Qatar’s arbitration framework has been substantially modernized in recent years, aligning it with international standards. The key pieces of legislation governing arbitration in Qatar are:
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Qatar Arbitration Law (Law No. 2 of 2017): This law is based on the UNCITRAL Model Law on International Commercial Arbitration and represents a significant improvement in the arbitration landscape of Qatar. It governs both domestic and international arbitration and provides the procedural framework for arbitration proceedings in Qatar. The law emphasizes party autonomy and aims to facilitate efficient and fair arbitration proceedings.
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New York Convention (1958): Qatar is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, ensuring that arbitral awards rendered in Qatar can be recognized and enforced internationally. This is critical for the enforcement of foreign arbitration awards within Qatar.
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Other International Treaties: Qatar is a member of several other international arbitration treaties, including the International Centre for Settlement of Investment Disputes (ICSID). These treaties enhance Qatar's ability to handle arbitration cases involving international investors and commercial entities.
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Key Arbitration Institutions in Qatar
Under Qatar law, Emiri Decision number (5/8) of 2006 established the Qatar International Centre for Arbitration (the "QICA") within the Qatar Chamber of Commerce and Industry as an optional forum for commercial arbitration in Qatar. Under this Emiri Decision, the QICA Regulations (the "QICA Rules") were issued as a set of arbitration rules to be used by parties who choose the QICA as the forum of their arbitration.
Qatar is a Contracting State to the New York Convention:
• Date of Accession: 30 December 2002
• Entry into Force: 30 March 2003
Qatar is a Contracting State to the ICSID Convention:
• Signature: 30 September 2010
• Deposit of Ratification: 21 December 2010
• Entry into Force: 20 January 2011
Enforcing arbitral awards in Qatar is relatively straightforward due to the country’s adherence to the New York Convention. Qatari courts handle the enforcement of domestic arbitration awards, which have a strong track record of upholding the principle of finality in arbitration. Foreign arbitral awards can also be enforced in Qatar as long as they comply with the New York Convention’s requirements.
To enforce an arbitral award, parties must file an application with the relevant Qatari court. The court will review the award for procedural compliance before granting enforcement. Grounds for refusing enforcement are limited, focusing on procedural fairness or public policy issues.
Conclusion
Arbitration in Qatar is evolving rapidly, with a solid legal framework supported by well-established institutions like QICCA and the QICDRC. The adoption of the UNCITRAL Model Law in Law No. 2 of 2017 has brought Qatari arbitration practices in line with international standards, making the country a favorable venue for both domestic and international arbitration. While challenges such as costs and the exception of public policy remain, Qatar is well-positioned to continue growing as a leading arbitration hub in the Middle East.