1.1 Advantages

As well as the common advantages to arbitration which are often discussed, arbitration in the state of Qatar possesses these advantages:

• Efficiency and flexibility. Qatar encourages efficiency and flexibility. This has even been incorporated into several of the augurated laws. The Qatar International Centre for Conciliation and Arbitration (QICCA) offers procedural flexibility.
• Confidentiality. Qatar’s legal framework supports private arbitration, protecting sensitive information.
• Enforceability of awards. Qatar is a party to several international conventions and treaties, such as the New York Convention 1958, the Riyadh Arab Agreement for Judicial Cooperation 1983, the Arab League Convention on Commercial Arbitration 1987, and the ICSID Convention. Being a party to these conventions and treaties, Qatar is constitutionally required to respect and implement all international agreements and conventions. Additionally, the Qatari Arbitration Law No. 2 of 2017 (Arbitration Law) entails that it does not contradict or take over any conventions or treaties that Qatar is part of, thus making Qatar an arbitration-friendly state. Furthermore, Qatar has enacted a new law, No. 4 of 2024 (New Enforcement Law), on the judicial enforcement of awards to facilitate the enforcement and execution of arbitration awards, among other things.
• Party autonomy. Qatar-based arbitration allows parties to choose arbitrators with expertise suited to their dispute, enhancing decision quality. As long as the parties’ agreement is achieved, there is no restriction on the selection of arbitrators.
• Limited grounds for setting aside arbitral awards. In Qatar, as per Article 33(1) of the Qatari Arbitration Law No. 2 of 2017, arbitral awards cannot be appealed. A party can only apply to set aside an arbitral award, even if it is limited to narrow grounds, for example in the case of award-determined matters beyond its scope or due to an error in the arbitration proceedings.

1.2 Disadvantages and common pitfalls

Despite the commonly known disadvantages of arbitration, which usually include the fact that arbitration can be costly in comparison to the standard litigation process, other challenges that may be faced in Qatar are:

• Enforcement challenges on the grounds of public policy: despite New York Convention adherence, public policy can sometimes be a barrier to enforcement. The definition of “public policy” provided by the Court of Cassation (Qatar Court of Cassation Case No. 348 of 2015) remains extremely broad, which may cause some challenges during the enforcement of the awards.
• Additionally, the Qatari Arbitration Law No. 2 of 2017 does not provide express grounds for a party to apply for interim measures, despite the fact that the Rules of QICCA (Article 27 of the Qatar International Centre for Conciliation and Arbitration – Arbitration Rules) allows the parties to request interim and/or conservatory measures.

1.3 Distinctive features

Qatar encompasses two arbitration frameworks. The first is the arbitration framework provided under Law No. 2 of 2017, and the second is the Qatar Financial Centre Arbitration regulations, which is a second onshore jurisdiction. Both frameworks are based on the UNICTRAL Model Law. While the latter provides more clarity on issues concerning interim awards, confidentiality and virtual hearings etc., there is no contradiction between the two frameworks; on the contrary, they provide more flexibility and ensure Qatar’s arbitration stance.

2.1 Legal framework

The Qatar Arbitration Law (Law No. 2 of 2017) is the main legal framework for arbitration. It adopts the UNCITRAL Model Law as a basis. The law covers procedural standards, arbitrator appointment, and award enforcement. Besides the above, Law No. 4 of 2024 on the enforcement of the Awards provides important grounds for the execution of the arbitration awards and the recognition of awards.

2.2 What qualifies under domestic law as “international arbitration”? Is there a specific statute?

According to Article 2(1) of the Qatari Arbitration Law, for an arbitration to be considered “international”, it must involve a dispute related to international trade and meet certain criteria:

• The parties to the arbitration agreement have their principal places of business in different countries.
• The parties to the arbitration agreement all have their principal places of business in the same country, but one of the following is located outside that jurisdiction:
  • the subject matter of the dispute under the arbitration agreement relates to more than one country; or
  • the parties agree to refer their dispute to a permanent arbitration institution, wherever that institution’s head office is located.

2.3 Ratification of the New York Convention

Qatar ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards on 30 December 2002 without any reservation to the Convention. Qatar Arbitration Law also applies without prejudice to any other treaties or conventions entered by the State of Qatar. This facilitates the enforcement of international arbitral awards in Qatar and the enforcement of Qatari awards in other contracting states.

2.4 Ratification of the ICSID Convention

By way of an Emiri Decree No. 5 of 2011, Qatar has ratified the ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States, demonstrating its commitment to investor-state dispute resolution.

2.5 Other treaties relating to arbitration

Qatar is a party to several other commercial and dispute resolution treaties and conventions, such as:

• The Riyadh Arab Agreement for Judicial Cooperation, 1983.
• The Arab League Convention on Commercial Arbitration, 1987.
• The Gulf Council Convention for the Execution of Judgments, Delegations, and Judicial Notifications (GCC Convention), 1996.

2.6 Choice of forum for intra-EU dispute settlement

The choice of forum for intra-EU dispute settlement is not directly applicable to Qatar as it is not a member of the European Union. However, Qatar maintains close economic ties with EU members and actively participates in international dispute resolution forums.

2.7 Is the municipal law governing arbitration based on UNCITRAL Model Law?

The municipal law governing arbitration in Qatar is Law No. 2 of 2017. This law is based on the UNCITRAL Model Law on International Commercial Arbitration, ensuring compatibility with international standards and best practices.

2.8 Recent amendments or reforms in arbitration laws

The two most recent reforms in arbitration law are:

• The enactment of Law No 4 of 2024 on enforcing the awards. This provided extensive clarity on the enforcement and execution of arbitral awards.
• The amendments introduced to the Qatar Financial Centre (QFC) Arbitration Regulations, which took effect on 1 September 2024. These amendments introduced detailed rules with respect to the interim awards, confidentiality and virtual hearings and electronic communications.

3.1 Presence of local arbitration institutions

Qatar has several arbitration institutions. The key institutions in Qatar include the Qatar International Centre for Conciliation and Arbitration (QICCA) and the Qatar International Court and Dispute Resolution Centre (QICDRC).

3.2 Does the London Court of International Arbitration (LCIA) have a local office?

The LCIA does not have a standalone office in Qatar. However, parties can still choose to administer their arbitration under the LCIA Rules while holding the proceedings in Qatar.

3.3 Does the Permanent Court of Arbitration (PCA) have a local office?

Qatar does not have a dedicated PCA office; however, PCA-administered cases are recognized under Qatari law and the PCA signed a corporation agreement with the QICCA that allows the PCA to hold hearings and meetings in the facilities of the QICCA, as well as to receive assistance with the arrangement of local support services for such events.

3.4 Does the ICC International Court of Arbitration have a local office?

The ICC International Court has a local office in Qatar and a court representative.

3.5 Does the International Centre for Dispute Resolution (ICDR) have a local office?

Qatar is a party to a cooperative agreement with the ICDR-AAA (American Arbitration Association) with the intent of promoting the advancement of arbitration, mediation, and other forms of alternative dispute resolution (ADR).

3.6 Agreement entered into with local offices of international arbitration institutions

The QICDRC has entered into several agreements and partnerships, including  with the Chartered Institute of Arbitrators (Ciarb – Qatar Branch), the courts and tribunal judiciary, Jus Mundi, LexisNexis and the International Consortium of Court Excellence (ICCE).

Likewise, the QICCA has cooperation agreements with various international arbitration institutions, facilitating procedural integration for cross-border disputes. The QICCA has a memorandum of understanding (MoU) and agreements with institutions such as the ICCA and regional bodies such as the GCC Commercial Arbitration Centre. These MoUs can cover areas such as joint conferences and training programs, and exchange of information and best practices. Besides that, QICCA also has a cooperation agreement with the Ciarb.

4.1 Requirements as to content and form

As per Article 7(3) of the Arbitration Law, an arbitration agreement must be in writing; otherwise it shall be invalid. The written agreement can be a separate document or part of a larger agreement (Article 7(5)). The agreement should clearly express the parties’ intentions to submit disputes to arbitration and define the scope of disputes covered. It is also recommended to specify the seat of arbitration, the number of arbitrators, and the language of the proceedings.

4.2 Validity of arbitration agreements

For an arbitration agreement to be valid, the following conditions must be satisfied:

• Capacity. Parties must have the legal capacity to enter into the agreement. This means they must possess the mental capacity to understand the consequences of consenting to arbitration.
• Legal entities. For legal entities (companies, organizations), the individual signing the agreement must have the authority to bind the entity to arbitration.
• Government entities. Agreements involving government entities might be subject to restrictions or require additional approvals to safeguard state interests.
• Arbitrability. Under Qatari law, the subject matter of the dispute must be arbitrable. Generally, most commercial matters are arbitrable, but disputes related to personal status (marriage, divorce), criminal matters, and certain issues of public policy might be excluded.

4.3 Special formalities

There is no specific formality required other than the parties’ agreement having to be in writing to ensure that the parties consent to arbitration. Otherwise, any drafted arbitration agreement should be valid as long as the party’s intention is evident.

Additionally, formal ministerial or official approval may be required for agreements involving public sector entities, ensuring adherence to state policies.

4.4 Governing law

The governing law of the arbitration agreement itself is typically the law of the seat of arbitration unless the parties specify otherwise. This governing law of the State of Qatar is Law No. 2 of 2017.

5.1 Applicable restrictions

Qatar adopts a broad approach to arbitrability, allowing most commercial and contractual disputes to be resolved through arbitration (Article 2 of the Arbitration Law). However, certain matters are excluded from arbitration, including:

• Personal status. Disputes relating to marriage, divorce, child custody, and inheritance are generally considered non-arbitrable.
• Criminal cases. Criminal offenses are not subject to arbitration.
• Public policy and sovereignty. Disputes that significantly impact public policy, state sovereignty, or national interests may be excluded from arbitration.

6.1 Stay of proceedings

As per Article 8 of Law no. 2 of 2017, if a party subject to an arbitration agreement initiates court proceedings, the court shall decide not to accept the case if the opposing party upholds the existence of an arbitration agreement - unless the arbitration agreement is invalid. Qatari courts generally recognize and uphold arbitration agreements if the agreement is valid and the opposing party requests the court to maintain the agreement between the parties.

6.2 Anti-suit injunctions

Qatari law does not have a specific provision for anti-suit injunctions to restrain a party from pursuing court action in another jurisdiction in violation of an arbitration agreement.

7.1 Restrictions on the parties’ freedom to choose arbitrators

As per Article 11 of the Arbitration Law, the only specific restriction on the choice of arbitrators in the state of Qatar is the mandate that the arbitrators should be approved and registered in the registry of arbitrators.

Otherwise, as long as the arbitrator has full capacity and has not been convicted of a felony or involved in any moral turpitude, there are no further requirements. An arbitrator can be of any nationality.

The parties have significant freedom to determine the number of arbitrators and the process for their appointment. If the parties do not specify the number, the default is three arbitrators. Each party appoints one, and those two arbitrators then select the third, who typically acts as the presiding arbitrator.

7.2 Requirement of arbitrator independence and impartiality

Qatar’s Arbitration Law Article 11(3) emphasizes the importance of arbitrator independence and impartiality. The arbitrators are required to disclose in writing when they are approached, in addition to any circumstances likely to give rise to doubts as to their impartiality or independence.

Likewise, QICCA Arbitration Rules Article 12 requires the arbitrators to disclose any information or circumstances likely to give rise to justifiable doubts about their independence and neutrality. This obligation is not extinguished once the arbitrator is appointed; in fact, it continues throughout the arbitration procedure.

7.3 Mandatory rules applicable to the appointment process

The parties can agree on the process for appointing arbitrators as long as Article 11 of the Arbitration Law is satisfied in the appointed arbitrators and the appointed arbitrator is registered in the registry of arbitrators at the ministry. The parties can opt to select any arbitrator of their own choice, nationality, expertise, and so on.

7.4 Appointment mechanism in the absence of party agreement or applicable institutional rules

If there is no agreement between the parties, Article 11(5) of the Arbitration Law sets out the process:

• For a sole arbitrator, if the parties do not agree on an arbitrator within 30 days of a written notification to do so, any party may request that the other authority or the competent court make the appointment.
• For an arbitration tribunal comprising three arbitrators, each party shall appoint one arbitrator, and those two arbitrators will appoint a third arbitrator. If a party fails to appoint an arbitrator within 30 days of a request to do so, or if the two appointed arbitrators do not agree on a third arbitrator within 30 days of the last appointment, the other authority or the competent court shall make the appointment at the request of one of the parties.
• If the parties opt to adapt the Arbitration Rules of QICCA, Article 10 of the Arbitration Rules shall be applicable. The mechanism provided under this Article is similar to that of Article 11(5) of the Arbitration Law, with the exception that if any of the parties appoint the arbitrators within 30 days of the notification, the arbitrator shall be appointed by the Committee. This committee refers to the Committee of Conciliation and Arbitration as appointed by the Chamber’s Board of Directors.

7.5 Mandatory rules applicable to the replacement process

Article 12 of the Arbitration Law provides that an arbitrator shall not be replaced unless there are circumstances that may give rise to justifiable doubts about the arbitrator’s impartiality and independence. However, none of the parties shall remove the arbitrators that it appointed unless there are reasons that it became aware of after its appointment.

On the other hand, Article 13 of the QICCA Arbitration Rules provides that in the event that an arbitrator fails to act or there is de facto impossibility of them performing their functions, or in the event that they deliberately delay the commencement or the continuation of the arbitral proceedings, the said arbitrator may be removed, at the request of a party, by a final decision of the Committee. Other applicable articles are Articles 9-12 and Article 15 of the QICCA Arbitration Rules.

7.6 Mandatory disclosure obligations

The disclosure obligation is mandated under Article 14 of the Arbitration Law and Article 12 of the QICCA arbitration rules. When approached with their appointment, an arbitrator must disclose any circumstances that may give rise to doubt about their independence or impartiality. This is an ongoing obligation and continues to apply after the arbitrator is appointed and throughout the arbitration procedure.

7.7 Grounds for challenge

An arbitrator can be challenged if circumstances give rise to doubt about their impartiality or independence per Article 14 of the Arbitration Law.

Articles 13 and 14.1 of the QICCA Arbitration Rules provide that the grounds for challenge of the arbitrators are either if there appear to be circumstances that give rise to justifiable doubts as to the arbitrators’ impartiality or independence, or if an arbitrator fails to act, or in the event of de jure or de facto impossibility of them performing their functions, or in the event that they deliberately delay the commencement or the continuation of the arbitral proceedings.

7.8 Mandatory rules governing the challenge of arbitrators

The parties can agree on the challenge procedures. If there is no agreement, a written request for removal must be submitted to the Arbitral Tribunal within 15 days of the party requesting removal, becoming aware of the circumstances justifying removal. If the arbitrator does not recuse himself/herself, or if the other party does not agree to removal, the removal request will be referred to the other authority or the competent court.

7.9 Removal

Article 13 of the Arbitration Law governs the removal of the arbitrators. This article provides that the parties may agree on the removal procedure. In contrast, in the absence of such an agreement, a written request for the removal of the arbitrator shall be submitted to the Arbitral Tribunal, stating the reasons for the removal or the circumstances justifying a removal. If the arbitrator whose removal is requested does not recuse themself, or if the other party does not agree to the request for removal, the removal request shall be referred to the other authority or the competent court.

7.10 Liability and immunity of arbitrators

Pursuant to Article 11(11) of the Arbitration Law, an arbitrator shall not be liable for exercising their duties as arbitrator unless they have done so in bad faith, collusion, or gross negligence. Likewise, Article 17 of the QICCA Arbitration Rules provides the same requirement.

8.1 Interim measures

8.1.1 Overview of interim measures

Article 17 of the Arbitration Law allows the Arbitral Tribunal to issue interim measures upon the application of either party. These interim measures include the application of provisional measures or interim awards for the purpose of preventing irreparable harm in the form of any of the following measures:

• maintaining or restoring the status quo pending determination of the dispute;
• adopting a measure to prevent the occurrence of current or imminent damage or preventing procedures that may result in damage or prejudice;
• providing a means of preserving the assets by which later awards may be executed; and
• preserving evidence that could be important or material to determine the dispute.

The Arbitral Tribunal may require the party requesting the interim measure to submit sufficient security for cost.

The Arbitral Tribunal may amend, stay, or cancel any provisional measure it has ordered or an interim award it has issued, either on the application of one of the parties or on its own motion when necessary.

Upon the issuance of interim measures, the party in whose favor the order for provisional measures or an interim award is issued may, after it obtains written permission from the Arbitral Tribunal, request the competent judge to order the enforcement of the order or award issued by the Arbitral Tribunal.

Article 27 of the QICCA Arbitration Rules also allows a party to request from the Arbitral Tribunal to order interim or conservatory measures. In addition, before the composition of the Arbitral Tribunal, a party may request that the competent court grant the same measures.

8.1.2 Relevance of availability of emergency arbitrator mechanism

Neither Qatar’s law nor the QICCA Arbitration Rules provide explicit provisions for appointing emergency arbitrators. However, Article 27 of the QICCA Arbitration Rules allows a party to request that the competent court grant the interim measures before the appointment of the Arbitral Tribunal.

8.2 Taking of evidence

As per Article 24 of the Arbitration Law, each party may appoint one lawyer or more to represent them and may seek the assistance of experts or translators. Hearing sessions shall also be conducted to hear all witnesses and experts.

The Arbitral Tribunal may, at any time, request proof from any party that establishes the capacity bestowed upon its representative in accordance with the form required by the law or determined by the Arbitral Tribunal.

The Tribunal can also appoint one or more experts to submit a report, either orally or in writing, concerning specific matters.

8.3 Appointment or challenge of arbitrators

The parties are free to agree on the procedure for appointing arbitrators; in the absence of the party’s agreement, Article 11(5) of the Arbitration Law sets out that upon the request of any party, the other authority or the competent court shall make the appointment.

An arbitrator can be challenged if circumstances give rise to doubt about their impartiality or independence per Article 14 of the Arbitration Law. In this case, the other authority or the competent court may order that the challenged arbitrator’s duties be terminated on the application of any party.

8.4 Other available assistance

The competent court may, upon deciding to remove the arbitrator, determine the fees and expenses of the arbitrator.

9.1 Domestic scope of sovereign immunity from jurisdiction

Qatar upholds state immunity principles, particularly for diplomatic or sovereign activities. State entities may waive immunity in specific cases, such as commercial disputes, to support investment-friendly arbitrations.

9.2 Immunity from execution

Execution against state property and/or public legal persons, which has been allocated for public benefit, cannot be disposed of, attached, or acquired by prescription (Article 57, Qatari Civil Code). Therefore, these property/personnel are immune from execution measures.

There is no list of minimum procedural requirements provided to be achieved. The parties can agree on any procedural requirements to be applied. However, the Tribunal needs to ensure that the parties are treated equally and are provided with a full and equal opportunity to present their claim, defenses, and pleas. This includes any witnesses to be heard and any expert report to be allowed to be considered.

The presentation of the claims would generally be by having the claimant submit a statement of claim. The respondent will then submit a statement of defense; however, if the respondent fails to submit a statement of defense, the Arbitral Tribunal shall continue the proceedings (Article 25 of the Arbitration Law). A hearing session shall be conducted to allow the parties to present their cases and witnesses, and the arbitral proceedings shall continue even if any of the parties fail to attend.

The extent of confidentiality in arbitration in Qatar is a challenging issue. Arbitration is typically confidential, and the parties are not required to disclose any information to the public during arbitration proceedings. However, as for the enforcement of an award, a party seeking to enforce an award must submit the original award or a certified copy as part of its application for enforcement (Article 34(2) of the Arbitration Law). Regardless of whether the arbitral proceedings were conducted confidentially or not, once a party seeks enforcement of an award in the Qatari courts, the proceedings are public unless the court orders otherwise. The position is the same under the New Enforcement Law.

12.1 Requirements as to content and form

As per Article 31 of the Arbitration Law, for an award to be valid and binding, the following must be considered:

• The award must be made in writing and signed by the tribunal (if the tribunal comprises more than one arbitrator, the signature of the majority of the arbitrators suffices, provided that the reason for the omitted signature is stated in the award).
• Include a summary of the requests for relief and submissions made by the parties.
• State the reasons on which the award is based.
• State the names of the parties and their addresses.
• State each arbitrator’s name, address, nationality, and capacities.
• Include a copy of the arbitration agreement.
• State the seat of arbitration and the date the award was made.
• Fix the costs and fees of the arbitration and determine how these are to be allocated between the parties.

12.2 Time limit

The time limit for issuing an award can be agreed upon by the parties, and the Arbitral Tribunal shall issue the award and end the dispute within the agreed-upon time limit. However, if the parties did not agree on any time limit, then Article 31(5) of the Arbitration Law provides that the award shall be issued within one month following the conclusion of the proceedings. The Arbitral Tribunal is granted the capacity to extend the time limit, provided that it does not exceed one month, unless the parties agree otherwise and consent thereto.

12.3 Remedies

Arbitrators can award compensatory damages, specific performance, and declaratory relief. Punitive damages are uncommon in Qatari arbitration, aligning with regional standards.

The Arbitration Law is silent on the recoverability of legal costs from arbitrations in Qatar, so this may be subject to the Tribunal’s discretion in each case.

Post-award interest is also permissible in Qatar as compensation for delayed payment and is not contrary to public policy. The Court of Appeal Case No. 31 of 2019 upheld an award where the Arbitral Tribunal granted post-award interest at a rate of 5%, where the award was not satisfied within 30 days.

13.1 Interpretation and correction of awards

According to Article 32 of the Arbitration Law, a party may request the Arbitral Tribunal to correct any errors in computation or typographical errors, or give an interpretation of a specific point or part of the award. If the Tribunal considers the request justified, it must make the correction or give the interpretation within seven days of receiving the request. The correction or interpretation then forms part of the final award.

13.2 Challenge of an award

Appealing an arbitration award in Qatar is not allowed by any means of appeal except by way of setting aside in accordance with the provisions of Article 33 of the Arbitration Law.

A party can apply to set aside a domestic Qatari award on one or more of the following grounds:

• Any party to the arbitration agreement was incompetent or under some incapacity at the time of concluding it.
• The party making the application to set aside was not given proper notice of the appointment of an arbitrator or the arbitral proceedings or was unable to present its defence for any other reasons beyond its control.
• The award has decided matters outside the scope of the arbitration agreement.
• The composition of the Arbitral Tribunal, the appointment of arbitrators, or the arbitral proceedings was not in accordance with the agreement of the parties.

13.3 Recognition and enforcement proceedings

Articles 34 and 35 of the Arbitration Law cover the recognition and enforcement of awards under the Qatari laws.

The New Enforcement Law provides that a request for enforcement will only be accepted after the expiry of the period specified for filing an action for annulment of the award, in accordance with the procedure established in the Arbitration Law.

An enforcement application must be submitted in writing to the competent judge together with a copy of the arbitration agreement and the original certified copy of the award.

As per Article 31 of the new Enforcement Law, a notification of the arbitral award must be delivered to the award debtor at its registered national addresses before the execution process can be initiated.

The winning party must submit to the Enforcement Court the required form for the purpose of execution, a copy of the arbitral award with a statement of its type, date, and issuing authority, and the requested execution measure, namely the procedure to be taken or the sum required to be paid.

13.4 Cost of enforcement

According to Article 29 of the New Enforcement Law, once the specified fee is paid, the execution request is registered. The request for execution is reviewed, and the required execution is verified. The cost of the enforcement is borne by the party applying for the execution, and to date the law has not specified the required fees.

13.5 Enforcement of orders of emergency arbitrators

Qatar’s law does not include any explicit provisions for appointing emergency arbitrators. However, all awards follow the same procedure for enforcement as described under Law No. 4 of 2024.

14.1 Process for enforcing New York Convention awards

Qatar ratified the New York Convention on 30 December 2002, and it entered the Convention without any reservations. This means that Qatar will generally enforce arbitral awards made in any other contracting state subject to the provisions of the New York Convention.

Article 2 of the Arbitration Law provides that the Qatari arbitration law applies without prejudice to any of the provisions of the international conventions in force in the State of Qatar. This includes the New York Convention, which Qatar ratified before enacting this law.

Additionally, Article 18 of the New Enforcement Law provides that enforcement of arbitration awards issued outside of the state of Qatar (including awards under the New York Convention) cannot be denied in Qatar unless they contradict public policy or the subject matter of the dispute is not capable of settlement by arbitration according to the laws of Qatar. Other than this, the enforcement of an award under the New York Convention would follow the same procedure for the enforcement of awards prescribed earlier.

14.2 Grounds for resisting enforcement of New York Convention awards

The New York Convention provides a limited number of grounds on which a court may refuse to recognize or enforce an arbitral award. These grounds are enshrined in Article V of the Convention and include:

• If one of the parties to the arbitration agreement was under some form of incapacity.
• If the arbitration agreement is invalid under the law to which the parties have subjected it.
• If a party was not given proper notice of the arbitrator’s appointment or arbitration proceedings or was otherwise unable to present its case.
• If the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration.
• If the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties.

The same principles are depicted in Article 35 of the Arbitration Law. Additionally, paragraph (2) of Article 35 provides that a competent judge can refuse to recognize an arbitral award if it contradicts public policy or the subject matter of the dispute is not capable of settlement by arbitration according to the laws of Qatar.

14.3 Enforcing non-Convention awards

Non-Convention awards are enforceable under Qatari law, though the process may require additional scrutiny to ensure compliance with procedural norms. Provided that Qatar is a party to another treaty or agreement for enforcing these awards, in this case, these international awards are treated in the same manner as any of the New York Convention Awards.

15.1 Applicable to counsel

Qatari law requires legal counsel to adhere to ethical standards, emphasizing client confidentiality, integrity, and professional conduct during arbitration.

15.2 Applicable to arbitrators

Arbitrators are expected to disclose conflicts of interest and avoid bias, following both Qatari legal standards and best practices of impartiality.

16.1 Applicable regulatory requirements

While Qatar does not explicitly regulate third-party funding, it is generally permitted. Any funding arrangement must align with public policy and transparency standards in arbitration.

16.2 Overview of the third-party funding market

Third-party funding is emerging in Qatar, especially in commercial and investment arbitration, though it is not as prevalent as in Western jurisdictions. Interest is growing due to the flexibility and financial support it provides to claimants.

17.1 Types of specialist arbitration

Qatar is known for construction, energy, and investment arbitrations. QICCA has expertise in these areas, and Qatar’s economic focus on infrastructure and natural gas fosters sector-specific arbitration.

17.2 Key legal principles

Contract interpretation and compensation principles are key in construction disputes, while bilateral investment treaties (BITs) govern investment arbitrations involving state entities.

17.3 Types of claim and defenses typically brought in that area

Typical claims include breach of contract, delay claims, loss of profits claims, and cost overruns in construction. Common defenses involve force majeure, non-performance and jurisdictional objections.

In addition, interest claims, whether pre-awards damages or post-awards, are common claims typically brought up in this area. It was advocated that internal claims be contrary to public policy. However, the Court of Appeal Case No. 31 of 2019 upheld an award for post-award damages.

17.4 Issues and strategic considerations to take note of

Parties should be aware of document disclosure standards, strict procedural deadlines, and the importance of expert witnesses in specialist arbitrations in Qatar.

Qatar’s main and most important recent development with respect to the arbitration forum is the enactment of the Enforcement Law. This law will streamline the enforcement of arbitral awards and provide clear procedures for enforcing awards on assets and other monetary and nonmonetary properties.

With respect to economic development, Qatar is thriving under the terms of its National Vision 2030. Significant investment has been made in the energy, oil and gas, and construction sectors.