Qatar Market Update - March 2017

In our March overview we consider the introduction of Law No 2 of 2017 (the New Arbitration Law) in Qatar. The law was enacted on 16 February 2017 and is due to come into force 30 days after its publication in the Official Gazette.

This is the first significant update to the State's arbitration law since 1990. The New Arbitration Law should remove any lingering doubts about Qatar's approach to enforcement of arbitral awards, making arbitration a credible alternative to the local courts.

Ten things you should know about the new Arbitration Law

Under the old law, arbitration agreements must be made in writing; under the New Arbitration Law, this will now include electronic communications. Public entities must obtain authority from the Prime Minister to arbitrate disputes arising from administrative contracts. The Ministry of Justice will maintain a list of approved people who can act as arbitrators; the New Arbitration Law sets out qualifications that must be satisfied if parties wish to nominate an arbitrator who is not on the Ministry's list. The Tribunal's decision on its jurisdiction may be challenged during the arbitral proceedings. Within 30 days of the ruling the parties may appeal to the relevant court in Qatar (or the authority set out in the arbitration agreement). Arguably, this right of challenge compromises the Tribunal's autonomy to rule on its own jurisdiction. Arbitrators have the power to issue interim and precautionary measures. The relevant court in Qatar can be called upon to assist the Tribunal to obtain evidence. Awards can be enforced in the Court of...