How does arbitration work in Qatar, and when does it apply?

What is arbitration, and which law governs it in Qatar?

Arbitration settles a dispute by agreement instead of in court (Article 1 of the Arbitration Law in Civil and Commercial Matters, issued by Law No. 2 of 2017). The law covers every arbitration held in Qatar, and international commercial arbitrations held abroad whose parties choose it (Article 2).

According to the 2016/17 annual report of the Qatar International Court and Dispute Resolution Centre (QICDRC), the law draws most of its rules from the UNCITRAL Model Law, as amended in 2006.

When does arbitration apply, and what cannot be arbitrated?

Arbitration applies only by agreement: a clause in the contract, or a separate agreement made before or after a dispute arises, covering some or all disputes (Article 7(1)). The law requires that:

• The agreement is in writing, or it is void. A signed document or an exchange of paper or electronic messages will do (Article 7(3)).
• A clear reference in the contract to a document containing an arbitration clause also counts (Article 7(5)).
• The clause survives the contract being void or ended, if the clause itself is valid (Article 16(1)).
• Anyone signing for another party needs a special power of attorney (Article 721 of the Civil Code, Law No. 22 of 2004).

If a party sues in court anyway, the court rules the claim inadmissible when the other side raises the agreement before any defence on the merits (Article 8). See also reviewing a contract before you sign.

Some disputes cannot be arbitrated, or need approval first:

• Matters that cannot be settled by compromise (Article 7(2)), such as personal status and public order, though financial rights arising from personal status or a crime can be settled (Civil Code Article 575).
• Disputes that another law keeps out of arbitration or subjects to different rules (Article 2 of the issuing law).
• Administrative contract disputes, unless the Prime Minister or his delegate approves (Article 2(2)).
• Non-Qatari investors may agree to arbitration, except in labour disputes (Article 16 of Law No. 1 of 2019).

Who runs arbitrations in Qatar: QICCA or the QFC?

A case may be run by an institution or by the parties and arbitrators alone, under any institution's rules in Qatar or abroad (Article 19(1)).

The Qatar International Center for Conciliation and Arbitration (QICCA) was set up in 2006 by the Board of the Qatar Chamber of Commerce and Industry, and administers arbitration, conciliation and mediation. Its rules apply where the parties agreed to arbitrate under them or before the Qatar Chamber (Article 3 of its rules). Under its 2024 Arbitration Rules, adopted on 15 September 2024:

• The case starts when the Center receives the Notice of Arbitration with the registration fee (Article 5).
• The respondent answers within 30 days (Article 6).
• Without agreement on the number, there are three arbitrators, though the Center may appoint a sole arbitrator at a party's request (Article 11).
• The final award is due within six months of the file reaching the tribunal, unless the parties agree otherwise or the Center extends it (Article 22).
• Expedited procedures apply to disputes worth up to QAR 1 million, or by agreement, with the award due within 90 days (Articles 43 and 49).

Court support comes from the "competent court": the Court of Appeal's civil and commercial arbitration disputes circuit or, if the parties agree, the QFC Civil and Commercial Court's First Instance Circuit (Article 1). The QICDRC advises naming the QFC Court expressly if that is the choice.

An arbitration seated in the Qatar Financial Centre follows its own regime, the QFC Arbitration Regulations 2005 as amended in 2024, and the State's arbitration laws do not apply there as far as the QFC Law allows (Articles 2 and 6). Setting aside such an award is for the QFC Court alone, within 90 days of receiving it (Article 41).

How does an arbitration run, step by step?

Unless the parties or the institution's rules say otherwise, the Arbitration Law sets this sequence:

1. 1

   The case starts when the respondent receives the request for arbitration (Article 21).

2. 2

   The tribunal has one arbitrator or another odd number, and three if the parties have not agreed (Article 10).

3. 3

   Each side files its written case on the timetable agreed or set by the tribunal, and the tribunal holds hearings unless it decides on documents alone (Articles 23 and 24). The tribunal or the competent judge can order interim measures (Articles 9 and 17).

4. 4

   The award is written, signed and reasoned, and each party receives a signed copy (Article 31).

How can an award be challenged or enforced?

The only challenge is an annulment claim before the competent court, within one month of receiving or being notified of the award (Article 33). The applicant must prove one of these grounds:

• A party lacked capacity, or the agreement is invalid.
• The applicant was not properly notified of an appointment or the proceedings, or could not present its case.
• The award goes beyond the agreement. If that part can be separated, only it is annulled.
• The tribunal's formation or procedure breached the parties' agreement or the law.

The court also annuls on its own initiative for non-arbitrability or a breach of public order, and its judgment is final (Article 33).

An award is binding and enforceable whatever country it was made in (Article 34). The request goes in writing to the enforcement judge, or the QFC Court's enforcement judge if agreed, with the arbitration agreement, the award or a signed copy, and a certified Arabic translation (Articles 1 and 34). Awards are enforceable instruments for the Enforcement Court (Articles 3 and 6 of Judicial Enforcement Law No. 4 of 2024).

• No request is accepted before the annulment period ends (Article 34(3); Judicial Enforcement Law Article 17).
• Refusal is limited to grounds close to those for annulment, such as an award set aside or suspended where it was made, or a breach of public order (Article 35).
• Qatar joined the 1958 New York Convention on foreign arbitral awards by Decree No. 29 of 2003. Foreign court judgments follow a different route: see enforcing foreign judgments.

Arbitration or court: what is the difference?

Neither route suits every dispute. The main differences:

When should you speak to a lawyer?

Advice helps most before signing the clause or at a dispute's first step, as some time limits are short. Signs it is worth asking:

• You are about to sign an arbitration clause and are unsure of its seat, rules or competent court.
• You have received a Notice of Arbitration and need to know the deadline to respond.
• You have been sued in court despite an arbitration clause, and must object before defending on the merits.
• You hold, or face, an award from Qatar or abroad and need the annulment deadline or the enforcement route.
• You need urgent protection before the tribunal is formed, such as preserving assets or evidence.

Questions people ask