Arbitration Under Qatar Law
Arbitration is a dispute resolution procedure in which a dispute is submitted by agreement of the parties, to one or more arbitrators who make a binding decision in respect of the dispute. In choosing arbitration, the parties opt for private proceedings instead of, as is the case in many jurisdictions, the public court forum. Broadly, there are two types of arbitration, those with institutional rules, such as the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR) or the Qatar International Arbitration Centre (QIAC) and adhoc arbitrations. Adhoc arbitrations are those which are not administered by an institution and, therefore, the parties are required to determine all aspects of the arbitration such as the number of arbitrators, the manner of appointment of the arbitrators and the procedure.
The principle characteristics of arbitration are as follows:
1 Arbitration is consensual
Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause into a relevant agreement. Where there is no arbitration clause in an agreement, parties are able to agree, upon the occurrence of a dispute, to refer such a dispute to arbitration and will enter into an Arbitration Agreement.
2 The Arbitrators are chosen by the parties
The parties choose the arbitrator or arbitrators. Commonly, parties either elect to appoint a sole arbitrator or a three-member arbitral tribunal. In the latter case, each party will appoint one of the arbitrators and those appointed arbitrators will appoint a presiding arbitrator or chair. Where agreement is not forthcoming on the identity of a sole arbitrator or presiding arbitrator or chair, an institution or court is often involved in the appointment of this individual.
3 Arbitration is neutral
In addition to the selection of an arbitrator(s) of appropriate skill and experience, parties are able to choose important elements such as the applicable law, language or seat of arbitration. This allows them to ensure that no party enjoys a home advantage.
4 Arbitration is confidential
Most institutional rules specifically protect the confidentiality of the existence of the arbitration, and any disclosures made during that procedure and the award.
5 The decision of the arbitral tribunal is final
Valid awards issued by an arbitral tribunal in compliance with the institutional rules and the local law governing the procedure of the arbitration, are final and binding. There are limited rights of appeal. In many jurisdictions including Qatar, ratification by the local courts is required in order to enforce the award against...
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