1. The New York Convention
Is your state a party to theNew York Convention? Are there any noteworthy declarations or reservations?
Qatar acceded to the New York Convention on 30 December 2002. The Convention cameinto force on 15 March 2003 via Emiri Decree No. 29 of 2003. Noreservation was made under Article I(3).
2. Other treaties
Is your state a party to anyother bilateral or multilateral treaties regarding the recognition andenforcement of arbitral awards?
Qatar is also party to thefollowing international treaties:
Additionally, Qatar is party to69 bilateral treaties (32 of which are in force) and a further 12 treaties withinvestment provisions (seven of which are in force).
3 National law
Is there an arbitration act orequivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply toall arbitral proceedings with their seat in your jurisdiction?
Law No. 2 of 2017Promulgating the Civil and Commercial Arbitration Law – Issuing theLaw of Arbitration in Civil and Commercial Matters (Qatari Arbitration Law)governs arbitration proceedings in Qatar and is based on the UNCITRAL Model Lawon International Commercial Arbitration. The Qatari Arbitration Law applies toevery arbitration carried out inside the State of Qatar, or where parties to aninternational commercial arbitration taking place abroad decide to hold itsubject to the Qatari Arbitration Law. Articles 2(3) and 2(4) of the QatariArbitration Law stipulate when an arbitration is deemed ‘commercial’ and ‘international’.
Relevantly, Law No. 4 of 2024(Qatari Enforcement Law) came into effect in October 2024, which regulates theprocedures relating to the enforcement of arbitral awards. The QatariEnforcement Law only regulates the enforcement of arbitral awards and not theirannulment, and emphasizes that the enforcement of the arbitral award may not berefused, no matter which country it was issued in, unless one of the scenariosspecified in Article 35 of the Qatari Arbitration Law applies. The new QatariEnforcement Law simplifies and expedites the enforcement procedures of arbitralawards. The law treats arbitration awards as directly enforceable instruments,facilitating their enforcement without the need to file a separate lawsuit. Aparty with an award in its favour may submit a direct enforcement request tothe Enforcement Court.
There is also a secondaryjurisdiction in Qatar – namely, the Qatar Financial Centre (QFC) – with a common law judicial structure and procedures. TheQFC Arbitration Regulations (Regulation No 8 of 2005) apply where the seat ofarbitration is the QFC. To the fullest extent permitted by the QFC Law, thelaws, rules and regulations of the State of Qatar concerning arbitration do notapply in the QFC.
The QFC Authority publishedproposed amendments to the QFC Arbitration Regulations in June 2015; however,these proposed amendments have not yet been promulgated.
4 Arbitration bodies in yourjurisdiction
What arbitration bodiesrelevant to international arbitration are based within your jurisdiction? Dosuch bodies also act as appointing authorities?
The Qatar International Centrefor Conciliation and Arbitration (QICCA) is the only permanent arbitrationinstitution in Qatar. It administers arbitrations under the QICCA rules and theUNCITRAL Arbitration Rules, and has appointing authority under the latter. Inaddition, the Qatar International Court and Dispute Resolution Centre (QICDRC)(also known as the Qatar Financial Centre Civil and Commercial Court (QFCCourt)) and the Chartered Institute of Arbitrators (CIArb), both based in theQFC, also market arbitration under the QFC Arbitration Regulations and theCIArb Arbitration Rules respectively, though neither formally administersarbitrations in Qatar.
Notably, QICCA recently issuednew rules for Conciliation and Arbitration, effective from 1 January 2025, witha view to meet the latest international standards, trends and best practices inthe field of international arbitration. The new QICCA Rules have introduced – among other things – provisions concerningconsolidation of separate arbitration proceedings, joinder of additionalparties to the proceedings, emergency arbitrator procedures, and expeditedarbitration procedures.
5 Foreign institutions
Can foreign arbitral providers operate in yourjurisdiction?
Yes, parties in Qatar frequentlychoose arbitration under the International Chamber of Commerce (ICC) Rules.Other arbitral providers, such as the Singapore International ArbitrationCentre (SIAC) and the London Court of International Arbitration (LCIA) are alsobeginning to raise their profile locally too.
6 Courts
Is there a specialistarbitration court? Is the judiciary in your jurisdiction generally familiarwith, and supportive of, the law and practice of international arbitration?
The Competent Court – providing judicial assistance to support arbitrationproceedings and handling annulment and enforcement proceedings – is either the Civil and Commercial Arbitral DisputesCircuit in the Court of Appeals or the First InstanceCircuit of the QFC Court – as designated by the parties.Neither is a “specialist ” arbitrationcourt, as such. In arbitrations seated in the QFC, the QFC Court is theCompetent Court. In both forums, the authors consider that the judiciary hasstarted to become familiar with, and is broadly supportive of, internationalarbitration.
In a Note on Ruling dated 17March 2021, the First Instance Circuit of the QFC Court noted that parties arepermitted to choose the QFC Court as the “Competent Court” under the Qatari Arbitration Law. In the case of C v D , which was the casethat prompted QICDRC’s Note on Ruling, the arbitration clause provided that “the seat of the arbitration be the [QICDRC] in the QatarFinancial Centre, Qatar (QFC) and the venue of the arbitration shall be Qatar”. According to the Note on Ruling, the QICDRC ruled that “[a]s the court of the seat of the arbitration, and theCompetent Court under [the Qatari Arbitration Law], the Court was satisfiedthat it had jurisdiction”.
AGREEMENT TO ARBITRATE
7 Formalities
What, if any, requirementsmust be met if an arbitration agreement is to be valid and enforceable underthe law of your jurisdiction? Can an arbitration agreement cover futuredisputes?
An arbitration agreement is theagreement between the parties who have legal capacity to enter into suchagreement. An agreement to arbitrate may stand as an independent document or bein the form of an arbitration clause within an agreement. Under the QatariArbitration Law:
An reference in a contract to a document containing an arbitration clauseis regarded as an arbitration agreement, provided that such reference clearlyindicates that this clause is part of the contract.
Under the QFC ArbitrationRegulations, an arbitration agreement must be in writing and it is deemed so ifthe arbitration clause or arbitration terms and conditions or any arbitrationrules referred to by the arbitration agreement are in writing, even if thecontract or the separate arbitration agreement may have been concluded orally,by conduct or by other means not in writing.
8 Arbitrability
Are any types of disputenon-arbitrable? If so, which?
Under the Qatari Arbitration Law,the approval of the Prime Minister (or the Prime Minister’s delegate) is required before parties can agree to enteran arbitration in respect of an administrative contract and public juridicalpersons may not, in any case, refer disputes between one another toarbitration. Notably, Qatari legislation does not define what constitutes anadministrative contract.
Additionally, the QatariArbitration Law provides that arbitration is not permitted in matters in whichconciliation is not permitted. The matters in which conciliation is notpermitted are not defined; however, personal, family or criminal disputes of anon-commercial nature are likely to be non-arbitrable.
In February 2023, the QatariCourt of Appeal confirmed that disputes arising from rental relationshipsbetween tenants and landlords are exclusively adjudicated by the RentalDisputes Settlement Committee – as a matter of public policy.Accordingly, rental disputes are non-arbitrable.
Similarly, the QFC ArbitrationRegulations do not define non-arbitrable disputes but – in theauthors’ opinion – those categories are likely tobe the same as under the Qatari Arbitration Law.
9 Third parties
Can a third party be bound byan arbitration clause and, if so, in what circumstances? Can third partiesparticipate in the arbitration process through joinder or a third-party notice?
In Qatar, an agreement is bindingonly on the parties to that agreement and their successors.
Under the Qatari Arbitration Law,in case of death of a party, an arbitration agreement shall not expire and maybe executed by or against persons representing the deceased party’s estate, subject to agreement by the parties and withoutprejudice to legislative provisions excluding such rights.
The Qatari Arbitration Law doesnot deal with the joinder of third parties to arbitration proceedings. Thequestion of joinder may have been dealt with by the parties – for instance, if they have selected rules that permitjoinder.
Although the QFC ArbitrationRegulations contain an article named ‘Consolidation or joinder ofarbitration proceedings’, they do not actually addressthe issue of joinder.
10 Consolidation
Would an arbitral tribunalwith its seat in your jurisdiction be able to consolidate separate arbitralproceedings under one or more contracts and, if so, in what circumstances?
There are no express provisionswith regards to consolidation of separate arbitral proceedings under the QatariArbitration Law and so consolidation will need to be dealt with under the rulesgoverning the arbitration proceedings.
Conversely, the QFC ArbitrationRegulations specifically empower the QFC Court to consolidate arbitrationproceedings on terms it considers just, or it may order arbitration proceedingsto be heard at the same time or one immediately after the other, or order anyof the proceedings to be stayed until the determination of another.
11 Groups of companies
Is the ‘group ofcompanies doctrine’ (or any other basis for piercing the corporate veil)recognised in your jurisdiction?
The authors are not aware of anyjurisprudence indicating that the group of companies doctrine is recognised inQatar.
12 Separability
Are arbitration clauses considered separable from themain contract?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, the arbitration clause is an agreementindependent of the other terms of the contract.
13 Competence-competence
Is the principle ofcompetence-competence recognised in your jurisdiction? Can a party to anarbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?
The Qatari Arbitration Law andthe QFC Arbitration Regulations recognise the principle of Kompetenz-kompetenz(competence-competence),allowing an arbitral tribunal to decide on its own jurisdiction.
Any decision the tribunal makesrelating to jurisdiction is subject to challenge before the competent court, byway of appeal within 30 days. The decision of the competent court shall befinal and is not subject to any form of appeal. Further, any such appeal doesnot prevent the arbitral tribunal from continuing the arbitral proceedings orfrom issuing its award.
14 Drafting
Are there particular issues tonote when drafting an arbitration clause where your jurisdiction will be theseat of arbitration or the place where enforcement of an award will be sought?
When drafting an arbitrationclause with Qatar as the seat the parties are recommended to agree on thecompetent court – ie, local courts or the QFC court. If the QFC is the seat,the QFC Court automatically becomes the competent court. According to theQatari Arbitration Law, the parties have the right to agree on extending thetime limit of seven days to file an application to the tribunal to set rightany calculation and/or typographical error or mistake in the arbitral award orto explain a given point thereof, and also to the time limit of one month forannulment of the award. The latter has been confirmed in a judgment issued bythe Court of Appeal on 28 February 2022 in case ref: 693/2021.
There is no particular issue tonote when drafting an arbitration clause where Qatar is the place ofenforcement since Qatar is a party to the New York Convention.
15. Institutionalarbitration
Is institutional internationalarbitration more or less common than ad hoc international arbitration? Are theUNCITRAL Rules commonly used in ad hoc international arbitrations in yourjurisdiction?
Publicly available statistics inQatar are scarce and those comparing the number of institutional and ad hocarbitrations in Qatar are less so. Accordingly, it is difficult to identifytrends in commercial arbitrations commenced in Qatar. See question 45.
Having said that, anecdotalevidence suggests that institutional arbitration is more common than ad hocarbitration.
16 Multi-party agreements
What, if any, are theparticular points to note when drafting a multi-party arbitration agreementwith your jurisdiction in mind? In relation to, for example, the appointment ofarbitrators.
No specific provisions orguidance are provided by the Qatari Arbitration Law or the QFC ArbitrationRegulations in relation to drafting multi-party arbitration agreements.
COMMENCING THE ARBITRATION
17 Request for arbitration
How are arbitral proceedingscommenced in your jurisdiction? Are there any key provisions under thearbitration laws of your jurisdiction relating to limitation periods of whichthe parties should be aware?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, subject to the parties’ prior agreement, arbitration proceedings commence on theday the respondent receives the request for referral of the dispute toarbitration. There are no specific limitation periods that relate solely toarbitration proceedings.
CHOICE OF LAW
18 Choice of law
How is the substantive law ofthe dispute determined? Where the substantive law is unclear, how will atribunal determine what it should be?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, parties are free to agree the applicablesubstantive law. Where this has not been done, the tribunal will apply the lawdetermined in accordance with the conflicts of law rules.
According to Qatari principles ofprivate international law, the form of a contract shall be subject to the lawof the place of its conclusion (locus regit actum). Otherwise, the lawapplicable to the substance of the contract, or the law of the common domicileor nationality of the parties, may also apply with respect to its form.
APPOINTING THE TRIBUNAL
19 Choice of arbitrators
Does the law of yourjurisdiction place any limitations in respect of a party’s choice of arbitrator?
Under the Qatari Arbitration Law, an arbitrator can be anyperson who
Unless the parties agreeotherwise, there is no requirement that the arbitrator(s) be of any specificnationality. The Ministry of Justice maintains a register of approvedarbitrators. The Minister is empowered to issue decisions to determine theconditions and rules for registering and striking off of arbitrators in theaforementioned register.
However, this does not precludethe appointing authority to appoint arbitrator(s) from any list they deemappropriate, provided that the appointee meets the qualifications prescribed inthe Qatari Arbitration Law.
The QFC Arbitration Regulationsdo not provide any specification as to the arbitrators. However, they providethat the QFC Court shall have due regard to any qualifications required of thearbitrator by the agreement of the parties and to such considerations as arelikely to secure the appointment of an independent and impartial arbitratorand, in the case of a sole or third arbitrator, shall take into account as wellthe advisability of appointing an arbitrator of a nationality other than thatof any party.
20 Foreign arbitrators
Can non-nationals act asarbitrators where the seat is in your jurisdiction or hearings areheld there? Is this subject to any immigration or other requirements?
Non-nationals can and do act asarbitrators where the seat is in Qatar. Normal immigration rules apply when a non-Qatari visits Qatar.
21 Default appointment ofarbitrators
How are arbitrators appointedwhere no nomination is made by a party or parties or the selection mechanismfails for any reason? Do the courts have any role to play?
Under the Qatari Arbitration Law,if the parties do not agree on the number of arbitrators, the number shall bethree. Savefor where the parties have agreed a certain mechanism to appoint arbitrators orto the implementation of institutional rules, the following rules apply:
Under the QFC ArbitrationRegulations, unless agreed by the parties, the number of arbitrators shall bethree in ad hoc arbitrations. The default appointment procedure is similar tothat under the Qatari Arbitration Law and where any participant fails to actthe QFC Court takes necessary measures.
22 Immunity
Are arbitrators affordedimmunity from suit under the law of your jurisdiction and, if so, in whatterms?
Under the Qatari Arbitration Law,arbitrators shall not be held liable for exercising their tasks, unless theyhave done so in bad faith, collusion or gross negligence. The QFC ArbitrationRegulations also provide immunity to arbitrators unless the act or omission isin bad faith. Other immunity might be afforded in the chosen institutionalrules or by any other form of agreement between the parties.
23 Securing payments of fees
Can arbitrators secure paymentof their fees in your jurisdiction? Are there fundholding services provided byrelevant institutions?
There is no specific method forarbitrators to secure payment of their fees in Qatar. If the arbitration is aninstitutional one, the relevant institutional rules apply.
CHALLENGES TO ARBITRATORS
24 Grounds of challenge
On what grounds may a partychallenge an arbitrator? How are challenges dealt with in the courts or (asapplicable) the main arbitration institutions in your jurisdiction? Willthe IBA Guidelines on Conflicts of Interest in International Arbitrationgenerally be taken into account?
Under the Qatari Arbitration Law,an arbitrator can be removed where there are reasonable doubts as to theirindependence and impartiality. Arbitrators may also be replaced if they lackthe qualifications agreed upon between the parties or fail to perform theirmandate. If there is no agreement on the arbitrator removal procedures, awritten request for removal stating the underlying grounds and reasons shall bepresented to the arbitral tribunal. The challenge will then be referred to theAppointing Authority if the arbitrator fails to withdraw or if the other partyobjects to the challenge.
The grounds and procedure forremoval is similar under the QFC Arbitration Regulations – with the exception that the arbitral tribunal is the firstauthority to rule on the removal request. If the challenge is unsuccessful, thechallenging party may apply to the QFC Court.
The authors understand thatreferences to the IBA Guidelines on Conflicts of Interests are madeoccasionally by counsel in arbitration proceedings, although this does nothappen very often. The authors are not aware of any proceedings or courtjudgment where the IBA Guidelines on Conflicts of Interests have been used. Inthe experience of the authors, the Qatari Courts, and arbitral institutionssuch as QICCA, will tend to take a very conservative approach towards potentialconflicts of interest.
INTERIM RELIEF
25 Types of relief
What main types of interimrelief are available in respect of international arbitration and from whom (thetribunal or the courts)? Are anti-suit injunctions available whereproceedings are brought elsewhere in breach of an arbitration agreement?
The Qatari Arbitration Lawprovides tribunals with the power to issue provisional measures or interimawards that are dictated by the nature of the dispute or for the purpose ofpreventing irreparable harm – including:
A party, with permission of thetribunal, may ask the Competent Court/Judge to enforce the interim award.Arbitral tribunals have similar powers under the QFC Arbitration Regulations.
Under the Qatari Arbitration Law,in situations where the arbitral tribunal, or any other person to whom theparties have granted certain authority, does not have jurisdiction, or isincapable to act effectively at the time, the competent judge, on the applicationof one of the parties, may order interim measures, either before thecommencement of or during the arbitral proceedings.
Under the QFC ArbitrationRegulations, it is compatible with an arbitration agreement for a party torequest, before or during arbitral proceedings, from the QFC Court an interimmeasure of protection and for the QFC Court to grant such a measure. The QFCCourt has the same power of issuing interim measures and protection for thepurposes of and in relation to arbitration proceedings as it has for thepurposes of and in relation to other proceedings.
Neither the Qatari Arbitration Law nor the QFC ArbitrationRegulations contain any specific provisions regarding anti-suit injunctions.
26 Security for costs
Does the law of yourjurisdiction allow a court or tribunal to order a party to provide security forcosts?
There is no explicit clause inthe Qatari Arbitration Law or the QFC Arbitration Regulations in relation tosecurity for costs; however, both allow for all provisional measures that aredictated by the nature of the dispute, including measures providing a means ofpreserving assets by means of which later awards may be executed.
In the authors’ opinion, the general powersprovided under the Qatari Arbitration Law and the QFC Arbitration Regulationsare sufficiently comprehensive to allow for security for costs.
Additionally, the QatariArbitration Law and the QFC Arbitration Regulations state that the arbitratorsmay require a party requesting an interim award to submit sufficient securityfor costs for the provisional measure it orders or the interim award it issues.
Notably, the new QICCAarbitration rules explicitly introduce an additional form of conservatory orinterim measure: the requirement for a financial guarantee to cover arbitrationcosts, commonly referred to as “security for costs”.
PROCEDURE
27 Procedural rules
Are there any mandatory rules inyour jurisdiction that govern the conduct of the arbitration (eg, generalduties of the tribunal and/or the parties)?
Both the Qatari Arbitration Lawand the QFC Arbitration Regulations stipulate various mandatory procedures andalso allows the parties to agree on applicable procedures in specificsituations.
The following are among mandatoryprocedural rules that govern the conduct of the arbitration under the QatariArbitration Law:
The QFC Arbitration Regulationsprovide similar mandatory procedural rules that govern the conduct ofarbitration.
28 Refusal to participate
What is the applicable law (andprevailing practice) where a respondent fails to participate in anarbitration?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, the arbitral tribunal may continue withthe arbitral proceedings if due process was observed and a respondent – duly served – fails to attend the hearings orfails to submit a statement of defence – unless the parties agreeotherwise.
29 Admissible evidence
What types of evidence areusually admitted, and how is evidence usually taken?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, the parties have full autonomy to agree oncertain arbitration procedures, including evidence rules, which must befollowed by the arbitral tribunal.
The Qatari Arbitration Law doesnot provide for a specific preference on the collection of evidence and thestage of submissions. The Qatari Arbitration Law provides that the tribunalshall hear witnesses and experts without taking an oath. Copies of memoranda,documents or other papers filed by one party and copies of expert reports andother evidence must be sent to the other party.
The QFC Arbitration Regulationsdo not contain detailed provisions regarding the submission of pleadings andthe evidence submitted. However, it does provide that the parties may submitwith their statements of claims and defence all documents they consider to berelevant.
Arbitrators can order parties toproduce evidence. Arbitrators cannot compel a party to disclose documents butcan ask for the assistance of the Competent Court in obtaining of evidence.
It is the common understandingthat any type of evidence may be used as long as it is obtained legally. It iscommon for the parties to agree on use of the IBA Rules on the Taking ofEvidence in International Commercial Arbitration as guidance. However, theauthors are not aware of any instance where the Prague Rules are referenced.
30 Court assistance
Will the courts in your jurisdiction play any role in theobtaining of evidence?
Under the Qatari Arbitration Law,the arbitral tribunal or any of the parties may, after approval of the arbitraltribunal, seek assistance from the competent court to obtain evidence,including the technical expert’s work and examination ofevidence. If the arbitral tribunal finds that the requested assistance isnecessary to adjudicate the subject of the dispute, the tribunal may suspendthe arbitration procedures until this aid is obtained.
The competent court may acceptthe request for assistance within its authority in accordance with theapplicable rules for collecting evidence, including judicial summoning of thirdparties or sentencing for the non-appearance or non-response of witnesses toadequate penalties set forth in articles 278 and 279 of Qatar Law No. 13/1990promulgating the Civil and Commercial Procedure Law (CCPL).
Under the QFC Arbitration Regulations, the tribunal or aparty with the approval of the tribunal may request from the QFC Courtassistance in taking evidence. The QFC Court may execute the request within itscompetence and according to its rules on taking evidence.
31 Document production
What is the relevant law andprevailing practice relating to document production in internationalarbitration in your jurisdiction?
Neither the Qatari ArbitrationLaw nor the QFC Arbitration Regulations contain specific provisions relating todocument production. In the authors’ experience, it is common for theparties and tribunals to agree on use of the IBA Rules on the Taking ofEvidence in International Commercial Arbitration as guidance.
Arbitrators cannot compel a partyto disclose documents but can ask for the assistance of the Competent Court inobtaining evidence.
32 Hearings
Is it mandatory to have a final hearing on the merits?
Unless the Parties have opted forinstitutional rules of arbitration that provide otherwise, the QatariArbitration Law provides that the arbitral tribunal shall hold hearings toenable the parties to explain the subject of the case and to present their argumentsand evidence or to hear their oral statements, unless the arbitral tribunaldeems it sufficient to submit the written memorandums and documents or theparties agree otherwise.
Under the QFC ArbitrationRegulations, subject to any agreement to the contrary between the parties, thearbitral tribunal shall decide whether to hold an oral hearing or whether theproceedings can be conducted on the basis of documents and other materials.
In the authors’ experience, “document only” arbitrations are rare in Qatar,and it is normal to have a formal hearing.
33 Seat or place of arbitration
If your jurisdiction isselected as the seat of arbitration, may hearings and procedural meetings beconducted elsewhere?
Under both the Qatari ArbitrationLaw and the QFC Arbitration Regulations, unless otherwise agreed by theparties, the arbitral tribunal may hold hearings and procedural meetings in anyvenue it deems appropriate, as well as remote and virtual hearings.
AWARD
34 Majority decisions
Can the tribunal decide by majority?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, the issued decisions, orders and awards ofan arbitral tribunal comprising more than one arbitrator shall be based on theopinion of the majority, unless the parties agree otherwise. However, decisionsmay be issued on procedural issues by the president of the tribunal if theparties, or all members of the tribunal, give the president the permission todo so.
35 Limitations to awards andrelief
Are there any particular typesof remedies or relief that an arbitral tribunal may not grant?
The laws of the State of Qatar donot restrict the types of remedies available in arbitration, as long as theyare not contrary to public policy.
Arbitration awards are generallyan award of damages. Awards for specific performance are permissible by law.
36 Dissenting arbitrators
Are dissenting opinionspermitted under the law of your jurisdiction? If so, are they common inpractice?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, the signatures of the majority of thearbitrators will suffice, provided that the reason for any omitted signature isstated in the award. Dissenting opinions are technically permitted but are, inthe authors’ experience, not common.
37 Formalities
What, if any, are the legaland formal requirements for a valid and enforceable award?
Under the Qatari Arbitration Law,the award shall be issued in writing and shall be signed by the arbitrator or,if more than one arbitrator, by the majority of the arbitrators, unless agreedotherwise by the parties, provided that the reason for any omitted signaturesis stated in the award.
The award must state the reasonsupon which the decision is based, unless the parties agree otherwise or if theapplicable legal rules do not require it, or if the award is made upon theparties’ settlement. It must also state the name of the parties and their addresses; the nationalities, names,addresses and capacity of the arbitrators; a copy of the arbitration agreement; the date of the issuance of the award; and the seat of arbitration. The award mustinclude a summary of the requests, statements and documents submitted by theparties and the award ruling and its reasons, if it is required that they bestated. The award shall also state the costs and fees of thearbitration, the party responsible for paying costs, and the procedures forpayment, unless agreed otherwise by the parties.
Unless the parties have opted forinstitutional arbitration rules that provide otherwise, each party to anarbitral award shall be given a copy within 15 days of the date of the issuance of the award. The tribunal isrequired to send an electronic copy of the awards to the administrative departmentin the Ministry concerned with arbitration affairs, within two weeks ofissuance. In practice, we are aware that arbitral tribunals appear to becomplying with this requirement, and that the arbitration department at theMinistry of Justice is the relevant administrative department.
Under the QFC ArbitrationRegulations, the award shall be made in writing and signed by the majority ofthe arbitrators provided that the reason for any omitted signature is stated.The award shall state the reasons upon which it is based, unless the partieshave agreed that no reasons are to be given or the award is a consent award.The award must state its date and the seat of arbitration and shall be deemedto have been made at the seat. After the award is made, a copy signed by thearbitrators shall be delivered to each party. Unless otherwise agreed by theparties, the arbitral tribunal – in the award – may direct to whom, by whom, and in what manner, the wholeor any part of the costs that it awards shall be paid; fix the amount of coststo be paid or any part of those costs; and award interest on any sums itdirects to be paid.
Practitioners have had differentviews as to whether, with the enactment of the Qatari Arbitration Law, there isstill a requirement for the Qatar-seated arbitral awards to be issued in thename of His Royal Highness, the Emir of the State of Qatar. Although there isno explicit legal requirement under the abolished arbitration law or any otherlaw, or in the Constitution of Qatar, there have been several court decisionsthat ruled that Qatar-seated arbitral awards must be issued in the name of HisHighness the Emir, citing article 69 of the CCPL the reason. While the QatariArbitration Law expressly repealed articles 190–210, it did not repeal article69. With a judgment No. 2186/2019 dated 6 July 2020, the Court of Appealsettled this topic when it dismissed a challenge against an arbitral award thatwas not issued in the name of His Highness the Emir referencing a previouscassation Court ruling No. 35 of 2003.
38 Time frames
What time limits, if any,should parties be aware of in respect of an award? In particular, do any timelimits govern the interpretation and correction of an award?
Under the Qatari Arbitration Law,an arbitral award should be issued within the timeline agreed upon or if thereis no such agreement, within seven days for the correction of the award or onemonth for filing for its annulment from the conclusion of the proceedings. Inall cases, the arbitral tribunal may extend the time limit on its own motionfor only an additional month, unless the parties agree otherwise.
Unless otherwise agreed by theparties, any party may, within seven days of the receipt of the arbitral award,or within the period agreed by the parties, provided that it notifies the otherparties, request the arbitral tribunal to make corrections, or provideinterpretation, or make additional award as to the requests submitted duringthe arbitral proceedings but that were omitted from the award.
The arbitral award may not becontested by any means of appeal except by annulment action within one month ofthe date of receipt of the award or from the date of issuance of thecorrection, interpretation or the supplemental award.
The time frame for applicationfor correction, interpretation or supplemental award under the QFC ArbitrationRegulations is 30 days, and the time frame for application for annulment isthree months. The three-month time limit shall not apply to an application tothe QFC Court to have an award set aside on the grounds that the award is inconflict with the public policy of the QFC.
COSTS AND INTEREST
39 Costs
Are parties able to recoverfees paid and costs incurred? Does the ‘loser pays’ rule generally apply in your jurisdiction?
Under both the Qatari ArbitrationLaw and the QFC Arbitration Regulations and in institutional arbitrations,arbitrators are given the power to award the winning party its costs, partiallyor fully. The “loser pays” rule does not strictly apply inQatar but is taken into consideration by arbitral tribunals.
40 Interest on the award
Can interest be included onthe principal claim and costs? Is there any mandatory or customary rate?
It has been the commonunderstanding of practitioners that interest is not available as a remedy tothe tribunal, because it was considered as contrary to the state’s public policy – unless the parties’ arbitration agreement expressly contemplated the rate andperiods at which interest would be paid.
To the authors’ knowledge, Qatari jurisprudence is anything but settled onthis issue. For instance, in Court of Appeals Decision No. 1856 of 2022, thecourt ruled that interest of 5 per cent on the arbitral award violated publicorder. In contrast, other recent jurisprudence (Court of Cassation dated27/02/2018 – No. 24/2018, Court of Appeal dated 30/09/2019 – No. 36/2019, Court of Appeal dated 20/10/2019 – No. 31/2019, and Court of Appeal dated 25/01/2021 – number not available) showed that the award of interest,whether as damages for breach of contract or as compensation for delay inpayment, does not contravene the general principles and rules of the IslamicSharia’a and is considered constitutional and permitted underQatari law.
The authors’ conclusion is, therefore, thatif the contract allows for interest, it may be permitted and awarded; whereasif the contract does not allow for interest, it should not be awarded.
Under the QFC ArbitrationRegulations, the arbitral tribunal is empowered to award interest on any sumsit directs to be paid.
CHALLENGING AWARDS
41 Grounds for appeal
Are there any grounds on whichan award may be appealed before the courts of your jurisdiction?
Under the Qatari Arbitration Lawand the QFC Arbitration Regulations, an arbitral award may not be contested byany means of appeal except by annulment or setting-aside action before theCompetent Court.
42 Other grounds for challenge
Are there any other bases onwhich an award may be challenged, and if so what?
An arbitral award may only bechallenged by way of setting-aside.
The Qatari Arbitration Law setsout limited grounds for setting aside an arbitral award. An application forsetting aside an award shall not be accepted unless the applicant furnishesproof of the following:
A court may consider of its owninitiative to set aside an award for non-arbitrability of the subject matter of the dispute or violation of public policy, which is understood as a serious departurefrom fundamental notions of procedural justice and a seriousviolation of laws intended for the benefit of society. Public policy or publicorder is a concept often construed widely.
Unless otherwise agreed betweenthe parties, the competent court may stay the proceedings before it upon therequest of one of the parties, for such period thatthe court will determine if it finds it convenient to grant the arbitraltribunal the chance to complete the arbitration proceedings or to take anyother procedure that the arbitral tribunal deems necessary to eliminate thegrounds for annulment.
The QFC Arbitration Regulationsuses the phrase ‘the [a]ward is not in the interest of the QFC’ instead of ‘violation of public policy’; however, in light of the other provisions of the QFCArbitration Regulations, there appears to be no distinction between these twoterminologies.
43 Modifying an award
Is it open to the parties toexclude by agreement any right of appeal or other recourse that the law of yourjurisdiction may provide?
It is not permissible for the parties to agree to waive theright to file an annulment action.
ENFORCEMENT IN YOUR JURISDICTION
44 Enforcement of set-asideawards
Will an award that has beenset aside by the courts in the seat of arbitration be enforced in yourjurisdiction?
Annulment of an arbitral award isa ground for refusal of enforcement under both the Qatari Arbitration Law andthe QFC Arbitration Regulations. Although according to the wording used in theQFC Arbitration Regulations and the English translation of the QatariArbitration Law – ie, ‘may’ – the courts can enforce theannulled arbitral awards. The authors are not aware of any jurisprudence onthis issue.
45 Trends
What trends, if any, aresuggested by recent enforcement decisions? What is the prevailing approach ofthe courts in this regard?
As noted in question 15, publiclyavailable statistics on commercial arbitrations commenced in Qatar are scarce.Furthermore, there is no doctrine of binding precedent in Qatar – so it is not possible to predict with any certainty whatdecision a court would take on any given issue in the future. While briefreports of some cassation court decisions are published from time to time,there is no comprehensive reporting of court decisions.
Nevertheless, it is known thatarbitration in Qatar in recent years has experienced significant growth, amongboth domestic and international users. There is an upward trend in the numberof arbitration proceedings conducted in Qatar, in many of which at least oneparty is based outside Qatar.
Arbitration is particularlypopular in the construction, infrastructure, real estate, IT, energy andbanking sectors. It is increasingly becoming the norm and sometimes even acondition when contracting with Qatari companies that the contracting parties agreeto resolve their disputes through arbitration conducted under the auspices of alocal or international arbitration center.
There are limited publiclyavailable statistics on institutional and ad hoc arbitrations seated orenforced in Qatar or having Qatari law as the substantive and procedural law.Nevertheless, from the statistics announced in 2023 and 2024:
While these statistics may notcover every arbitration seated in Qatar in those years, they still give a clearsense of how vibrant the Doha arbitration market remains at present.
46 State immunity
To what extent might a stateor state entity successfully raise a defence of state or sovereign immunity atthe enforcement stage?
With regards to the immunity offoreign states and foreign state entities, Qatar acceded to the ViennaConvention on Diplomatic Relations (Vienna Convention) on 6 June 1986. Underarticle 22(3) of the Vienna Convention, the premises of the mission, theirfurnishings and other property thereon and the means of transport of themission shall be immune from search, requisition, attachment or execution.
With regards to the immunity ofthe State of Qatar and state entities, the Civil Code (Qatar Law No. 22/2004promulgating the Civil Code) stipulates that the movable and immovable propertyof the state or public juristic persons that is allocated for a public benefitare deemed to be public funds and such funds may not be disposed of, attachedor acquired (unless for a public benefit).
The Public and Private StateProperty Law provides that the government may, under agreement or pledge, waivethe immunity from execution for its public or private funds that are eitherinvested in financial, commercial or industrial activities or deposited in thebanks and the existing contractual terms in this regard are valid.
FURTHER CONSIDERATIONS
47 Confidentiality
To what extent are arbitralproceedings in your jurisdiction confidential?
The Qatari Arbitration Law doesnot expressly require arbitration proceedings to be confidential. However, itprohibits the publication of the arbitral award or any parts thereof withoutthe consent of the parties to the arbitration. This prohibition applies to allpersons involved in the arbitral proceedings, including the parties, thearbitrators, or any other person. In the authors’ experience, parties – if not already agreed in the arbitration clause orprovided for in the Institutional Rules – generally agree onconfidentiality provisions in the early stages of arbitration proceedings.
The QFC Arbitration Regulationsdo not contain a confidentiality provision.
In the authors’ experience, parties tend to agree on keeping the arbitrationproceedings confidential (or otherwise) in the early stages of arbitration.
48 Evidence and pleadings
What is the position relatingto evidence produced and pleadings filed in the arbitration? Are theseconfidential? Is there any way that they might be relied on in otherproceedings (whether arbitral or court proceedings)?
In the authors’ experience, parties usually agree on keeping arbitrationproceedings confidential in the early stages of arbitration thus unless theyhave opted for institutional rules that provide otherwise or there is anapplication to the competent court in relation to those proceedings, theevidence produced or pleadings filed in the arbitration may not be relied on inother proceedings. General proprietary rights, trade secrets or intellectualproperty rules may also apply.
49 Ethical codes
What ethical codes and otherprofessional standards, if any, apply to counsel and arbitrators conductingproceedings in your jurisdiction?
The Qatari Arbitration Law doesnot provide for a set code of ethics for counsel or arbitrators. However, itprovides that the arbitrator shall not be held liable for exercising his or herduties as an arbitrator unless he has done so in bad faith, through collusionor with gross negligence.
The ethical and professionalstandards applicable to all lawyers admitted to ractice before the Qataricourts are set out in the Code of Law Practice (23) of 2006, under whichlawyers must act in compliance with rules ethics, integrity, honour and honestyin both their professional and personal conduct and shall perform all theduties imposed upon them by statute, law practice’s code of ethics and traditions.For other lawyers that are not subjected to Law (23) of 2006, the ethical andprofessional standards that apply are the standards of the respectivejurisdictions where they were admitted.
The QFC has published a LegalServices Code at Part 6 of the QFCA Rules, which applies to all legal servicefirms and QFC lawyers. This code applies a common set of standards, includingclient care, confidentiality and conflicts.
50 Procedural expectations
Are there any particularprocedural expectations or assumptions of which counsel or arbitratorsparticipating in an international arbitration with its seat in yourjurisdiction should be aware?
Aside from the mandatoryprocedural rules applicable for arbitration proceedings, which are set out inthis chapter, there are to the best of our knowledge no particular proceduralexpectations or assumptions of which counsel or arbitrators participating in aninternational arbitration with its seat in Qatar should be aware.
51 Third-party funding
Is third-party fundingpermitted in your jurisdiction? If so, are there any rules governing its use (such as a requirement to disclose the existenceand identity of funders to the other parties and tribunal) ?
Both the Qatari Arbitration Lawand the QFC Arbitration Regulations are silent in respect of third-partyarbitration funding. There are no professional litigation funders in Qatar. Theauthors are aware that there are always some claimants looking for third-partyfunding options but third-party funding is still uncommon in Qatar. Suchfunding is permitted when the institutional rules chosen by the parties permitit.
This article was firstpublished on Global Arbitration Review in June 2025; for further in-depthanalysis, please visit:
GAR Know-how Commercial Arbitration.
Co-Authors
Mathew Walker, K&L Gates LLP
Burak Eryigit, K&L Gates LLP