Qatar has threatened arbitration to end an air, land and sea blockade imposed against it by its middle eastern neighbours. The widespread use of arbitration in qatar as a dispute resolution.
Qatar international arbitration guide 2015 sefrioui law firm. Arbitration and member of the scientific council of the icc world business law institute, in addition to being member of the icc commission on arbitration and a member of the international council for commercial arbitration icca. The legislation governing arbitration in qatar is law 22017 promulgating the civil and commercial arbitration law the arbitration law. The qatar arbitration l aw will come into force 30 days after it was published in the official gazette on march 2017. The qatar international center for conciliation and arbitration has been established in 2006 by virtue of a resolution of the qatar chambers board of directors to create an efficient and swift mechanism to settle disputes between qatari enterprises or between national companies and their foreign counterparts. On 16 february 2017, qatar adopted a new arbitration law law no. The new qatar arbitration law law 2 of 2017 new arbitration law was issued on 16 february 2017. New arbitration law to make qatar investmentfriendly. The new arbitration law has not yet been published in the official gazette and implementing regulations are yet to be issued, but the new arbitration law will come into force 30 days after this occurs. Qatar legal is a reliable source that contributes in the dissemination of legislations and all legal information in qatar state. Adr in qatar a new law, a new regional seat of choice. As part of this scheme, the saudi authorities implemented several measures specifically designed to destroy beins investments in saudi arabia. New qatar arbitration law march 2017 hogan lovells.
Excerpt of the qatari code of civil and commercial. Qicca holds webinar on legal, technological challenges for. Arbitration of administrative contracts in qatar in light. It is modelled on the uncitral model law, albeit with some significant changes. On 12 april 2017, qatars new arbitration law the new law took effect. M34 and subsequently approved by the bureau of experts at the council of ministers in the kingdom of saudi arabia. Arbitration law has been compiled by the arbitration law followup research group below, which has been established within the secretariat of the office for promotion of justice system reform. Labour law state of qatar we, hamad bin khalifa aithani, the emir of the state of qatar, after perusal of the amended provisional constitution and in particular articles 23, 34 and 51 thereof and, labour law no. Qatar has a new arbitration law based on the uncitral model law that is intended to pave the way for greater foreign investment and ease of doing business and will apply to arbitrations already under way. The emir of qatar, sheikh tamim bin hamad al thani, issued law no 2 of 2017 on 16 february 2017 the new arbitration law.
The arbitration law adapts the states legal framework for arbitration to match its status as a growth engine in the region. The new arbitration law applies to all existing and new qatarseated. The qatar international centre for conciliation and arbitration qicca held a video conference seminar on saturday on current challenges for arbitration. Qatars arbitration laws seen to attract more investments. As set forth in this notice of arbitration, these measures include revoking beins legal right to operate in the jurisdiction, prohibiting the. This english translation may be cited, reproduced or reprinted as needed. Role of the qatari courts and regional considerations. Issuing the law of arbitration in civil and commercial matters. Arbitration law defines international to include where the parties have agreed upon an institution to administer their arbitrations which is based outside of the state of qatar.
International arbitration 2019 qatar global practice. With the chartered institute of arbitrators having invested in qatar earlier this year, and the icc having expanded its own qatari offering in 2016, mourre said the ruling would be hugely detrimental to qatar as an arbitration venue, and more generally for international arbitration in the entire region, adding that it is only to be hoped. Article 3 the provisions of the attached law of arbitration in civil and commercial matters shall apply to any ongoing arbitration at the time the law enters into force and to any arbitration commencing after the law enters into force. One of the major differences to an arbitration pursuant to the procedural laws of qatar and common law jurisdictions for example the uk is the requirement to have an arbitration deed as referred to at article 2071 which is often incorrectly taken to be the arbitration agreement. Qatars longawaited civil and commercial arbitration law, law no. There are no transitional provisions and arbitrations which had been commenced under the 1990 legislation and which are still underway, even if. Law no 11 of the year 1962 on the establishment of the commercial register system and its amending laws, and, law no. He has also been involved with some chamber of commerce committees for the drafting and amendments of various saudi commercial regulations, such as the commercial agency law, and the regulations. The new qatar arbitration law supersedes equivalent provisions in the qatar civil and commercial procedure code and significantly reforms qatar arbitration law.
On april 16, 2012, a new saudi arbitration law was issued by royal decree no. The new arbitration law will further supplement an investmentfriendly environment and facilitate business and trade in qatar, an official of the international chamber of commerce icc. The signing of the cooperation agreement comes after qatar in february enacted a new law modernizing the arab nations arbitration regime. Here, in a nutshell, are a few of the features that have led to the prominence of arbitration in the international arena. Qatars new arbitration law the arbitration law came into force on 12 april 2017. Al meezan qatari legal portal legislations and decrees. Although there is a shortage in literature regarding arbitration in qatar, several studies discussed issues related to arbitration in qatar and called for the adoption of a new separate arbitration law in qatar compatible with the uncitral one. This week will long be remembered as a milestone in the development of arbitration in qatar as the new qatar arbitration law in civil and commercial matters no. This would appear to mean that for example icc and lcia administered arbitrations would be deemed to be international even if they are seated in doha, both parties are based new qatar arbitration law 1 march 2017. It will soon be published in the official gazette and will come into force 30 days after publication. This is a longanticipated piece of legislation which operates to repeal the handful of articles 190 to 210 that had been contained within. The arbitration law expressly allows the competent court to refuse the enforcement of a foreign award on the basis that it was set aside or suspended at the seat of the arbitration. Excerpt of the qatari code of civil and commercial procedure.
The qatari cabinet at a meeting in june 2016 ordered taking necessary measures for the issuance of the draft law on international commercial arbitration in qatar, after having been briefed on the recommendation of the advisory council with respect to the draft law, issued in 2015. Qatars new arbitration law one small step for the emiri diwan. If it was agreed that arbitration be conducted in qatar, qatari law is necessarily applicable to the issues in dispute, unless the parties. Developments in qatars arbitration laws have contributed to the economic growth of the country, helping it become attractive to foreign investments, according to a senior official of the qatar international centre for conciliation and arbitration qicca. The qatari legislature has not adopted a special law on arbitration.
Under qatari law, parties may agree to refer a specific dispute, or all disputes, arising from their contract to. Hence, the parties may agree to the application of a procedural foreign law to an arbitration seated in qatar. Qatari legal portal almeezan is a comprehensive website that encompasses, inter alia. This new arbitration law comes at a time when qatar like other countries in the region is seeking to drive confidence in investment by providing a modern arbitration law based on international standards. We understand that the new law will come into force on april 2017. He added, this appointment comes at a very favorable timing as qatar has modernized recently its law on arbitration in 2017 and has encouraged the use of alternative means to resolve commercial disputes and raising trust and confidence in investment. New arbitration law in qatar analysis the qatar legal landscape has recently enjoyed a welcome development with the introduction of qatar law no. State of qatar chapter 12 the practitioners guide to. Sheikh thani appointed to the icc court of arbitration. The new law significantly reforms qatar arbitration law and clarifies a number of areas. Qatar international center for conciliation and arbitration. Excerpt of the qatari code of civil and commercial procedure chapter thirteen. Alshubaiki has worked with the riyadh chamber of commerce and industry from 1994 to 1997.
Mohamed bin ahmed bin jassim al thani minister of economy and commerce of the state of qatar. The new arbitration law in qatar insights dla piper. The draft law has adopted a definition for commercial arbitration which resembles the definition set out in the model law. The new arbitration law aims to align the countrys arbitration framework with international best practices, such as the uncitral model law on which it is based, and make qatar a leading player in the gulfs. Although the arbitration law is a positive step towards support of the arbitration process, there remains room for further development.
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