Focus On Litigation ' Part Two: Litigation Proceedings

• Published date: 20 December 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation
• Law Firm: Sultan Al-Abdulla & Partners
• Author: Mr Michael Earley

This article is the second in a series of articles focusing on litigation in the State of Qatar ("Qatar") and providing high-level practical guidance and information on Qatar's legal structure, court system, and litigation proceedings. Anyone wanting to pursue a litigation claim through the courts of Qatar should seek professional legal advice prior to proceeding.

A party seeking to commence commercial litigation before the courts of Qatar will need to follow the rules provided for in Law No. 13 of 1990 promulgating the Civil and Commercial Procedure Law ("Civil Procedure Code") and its amendments, which are the main procedural rules governing commercial litigation.

Initiating Proceedings

Assuming a limitation period relating to a right has not passed, there are certain types of claims that may require notice to be served prior to initiating a lawsuit (such as a demand letter where the dispute relates to a debt). However, generally there are no formal pre-action requirements that all potential litigants must follow prior to submitting a claim before the Qatari courts.

Commencement of court proceedings is made through registering an application along with the initial case pleading. Upon registration of a case, the court sets a date for the first hearing during which the exchange of submissions can commence. The first hearing date usually falls on a date 3-4 weeks from the date of registering the case.

The proceedings are initiated by a litigant filing a claim in the relevant court office and paying any courts fees that may be required. Where the claim is for QR 100,000 or more, the fees will be QR 3,000 (which is the maximum amount of case registration fees for). The fees for smaller claims are usually calculated as a percentage of the value of the claim itself. Claims before the Court of Cassation incur a fee of QR 25,000 (QR 5,000 as a non-refundable registration fee, while QR 20,000 is a guarantee that can be refunded if the appellant wins the appeal), and claims before the Execution Court incur a fee of up to QR 1,000. The claim must (i) meet procedural requirements, (ii) include accurate names and addresses of the parties to the action, and (iii) include the factual details of the event leading to the claim.

The claim must:

• meet procedural requirements;
• include accurate names and addresses of the parties to the action; and
• include the factual details of the event leading to the claim.

Defendants are not required to respond to pre-action...