Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?
Qatar acceded to the New York Convention on 30 December 2002. The Convention came into force on 15 March 2003 via Emiri Decree No. 29 of 2003. No reservation was made under Article I(3).
Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?
Qatar is also party to the following international treaties:
Additionally, Qatar is party to 69 bilateral treaties (32 of which are in force) and a further 12 treaties with investment provisions (seven of which are in force).
Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?
Law No. 2 of 2017 Promulgating the Civil and Commercial Arbitration Law – Issuing the Law of Arbitration in Civil and Commercial Matters (Qatari Arbitration Law) governs arbitration proceedings in Qatar and is based on the UNCITRAL Model Law on International Commercial Arbitration. The Qatari Arbitration Law applies to every arbitration carried out inside the State of Qatar, or where parties to an international commercial arbitration taking place abroad decide to hold it subject to the Qatari Arbitration Law. Articles 2(3) and 2(4) of the Qatari Arbitration 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 the procedures relating to the enforcement of arbitral awards. The Qatari Enforcement Law only regulates the enforcement of arbitral awards and not their annulment, and emphasises that the enforcement of the arbitral award may not be refused, no matter which country it was issued in, unless one of the scenarios specified in Article 35 of the Qatari Arbitration Law applies. The new Qatari Enforcement Law simplifies and expedites the enforcement procedures of arbitral awards. The law treats arbitration awards as directly enforceable instruments, facilitating their enforcement without the need to file a separate lawsuit. A party with an award in its favour may submit a direct enforcement request to the Enforcement Court.
There is also a secondary jurisdiction in Qatar – namely, the Qatar Financial Centre (QFC) – with a common law judicial structure and procedures. The QFC Arbitration Regulations (Regulation No 8 of 2005) apply where the seat of arbitration is the QFC. To the fullest extent permitted by the QFC Law, the laws, rules and regulations of the State of Qatar concerning arbitration do not apply in the QFC.
The QFC Authority published proposed amendments to the QFC Arbitration Regulations in June 2015; however, these proposed amendments have not yet been promulgated.
What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?
The Qatar International Centre for Conciliation and Arbitration (QICCA) is the only permanent arbitration institution in Qatar. It administers arbitrations under the QICCA rules and the UNCITRAL Arbitration Rules, and has appointing authority under the latter. In addition, the Qatar International Court and Dispute Resolution Centre (QICDRC) (also known as the Qatar Financial Centre Civil and Commercial Court (QFC Court)) and the Chartered Institute of Arbitrators (CIArb), both based in the QFC, also market arbitration under the QFC Arbitration Regulations and the CIArb Arbitration Rules respectively, though neither formally administers arbitrations in Qatar.
Notably, QICCA recently issued new rules for Conciliation and Arbitration, effective from 1 January 2025, with a view to meet the latest international standards, trends and best practices in the field of international arbitration. The new QICCA Rules have introduced – among other things – provisions concerning consolidation of separate arbitration proceedings, joinder of additional parties to the proceedings, emergency arbitrator procedures, and expedited arbitration procedures.
Can foreign arbitral providers operate in your jurisdiction?
Yes, parties in Qatar frequently choose arbitration under the International Chamber of Commerce (ICC) Rules. Other arbitral providers, such as the Singapore International Arbitration Centre (SIAC) and the London Court of International Arbitration (LCIA) are also beginning to raise their profile locally too.
Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with, and supportive of, the law and practice of international arbitration?
The Competent Court – providing judicial assistance to support arbitration proceedings and handling annulment and enforcement proceedings – is either the Civil and Commercial Arbitral Disputes Circuit in the Court of Appeals or the First Instance Circuit of the QFC Court – as designated by the parties. Neither is a “specialist ” arbitration court, as such. In arbitrations seated in the QFC, the QFC Court is the Competent Court. In both forums, the authors consider that the judiciary has started to become familiar with, and is broadly supportive of, international arbitration.
In a Note on Ruling dated 17 March 2021, the First Instance Circuit of the QFC Court noted that parties are permitted to choose the QFC Court as the “Competent Court” under the Qatari Arbitration Law. In the case of C v D , which was the case that prompted QICDRC’s Note on Ruling, the arbitration clause provided that “the seat of the arbitration be the [QICDRC] in the Qatar Financial 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 the Competent Court under [the Qatari Arbitration Law], the Court was satisfied that it had jurisdiction”.
What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?
An arbitration agreement is the agreement between the parties who have legal capacity to enter into such agreement. An agreement to arbitrate may stand as an independent document or be in the form of an arbitration clause within an agreement. Under the Qatari Arbitration Law:
Under the QFC Arbitration Regulations, an arbitration agreement must be in writing and it is deemed so if the arbitration clause or arbitration terms and conditions or any arbitration rules referred to by the arbitration agreement are in writing, even if the contract or the separate arbitration agreement may have been concluded orally, by conduct or by other means not in writing.
Are any types of dispute non-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 enter an arbitration in respect of an administrative contract and public juridical persons may not, in any case, refer disputes between one another to arbitration. Notably, Qatari legislation does not define what constitutes an administrative contract.
Additionally, the Qatari Arbitration Law provides that arbitration is not permitted in matters in which conciliation is not permitted. The matters in which conciliation is not permitted are not defined; however, personal, family or criminal disputes of a non-commercial nature are likely to be non-arbitrable. In February 2023, the Qatari Court of Appeal confirmed that disputes arising from rental relationships between tenants and landlords are exclusively adjudicated by the Rental Disputes Settlement Committee – as a matter of public policy. Accordingly, rental disputes are non-arbitrable.
Similarly, the QFC Arbitration Regulations do not define non-arbitrable disputes but – in the authors’ opinion – those categories are likely to be the same as under the Qatari Arbitration Law.
Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?
In Qatar, an agreement is binding only 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 may be executed by or against persons representing the deceased party’s estate, subject to agreement by the parties and without prejudice to legislative provisions excluding such rights.
The Qatari Arbitration Law does not deal with the joinder of third parties to arbitration proceedings. The question of joinder may have been dealt with by the parties – for instance, if they have selected rules that permit joinder.
Although the QFC Arbitration Regulations contain an article named ‘Consolidation or joinder of arbitration proceedings’, they do not actually address the issue of joinder.
Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?
There are no express provisions with regards to consolidation of separate arbitral proceedings under the Qatari Arbitration Law and so consolidation will need to be dealt with under the rules governing the arbitration proceedings.
Conversely, the QFC Arbitration Regulations specifically empower the QFC Court to consolidate arbitration proceedings on terms it considers just, or it may order arbitration proceedings to be heard at the same time or one immediately after the other, or order any of the proceedings to be stayed until the determination of another.
Is the ‘group of companies doctrine’ (or any other basis for piercing the corporate veil) recognised in your jurisdiction?
The authors are not aware of any jurisprudence indicating that the group of companies doctrine is recognised in Qatar.
Are arbitration clauses considered separable from the main contract?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, the arbitration clause is an agreement independent of the other terms of the contract.
Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?
The Qatari Arbitration Law and the 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 makes relating to jurisdiction is subject to challenge before the competent court, by way of appeal within 30 days. The decision of the competent court shall be final and is not subject to any form of appeal. Further, any such appeal does not prevent the arbitral tribunal from continuing the arbitral proceedings or from issuing its award.
Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?
When drafting an arbitration clause with Qatar as the seat the parties are recommended to agree on the competent court – ie, local courts or the QFC court. If the QFC is the seat, the QFC Court automatically becomes the competent court. The parties have the right to agree on extending the time limit of seven days to file an application to the tribunal to set right any calculation and/or typographical error or mistake in the arbitral award or to explain a given point thereof, and also to the time limit of one month for annulment of the award. The latter has been confirmed in a judgment issued by the Court of Appeal on 28 February 2022 in case ref: 693/2021.
There is no particular issue to note when drafting an arbitration clause where Qatar is the place of enforcement since Qatar is a party to the New York Convention.
Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hocinternational arbitrations in your jurisdiction?
Publicly available statistics in Qatar are scarce and those comparing the number of institutional and ad hoc arbitrations in Qatar are less so. Accordingly, it is difficult to identify trends in commercial arbitrations commenced in Qatar. See question 45.
Having said that, anecdotal evidence suggests that institutional arbitration is more common than ad hoc arbitration.
What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.
No specific provisions or guidance are provided by the Qatari Arbitration Law or the QFC Arbitration Regulations in relation to drafting multi-party arbitration agreements.
How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, subject to the parties’ prior agreement, arbitration proceedings commence on the day the respondent receives the request for referral of the dispute to arbitration. There are no specific limitation periods that relate solely to arbitration proceedings.
How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, parties are free to agree the applicable substantive law. Where this has not been done, the tribunal will apply the law determined in accordance with the conflicts of law rules. According to Qatari principles of private international law, the form of a contract shall be subject to the law of the place of its conclusion (locus regit actum). Otherwise, the law applicable to the substance of the contract, or the law of the common domicile or nationality of the parties, may also apply with respect to its form.
Does the law of your jurisdiction place any limitations in respect of a party’s choice of arbitrator?
Under the Qatari Arbitration Law, an arbitrator can be any person who:
Unless the parties agree otherwise, there is no requirement that the arbitrator(s) be of any specific nationality. The Ministry of Justice maintains a register of approved arbitrators. The Minister is empowered to issue decisions to determine the conditions and rules for registering and striking off of arbitrators in the aforementioned register. However, this does not preclude the appointing authority to appoint arbitrator(s) from any list they deem appropriate, provided that the appointee meets the qualifications prescribed in the Qatari Arbitration Law.
The QFC Arbitration Regulations do not provide any specification as to the arbitrators. However, they provide that the QFC Court shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than that of any party.
Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?
Non-nationals can and do act as arbitrators where the seat is in Qatar. Normal immigration rules apply where a non-Qatari visits Qatar.
How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails 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 be three.
Save for where the parties have agreed a certain mechanism to appoint arbitrators or to the implementation of institutional rules, the following rules apply:
Under the QFC Arbitration Regulations, unless agreed by the parties, the number of arbitrators shall be three in ad hoc arbitrations. The default appointment procedure is similar to that under the Qatari Arbitration Law and where any participant fails to act the QFC Court takes necessary measures.
Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?
Under the Qatari Arbitration Law, arbitrators shall not be held liable for exercising their tasks, unless they have done so in bad faith, collusion or gross negligence. The QFC Arbitration Regulations also provide immunity to arbitrators unless the act or omission is in bad faith. Other immunity might be afforded in the chosen institutional rules or by any other form of agreement between the parties.
Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?
There is no specific method for arbitrators to secure payment of their fees in Qatar. If the arbitration is an institutional one, the relevant institutional rules apply.
On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?
Under the Qatari Arbitration Law, an arbitrator can be removed where there are reasonable doubts as to their independence and impartiality. Arbitrators may also be replaced if they lack the qualifications agreed upon between the parties or fail to perform their mandate. If there is no agreement on the arbitrator removal procedures, a written request for removal stating the underlying grounds and reasons shall be presented to the arbitral tribunal. The challenge will then be referred to the Appointing Authority if the arbitrator fails to withdraw or if the other party objects to the challenge.
The grounds and procedure for removal is similar under the QFC Arbitration Regulations – with the exception that the arbitral tribunal is the first authority to rule on the removal request. If the challenge is unsuccessful, the challenging party may apply to the QFC Court.
The authors understand that references to the IBA Guidelines on Conflicts of Interests are made occasionally by counsel in arbitration proceedings, although this does not happen very often. The authors are not aware of any proceedings or court judgment where the IBA Guidelines on Conflicts of Interests have been used. In the experience of the authors, the Qatari Courts, and arbitral institutions such as QICCA, will tend to take a very conservative approach towards potential conflicts of interest.
What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?
The Qatari Arbitration Law provides tribunals with the power to issue provisional measures or interim awards that are dictated by the nature of the dispute or for the purpose of preventing irreparable harm – including:
A party, with permission of the tribunal, 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 the parties have granted certain authority, does not have jurisdiction, or is incapable to act effectively at the time, the competent judge, on the application of one of the parties, may order interim measures, either before the commencement of or during the arbitral proceedings.
Under the QFC Arbitration Regulations, it is compatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from the QFC Court an interim measure of protection and for the QFC Court to grant such a measure. The QFC Court has the same power of issuing interim measures and protection for the purposes of and in relation to arbitration proceedings as it has for the purposes of and in relation to other proceedings.
Neither the Qatari Arbitration Law nor the QFC Arbitration Regulations contain any specific provisions regarding anti-suit injunctions.
Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?
There is no explicit clause in the Qatari Arbitration Law or the QFC Arbitration Regulations in relation to security for costs; however, both allow for all provisional measures that are dictated by the nature of the dispute, including measures providing a means of preserving assets by means of which later awards may be executed. In the authors’ opinion, the general powers provided under the Qatari Arbitration Law and the QFC Arbitration Regulations are sufficiently comprehensive to allow for security for costs.
Additionally, the Qatari Arbitration Law and the QFC Arbitration Regulations state that the arbitrators may require a party requesting an interim award to submit sufficient security for costs for the provisional measure it orders or the interim award it issues.
Notably, the new QICCA arbitration rules explicitly introduce an additional form of conservatory or interim measure: the requirement for a financial guarantee to cover arbitration costs, commonly referred to as “security for costs”.
Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (eg, general duties of the tribunal and/or the parties)?
Both the Qatari Arbitration Law and the QFC Arbitration Regulations stipulate various mandatory procedures and also allows the parties to agree on applicable procedures in specific situations.
The following are among mandatory procedural rules that govern the conduct of the arbitration under the Qatari Arbitration Law:
The QFC Arbitration Regulations provide similar mandatory procedural rules that govern the conduct of arbitration.
What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, the arbitral tribunal may continue with the arbitral proceedings if due process was observed and a respondent – duly served – fails to attend the hearings or fails to submit a statement of defence – unless the parties agree otherwise.
What types of evidence are usually admitted, and how is evidence usually taken?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, the parties have full autonomy to agree on certain arbitration procedures, including evidence rules, which must be followed by the arbitral tribunal.
The Qatari Arbitration Law does not provide for a specific preference on the collection of evidence and the stage of submissions. The Qatari Arbitration Law provides that the tribunal shall hear witnesses and experts without taking an oath. Copies of memoranda, documents or other papers filed by one party and copies of expert reports and other evidence must be sent to the other party.
The QFC Arbitration Regulations do not contain detailed provisions regarding the submission of pleadings and the evidence submitted. However, it does provide that the parties may submit with their statements of claims and defence all documents they consider to be relevant.
Arbitrators can order parties to produce evidence. Arbitrators cannot compel a party to disclose documents but can ask for the assistance of the Competent Court in obtaining of evidence.
It is the common understanding that any type of evidence may be used as long as it is obtained legally. It is common for the parties to agree on use of the IBA Rules on the Taking of Evidence in International Commercial Arbitration as guidance. However, the authors are not aware of any instance where the Prague Rules are referenced.
Will the courts in your jurisdiction play any role in the obtaining of evidence?
Under the Qatari Arbitration Law, the arbitral tribunal or any of the parties may, after approval of the arbitral tribunal, seek assistance from the competent court to obtain evidence, including the technical expert's work and examination of evidence. If the arbitral tribunal finds that the requested assistance is necessary to adjudicate the subject of the dispute, the tribunal may suspend the arbitration procedures until this aid is obtained.
The competent court may accept the request for assistance within its authority in accordance with the applicable rules for collecting evidence, including judicial summoning of third parties or sentencing for the non-appearance or non-response of witnesses to adequate penalties set forth in articles 278 and 279 of Qatar Law No. 13/1990 promulgating the Civil and Commercial Procedure Law (CCPL).
Under the QFC Arbitration Regulations, the tribunal or a party with the approval of the tribunal may request from the QFC Court assistance in taking evidence. The QFC Court may execute the request within its competence and according to its rules on taking evidence.
What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?
Neither the Qatari Arbitration Law nor the QFC Arbitration Regulations contain specific provisions relating to document production. In the authors’ experience, it is common for the parties and tribunals to agree on use of the IBA Rules on the Taking of Evidence in International Commercial Arbitration as guidance.
Arbitrators cannot compel a party to disclose documents but can ask for the assistance of the Competent Court in obtaining evidence.
Is it mandatory to have a final hearing on the merits?
Unless the Parties have opted for institutional rules of arbitration that provide otherwise, the Qatari Arbitration Law provides that the arbitral tribunal shall hold hearings to enable the parties to explain the subject of the case and to present their arguments and evidence or to hear their oral statements, unless the arbitral tribunal deems it sufficient to submit the written memorandums and documents or the parties agree otherwise.
Under the QFC Arbitration Regulations, subject to any agreement to the contrary between the parties, the arbitral tribunal shall decide whether to hold an oral hearing or whether the proceedings 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.
If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?
Under both the Qatari Arbitration Law and the QFC Arbitration Regulations, unless otherwise agreed by the parties, the arbitral tribunal may hold hearings and procedural meetings in any venue it deems appropriate, as well as remote and virtual hearings.
Can the tribunal decide by majority?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, the issued decisions, orders and awards of an arbitral tribunal comprising more than one arbitrator shall be based on the opinion of the majority, unless the parties agree otherwise. However, decisions may be issued on procedural issues by the president of the tribunal if the parties, or all members of the tribunal, give the president the permission to do so.
Are there any particular types of remedies or relief that an arbitral tribunal may not grant?
The laws of the State of Qatar do not restrict the types of remedies available in arbitration, as long as they are not contrary to public policy.
Arbitration awards are generally an award of damages. Awards for specific performance are permissible by law.
Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, the signatures of the majority of the arbitrators will suffice, provided that the reason for any omitted signature is stated in the award. Dissenting opinions are technically permitted but are, in the authors’ experience, not common.
What, if any, are the legal and 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 agreed otherwise by the parties, provided that the reason for any omitted signatures is stated in the award.
The award must state the reasons upon which the decision is based, unless the parties agree otherwise or if the applicable legal rules do not require it, or if the award is made upon the parties’ 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 must include a summary of the requests, statements and documents submitted by the parties and the award ruling and its reasons, if it is required that they be stated. The award shall also state the costs and fees of the arbitration, the party responsible for paying costs, and the procedures for payment, unless agreed otherwise by the parties.
Unless the parties have opted for institutional arbitration rules that provide otherwise, each party to an arbitral award shall be given a copy within 15 days of the date of the issuance of the award. The tribunal is required to send an electronic copy of the awards to the administrative department in the Ministry concerned with arbitration affairs, within two weeks of issuance. In practice, we are aware that arbitral tribunals appear to be complying with this requirement, and that the arbitration department at the Ministry of Justice is the relevant administrative department.
Under the QFC Arbitration Regulations, the award shall be made in writing and signed by the majority of the arbitrators provided that the reason for any omitted signature is stated. The award shall state the reasons upon which it is based, unless the parties have 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 deemed to have been made at the seat. After the award is made, a copy signed by the arbitrators shall be delivered to each party. Unless otherwise agreed by the parties, the arbitral tribunal – in the award – may direct to whom, by whom, and in what manner, the whole or any part of the costs that it awards shall be paid; fix the amount of costs to be paid or any part of those costs; and award interest on any sums it directs to be paid.
Practitioners have had different views as to whether, with the enactment of the Qatari Arbitration Law, there is still a requirement for the Qatar-seated arbitral awards to be issued in the name of His Royal Highness, the Emir of the State of Qatar. Although there is no explicit legal requirement under the abolished arbitration law or any other law, or in the Constitution of Qatar, there have been several court decisions that ruled that Qatar-seated arbitral awards must be issued in the name of His Highness the Emir, citing article 69 of the CCPL the reason. While the Qatari Arbitration Law expressly repealed articles 190–210, it did not repeal article 69. With a judgment No. 2186/2019 dated 6 July 2020, the Court of Appeal settled this topic when it dismissed a challenge against an arbitral award that was not issued in the name of His Highness the Emir referencing a previous cassation Court ruling No. 35 of 2003.
What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits 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 there is no such agreement, within seven days for the correction of the award or one month for filing for its annulment from the conclusion of the proceedings. In all cases, the arbitral tribunal may extend the time limit on its own motion for only an additional month, unless the parties agree otherwise.
Unless otherwise agreed by the parties, 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 other parties, request the arbitral tribunal to make corrections, or provide interpretation, or make additional award as to the requests submitted during the arbitral proceedings but that were omitted from the award.
The arbitral award may not be contested by any means of appeal except by annulment action within one month of the date of receipt of the award or from the date of issuance of the correction, interpretation or the supplemental award.
The time frame for application for correction, interpretation or supplemental award under the QFC Arbitration Regulations is 30 days, and the time frame for application for annulment is three months. The three-month time limit shall not apply to an application to the QFC Court to have an award set aside on the grounds that the award is in conflict with the public policy of the QFC.
Are parties able to recover fees paid and costs incurred? Does the ‘loser pays’ rule generally apply in your jurisdiction?
Under both the Qatari Arbitration Law and the QFC Arbitration Regulations and in institutional arbitrations, arbitrators are given the power to award the winning party its costs, partially or fully. The “loser pays” rule does not strictly apply in Qatar but is taken into consideration by arbitral tribunals.
Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?
It has been the common understanding of practitioners that interest is not available as a remedy to the tribunal, because it was considered as contrary to the state’s public policy – unless the parties’ arbitration agreement expressly contemplated the rate and periods at which interest would be paid.
To the authors’ knowledge, Qatari jurisprudence is anything but settled on this issue. For instance, in Court of Appeals Decision No. 1856 of 2022, the court ruled that interest of 5 per cent on the arbitral award violated public order. In contrast, other recent jurisprudence (Court of Cassation dated 27/02/2018 – 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 in payment, does not contravene the general principles and rules of the Islamic Sharia’a and is considered constitutional and permitted under Qatari law. The authors’ conclusion is, therefore, that if the contract allows for interest, it may be permitted and awarded; whereas if the contract does not allow for interest, it should not be awarded.
Under the QFC Arbitration Regulations, the arbitral tribunal is empowered to award interest on any sums it directs to be paid.
Are there any grounds on which an award may be appealed before the courts of your jurisdiction?
Under the Qatari Arbitration Law and the QFC Arbitration Regulations, an arbitral award may not be contested by any means of appeal except by annulment or setting-aside action before the Competent Court.
Are there any other bases on which an award may be challenged, and if so what?
An arbitral award may only be challenged by way of setting-aside.
The Qatari Arbitration Law sets out limited grounds for setting aside an arbitral award. An application for setting aside an award shall not be accepted unless the applicant furnishes proof of the following:
A court may consider of its own initiative 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 departure from fundamental notions of procedural justice and a serious violation of laws intended for the benefit of society. Public policy or public order is a concept often construed widely.
Unless otherwise agreed between the parties, the competent court may stay the proceedings before it upon the request of one of the parties, for such period that the court will determine if it finds it convenient to grant the arbitral tribunal the chance to complete the arbitration proceedings or to take any other procedure that the arbitral tribunal deems necessary to eliminate the grounds for annulment.
The QFC Arbitration Regulations uses 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 QFC Arbitration Regulations, there appears to be no distinction between these two terminologies.
Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?
It is not permissible for the parties to agree to waive the right to file an annulment action.
Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?
Annulment of an arbitral award is a ground for refusal of enforcement under both the Qatari Arbitration Law and the QFC Arbitration Regulations. Although according to the wording used in the QFC Arbitration Regulations and the English translation of the Qatari Arbitration Law – ie, ‘may’ – the courts can enforce the annulled arbitral awards. The authors are not aware of any jurisprudence on this issue.
What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?
As noted in question 15, publicly available 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 what decision a court would take on any given issue in the future. While brief reports of some cassation court decisions are published from time to time, there is no comprehensive reporting of court decisions.
Nevertheless, it is known that arbitration in Qatar in recent years has experienced significant growth, among both domestic and international users. There is an upward trend in the number of arbitration proceedings conducted in Qatar, in many of which at least one party is based outside Qatar.
Arbitration is particularly popular in the construction, infrastructure, real estate, IT, energy and banking sectors. It is increasingly becoming the norm and sometimes even a condition when contracting with Qatari companies that the contracting parties agree to resolve their disputes through arbitration conducted under the auspices of a local or international arbitration centre.
There are limited publicly available statistics on institutional and ad hoc arbitrations seated or enforced 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 not cover every arbitration seated in Qatar in those years, they still give a clear sense of how vibrant the Doha arbitration market remains at present.
To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?
With regards to the immunity of foreign states and foreign state entities, Qatar acceded to the Vienna Convention on Diplomatic Relations (Vienna Convention) on 6 June 1986. Under article 22(3) of the Vienna Convention, the premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
With regards to the immunity of the State of Qatar and state entities, the Civil Code (Qatar Law No. 22/2004 promulgating the Civil Code) stipulates that the movable and immovable property of the state or public juristic persons that is allocated for a public benefit are deemed to be public funds and such funds may not be disposed of, attached or acquired (unless for a public benefit).
The Public and Private State Property Law provides that the government may, under agreement or pledge, waive the immunity from execution for its public or private funds that are either invested in financial, commercial or industrial activities or deposited in the banks and the existing contractual terms in this regard are valid.
To what extent are arbitral proceedings in your jurisdiction confidential?
The Qatari Arbitration Law does not expressly require arbitration proceedings to be confidential. However, it prohibits the publication of the arbitral award or any parts thereof without the consent of the parties to the arbitration. This prohibition applies to all persons involved in the arbitral proceedings, including the parties, the arbitrators, or any other person. In the authors’ experience, parties – if not already agreed in the arbitration clause or provided for in the Institutional Rules – generally agree on confidentiality provisions in the early stages of arbitration proceedings.
The QFC Arbitration Regulations do not contain a confidentiality provision.
In the authors’ experience, parties tend to agree on keeping the arbitration proceedings confidential (or otherwise) in the early stages of arbitration.
What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?
In the authors’ experience, parties usually agree on keeping arbitration proceedings confidential in the early stages of arbitration thus unless they have opted for institutional rules that provide otherwise or there is an application to the competent court in relation to those proceedings, the evidence produced or pleadings filed in the arbitration may not be relied on in other proceedings. General proprietary rights, trade secrets or intellectual property rules may also apply.
What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?
The Qatari Arbitration Law does not provide for a set code of ethics for counsel or arbitrators. However, it provides that the arbitrator shall not be held liable for exercising his or her duties as an arbitrator unless he has done so in bad faith, through collusion or with gross negligence.
The ethical and professional standards applicable to all lawyers admitted to practise before the Qatari courts are set out in the Code of Law Practice (23) of 2006, under which lawyers must act in compliance with rules ethics, integrity, honour and honesty in both their professional and personal conduct and shall perform all the duties 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 and professional standards that apply are the standards of the respective jurisdictions where they were admitted.
The QFC has published a Legal Services Code at Part 6 of the QFCA Rules, which applies to all legal service firms and QFC lawyers. This code applies a common set of standards, including client care, confidentiality and conflicts.
Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?
Aside from the mandatory procedural rules applicable for arbitration proceedings, which are set out in this chapter, there are to the best of our knowledge no particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in Qatar should be aware.
Is third-party funding permitted in your jurisdiction? If so, are there any rules governing its use (such as a requirement to disclose the existence and identity of funders to the other parties and tribunal) ?
Both the Qatari Arbitration Law and the QFC Arbitration Regulations are silent in respect of third-party arbitration funding. There are no professional litigation funders in Qatar. The authors are aware that there are always some claimants looking for third-party funding options but third-party funding is still uncommon in Qatar. Such funding is permitted when the institutional rules chosen by the parties permit it.
This article was first published on Global Arbitration Review in June 2025; for further in-depth analysis, please visit the GAR Know-how Commercial Arbitration.
Co-Authors
Mathew Walker, K&L Gates LLP
Burak Eryigit, K&L Gates LLP