Qatar International Court Dispute Resolution Centre [2024 Guide]

Summary of services provided in the QIDRC

The Qatar International Court Dispute Resolution Centre provides a range of very useful services to clients and prospective clients. A summary of these are set out below.

1. International court

The QICDRC has a court that handles a variety of cases, particularly those with an international dimension. This includes commercial disputes, civil matters, and other cases involving international parties.

2. QFC Regulatory tribunal

The QICDRC houses the Regulatory Tribunal for the Qatar Financial Centre (QFC), dealing with regulatory issues and disputes within the financial sector operating within the QFC.

3. Arbitration and mediation services

The QICDRC provides facilities and services for international arbitration and mediation to help parties resolve disputes outside of traditional court proceedings.

4. Alternative Dispute Resolution (ADR)

The centre promotes alternative dispute resolution methods, such as negotiation, mediation, and arbitration, to facilitate efficient and amicable resolution of disputes.

5. Legal training and education

The QICDRC may offer educational programs and training sessions on various aspects of international law, dispute resolution, and related topics. 6

6. International legal conferences and events

The centre may organise or host international legal conferences and events, providing a platform for legal professionals to exchange knowledge and experiences.

At Francis Wilks & Jones solicitors, we have the legal team with experience of running cases in the QICDRC and can assist whatever your enquiry.

The QICDRC mission & vision is to “facilitate and resolve civil and commercial disputes fairly and efficiently in accordance with internationally recognised best practice and with a firm commitment to the rule of law”.

The Qatar International Court and Dispute Resolution Centre has clear ambitions to become one of the leading dispute resolution centres in the world. In its own words, it wants to “to be recognised as the world’s leading forum for the resolution of international civil and commercial disputes.”

The QICDRC emphasises the following as key characteristics.

• Justice – to provide a fair working environment and equal opportunities.

• Teamwork – to work collaboratively to meet common goals.
• Integrity – the court states “we are transparent honest and ethical”.
• Service excellence – the court promotes fairness in process and excellence in service.
• Innovation – the court fosters creativity and new technology.

These core strengths are re-emphasised by the CEO’s message on the QICDRC website in which he states

“For over a decade, we’ve set out to uphold the rule of law and global best practices as a leading International Court, specialised in the resolution of civil and commercial disputes. Led by the principles of independence, impartiality, integrity and propriety, QICDRC is also a key contributor to Qatar’s onshore judicial system.

As our jurisdiction continues to expand, extending mediation and dispute resolution mechanism to individuals, businesses and other actors in Qatar and beyond, the Court continues to act with one leading goal in mind – to provide and enhance universal access to justice.

Our core values of justice, teamwork, integrity, service excellence, and innovation define QICDRC ’s approach to the work we do and the investments we make in the latest, state-of-the-art facilities and digital services. From global corporations to individuals with limited financial means, our swift, fair and cost-effective legal advice, assistance and representation remain accessible.

Our global orientation, supported by high-calibre, international judges from a range of civil and common law jurisdictions, underpins QICDRC ’s uncompromised contribution to foreign direct investment and economic growth, in line with Qatar’s long-term national development aspirations.”

It is clear that the Qatar International Court is looking to win significant new international business and position itself as a rival to the more established DIFC. Its emphasis on cost effective fair and efficient delivery of services is reemphasised by the President of the QICDRC’s message, which also talks about the accessibility and ease of use of the Qatar International Court.

The Qatar Financial Centre (QFC) was established in 2005, and now consists of the QFC court, the Regulatory Tribunal, the Regulatory Authority and the QFC Authority.

The QICDRC was established in 2009 pursuant to QFC Law Number 2. It was part of Qatar’s economic diversification efforts and part of their overall Qatar National Vision 2030 efforts.  It aimed to provide legal and regulatory services for local and international entities. In our excellent Guide, we will focus on the Qatar International Court, and the way in which litigation is conducted in it.

The QICDRC is stated to be “a world class court specialised in the resolution of civil and commercial disputes, and a Regulatory Tribunal tasked with hearing appeals raised against decisions of the QFC authority, the QFC regulatory authority and other QFC institutions”.

As the QICDRC website says, the QICDRC has a legal system based on the English common law. So whilst the law which the Court applies is the law of the QFC, that law itself is based on English common law principles. Decisions of the English courts are persuasive, and are routinely cited to the Court. The Court’s procedural rules take their inspiration from the English Civil Procedure Rules (see below).

The current President of the Court is the Right Honourable Lord Thomas of Cwmgiedd, the former Lord Chief Justice of England and Wales. The court boasts judges from round the world with significant expertise from jurisdictions including Kuwait, Qatar, the United Kingdom, Cyprus, Singapore, New Zealand and South Africa.  The QFC judiciary primarily compromises former High Court judges of England and Wales; the QFC court’s inaugural President was Lord Woolf, who was the Lord Chief Justice of England and Wales from 2000 until 2005.

Adversarial system

The QFC international courts use an adversarial method of litigation and is largely based on the judicial system of England & Wales. Each party has the opportunity to make written and oral submissions to the court, following which the court will make a determination based upon the evidence before it. This differs from the non-QFC courts in Qatar, which adopt an inquisitorial system, similar to that used in civil legal systems such as France and Italy, whereby the court takes an active role in investigating the facts of the case.

Litigants in the QFC court are bound by the QFC Civil and Commercial Court Regulations and Procedural Rules (the Procedural Rules) which outline the court’s procedures and how proceedings should be conducted in the QFC court.

Two tier system

The Court consists of a first instance circuit and an appeal circuit, with cases being heard in each circuit by three judges.

The first instance circuit has jurisdiction to hear disputes of the following nature:

• Civil and commercial disputes arising from transactions, arrangements, contracts taking place in or from the QFC between the entities established therein;

• Civil and commercial disputes arising between QFC authorities or institutions and the entities established therein;

• Civil and commercial disputes arising between entities established in the QFC and contractors therewith and employers thereof;

• Civil and commercial disputes arising from transactions, contracts or arrangements taking place between entities established within the QFC and residents of the state, or entities established in the state but outside the QFC.

Article 9 of the Qatar Financial Centre Civil and Commercial Court and Procedural Rules sets out the court’s jurisdiction:

9.1. The Court has jurisdiction, as provided by Article 8.3(c) of the QFC Law. in relation to:

9.1.1. Civil and commercial disputes arising from transactions, contracts, arrangements or incidences taking place in or from the QFC between the entities established therein;

9.1.2. Civil and commercial disputes arising between QFC Institutions and the other entities established therein;

9.1.3. Civil and commercial disputes arising between entities established in the QFC and contractors therewith and employees thereof, unless the parties agree otherwise;

9.1.4. Civil and commercial disputes arising from transactions, contracts or arrangements taking place between entities established within the QFC and residents of the State, or entities established in the State but outside the QFC, unless the parties agree otherwise.

9.2. Consistently and in accordance with fundamental international principles and international best practice, the Court will take into account the expressed accord of the parties that the Court shall have jurisdiction.

9.3. The Court shall also have jurisdiction in relation to any matter in respect of which jurisdiction is conferred on it by the QFC Law or QFC Regulations.

9.4. Any issue as to whether a dispute falls within the jurisdiction of the Court shall be determined by the Court whose decision shall be final. If the Court considers it desirable or appropriate, it may decline jurisdiction or may refer any proceedings to another Court in the State.

9.5. No appeal may be brought to the Appellate Division of the Court without the permission of the Court as set out in Section 35 below.

Article 9 Qatar Financial Centre Civil and Commercial Court and Procedural Rules outlines that the QFC court has jurisdiction to hear any civil dispute involving a QFC licenced body, regardless of the location of that party, and that it will take into account whether the parties expressly agreed that the court would have jurisdiction prior to the dispute.

The QFC has a number of partnerships throughout the world to provide the necessary framework and services to a wide range of individuals companies and other entities. These include as follows:

• Jus Mundi – this is an AI leading company with a mission to power global justice. It aims to harness advanced AI to democratise legal knowledge and offer global arbitration intelligence, data-driven arbitration professional search and business development to “connect legal ecosystems”. They have an extensive network of over 550 global clients. They also work in collaboration with leading institutions such as the ICC, QICDRC , ICDR, and HKIAC.

• The Chartered Institute of Arbitrators (CIArb) – this is a global hub of 16,000 professionals in dispute resolution. In December 2017, the DICDRC signed a Memorandum of Understanding (MoU) with the Chartered Institute of Arbitrators. The aim is to develop training programs in arbitration, mediation and adjudication to promote alternative dispute resolution in Qatar.

• Lexis Nexis – this is the leading global provider of legal, regulatory and business information and analytics that delivers powerful new decision tools by applying machine learning, natural language processing, visualisation, and artificial intelligence to its global legal database. It has its own Middle East & North African section.
• Courts and Tribunals Service of England & Wales. In June 2023 the QICDRC signed a Memorandum of Guidance with the Commercial Court of England & Wales.  This is to help with the enforcement of money judgments in England & Wales.  

• The International Centre for Settlement of Investment Disputes at the World Bank (ICSID).  This is the world’s leading institution devoted to international investment dispute settlement. Amongst its many achievements, the ICSID has acted in the majority of international investment cases since it was established 1966. ICSID entered into an Agreement on General Arrangements with QICDRC in June 2019 and allows the possibility of holding ICSID hearings at QICDRC ’s facilities. This was a huge boost and reinforced the ICSID’s global presence.
• Hamad Bin Khalifa University – The Court signed a three-year agreement with HBKU’s College of Law. It also carries out joint lectures, conferences, colloquia, workshops, and invites regular guest lectures.

• The International Consortium of Court Excellence (ICCE). In 2019, the QICDRC adopted the ICCE framework – which enables it to deliver “scalable and sustainable change for a holistic improvement to the quality of court services in Qatar”.

• SIFoCC– The Standard International Forum of Commercial Courts . Amongst its many achievements, the SIFoCC published a Memorandum on ‘Delivering Justice during the Covid-19 pandemic and the future use of technology’, which explored ways in which fair and open justice could be maintained during the pandemic.  Established in 2017, the SIFoCC aims to bring together the world’s commercial courts in a forum that takes place every 12-18 months. The Qatar International Court has been a member of SIFoCC since its inception.

• Qatar University College of Law (LAWC). In February 2016, the Court signed an agreement with LAWC to “establish a collaboration on legal and judicial training, professional development, professional development programmes, subsidiary courses as well as joint conferences, symposia, seminars, workshops, and research projects”.
• QSAF – The Qatar Sports Arbitration Foundation. In March 2018, the QICDRC signed a Memorandum of Understanding with the Qatar Sports Arbitration Foundation to “promote alternative dispute resolution in the sport sector”.
• Supreme Court of Singapore. In October 2017, the QICDRC and the Supreme Court of Singapore signed a Memorandum of Understanding (MoU) for judicial cooperation and knowledge-exchange, as well as an agreement on the implementation of financial provisions between the two courts.

• Ministry of Public Health.        In line with Qatar National Vision 2030, the Court also signed a Memorandum of Understanding with the Ministry of Public Health in January 2020 to promote a safe and healthy lifestyle for the Court’s employees.

There is also a formal body, the User Committee, which has been established to formally advise the QICDRC to help it achieve its mission to “become the best internationally recognised forum for international civil and dispute resolution”.

The committee has a range of functions and will, amongst other things:

• Comment on policy and/or legal proposals from the QICDRC .
• Proactively provide feedback to the QICDRC on services that it provides.
• Proactively identify and suggest changes to policies or procedures.

A list of the current members can be found at the following user committee link.

The overall structure of the QICDRC is that it is an independent judiciary which is comprised of both civil and commercial courts together with a Regulatory Tribunal which specialises in only regulatory appeals.

The Qatar International Court itself prides itself as being a “world class civil and commercial court”. It sources its judges from around the world and they are all extremely experienced. It is backed with state-of-the-art technology and many of the hearings take place virtually which is of significant benefit to individuals who may be unable to attend court or living in countries outside Qatar.

The court itself is serviced by the registry team which is headed up by Umar Azmeh.  This team helps with all aspects of case management and is there to assist litigants and users of the court system in any way they require in order to facilitate the smooth running of their cases.

This can be found primarily in Article 83C of the QFC law which states as follows

c/1- Civil and commercial disputes arising from transactions, contracts, arrangements or incidences taking place in or from the QFC between the entities established therein.

c/2- Civil and commercial disputes arising between the QFC authorities or institutions and the entities established therein

c/3- Civil and commercial disputes arising between entities established in the QFC and contractors therewith and employees thereof, unless the parties agree otherwise.

c/4- Civil and commercial disputes arising from transactions, contracts or arrangements taking place between entities established within the QFC and residents of the State, or entities established in the State but outside The QFC, unless the parties agree otherwise.

c/5 Civil and commercial disputes related to other entities, which are assigned to it by law.

Article 44 of Law No 15 of 2021 (amending Law No 34 of 2005 relating to the Qatar Free Zones) gives the Court jurisdiction to determine disputes relating to the Qatar Free Zones in a fashion similar to the provisions of the QFC Law set out above.

Law No 2 of 2017 issuing the Arbitration Law in Civil and Commercial Matters provides parties with an option to agree on the “Competent Court” of the arbitration as defined in Article 1

The QICDRC Regulatory Tribunal specialises only in appeals Those are appeals commonly by individuals or corporate bodies against decisions made in the QFC Authority, the Regulatory Authority or other institutions within the QFC.

This appeal body is again staffed by respected international legal and judicial regulatory experts and is independent. As with the Courts, the QFC Regulatory Tribunal is supported by the Registrar and his team when it comes to any aspect of case management or assisting litigants or appellants as part of their appeal process.

The QICDRC Regulatory Tribunal‘s jurisdiction is set out in Article 8(2)(c) of the QFC law which provides that “the Regulatory Tribunal shall have the jurisdiction to hear Appeals raised by individuals and corporate bodies against decisions of The QFC Authority, The Regulatory Authority, other QFC institutions, and other entities over whose disputes jurisdiction given to the Regulatory Tribunal by law.”

Article 14 of Law No 15 of 2021 additionally empowers the Regulatory Tribunal to hear appeals relating to a decision to revoke or suspend the licenses of registered companies operating within the Qatar Free Zones.

Our expert team at Francis Wilks & Jones is able to assist any party to a claim on the key legislative provisions as set out below.

• Law number 7 of 2005.
• Law number 2 of 2017 – issuing the law of arbitration in civil and commercial matters.
• Law number 34 of 2005 on free zones.

The key regulations to be considered by possible parties to a claim include:

• Judicial code of conduct.
• Regulations of the court.

There are a number of key practice directions in place at the QFC and these include:

• Practice Direction 1 of 2003 – access to documents and confidentiality published July 2023.
• Practice Direction 1 of 2022 – small claims (1 February 2022).
• Practice Direction 1 of 2019 – attendance by witnesses (4 July 2019).
• Practice Direction 2 of 2019 – summary judgment (4 July 2019).
• Practice Direction 1 of 2021 – permission to appeal applications (references to bundles).
• Practice Direction 2 of 2021 – matters relating to electronic filing and service of documents.
• Practice Direction 3 of 2021 – award of post judgment interest by the court.

For further information or assistance with regard to any of these Practice Directions, our expert team is here to help you.

There are a number of very helpful guidance notes and forms available for any potential litigant or applicant thinking of bringing a claim in the QIFC. As with all court forms and guidance notes, we would highly recommend that you retain a firm of expert solicitors to help you understand these and our team at Francis Wilks & Jones is here to help. In summary, the available forms are as follows:

• Application notice.
• Respondent’s notice.
• Claim form.
• Defence and counterclaim.
• Reply to defence and counterclaim.
• Permission to appeal notice and appeal notice.

As part of its excellent library of information for users of the QFC there is a very helpful user guide to the Qatar Financial Centre Civil and Commercial Court which was published in December 2023.

This provides an excellent summary of the QFC but we would still strongly recommend that you refer any potential disputes or ongoing litigation cases to our team of experts to make sure that you are fully compliant with the rules and have every chance of a successful outcome in your case.

The QICDRC boasts the latest in electronic case management as part of its proceedings both in the court and the Regulatory Tribunal.

Our expert litigation and dispute resolution team at Francis Wilks & Jones is a registered user of the e-court system and therefore able to file instantly any key documents and/or information which is required as part of any litigation case. As such, we would strongly recommend that if you are in the need of legal assistance and filing assistance at the QFC, then you retain Francis Wilks & Jones to assist you in this as well as in your wider claim.

Every judgment in the QICDRC is recorded either in the court of first instance or the appellate division. As such, if visitors to the website have the relevant judgment information or key words or texts, you can undertake a simple search of the state-of-the-art judgment registry by following the QICDRC Judgments link.

There is also a list of key judgments in the court website which can be found at the following link. The information is set out in a very user-friendly format for anyone interested in reviewing the judgments setting out, the judge’s concern, which court it was in, the date of the judgment, keywords relating to that judgment and it also gives the ability to download the judgment both in English and/or Arabic.

There is also a very helpful link for QICDRC upcoming hearings. Again, this state-of-the-art listing system allows anybody to view upcoming hearings at a simple press of a button.

If you need further information about the hearings and listings, then our team at Francis Wilks & Jones are happy to help on your behalf.

The court has a highly experienced QICDRC mediation service. As with many mediations, it is a voluntary process by which an independent mediator will be appointed to see whether the parties can reach an amicable resolution to their dispute. These are private hearings and can in certain circumstances be much more preferable to commercial litigation itself.

Our expert team at Francis Wilks & Jones have many years’ experience dealing with mediations of all types and would be more than happy to assist you in seeking a mediated resolution to any dispute that you may have.

The QICDRC mediations are conducted in accordance with their own QICDRC Mediation Rules and can be commenced in one of three ways:

• by the Qatar International Court or QFC Regulatory Tribunal (with the agreement of the parties)
• as a result of a contractual provision to refer the dispute to mediation
• at the voluntary request of one or more parties to a dispute (with the agreement of the other party/parties)

The mediation is available to companies and individuals and it doesn’t matter if they are located abroad or in Qatar.

The Court Registrar has available a suggested a list of mediators from the dedicated QICDRC Panel and will make suggestions of an appropriate mediator to the interested parties. In the absence of agreement, the Registrar will make an appointment.

In terms of process of a QICDRC Mediation, this is flexible to allow the best outcome depending on the circumstances of the dispute. If the absence of settlement, the parties may consider another form of dispute resolution.

At FWJ, our team can help you prepare for and attend a Mediation in the QICDRC. We can help you understand the Mediation Rules, complete the Request for Mediation Form, and ensure it is filed in the right place at the court to get the process running.

Pursuant to law number 2 of 2017, parties to a claim have the option to agree on the “Competent Court” of the arbitration.

Why would you choose the QICDRC for Arbitration?

There is a very helpful section in the Court guide headed “Why choose the court at the QICDRC” which summarises why the court at the QICDRC for arbitration related work is a good choice.

As is often the case with arbitration, much will depend on the particular nature of the contract and the types of disputes in issue.

At Francis Wilks & Jones, our team can assist in determining whether your claim is appropriate for the arbitration court at the QICDRC and we would recommend you speak to us if you are either contemplating a claim or involved in litigation which might be suitable for arbitration work.

• The great benefit of the QICDRC court is that it also boasts state of the art court rooms with sophisticated technology which is often very important in undertaking a successful arbitration.
• Whilst physical attendance is possible, most hearings and trials can be conducted on a virtual basis which is obviously very important as often parties to litigation might be based abroad.

As with the main Court, the arbitration court is supported by the Registry and headed up by the Registrars. This enables the swiftest of case management to be carried out on all arbitration matters.

What applications can be made to court?

Again, there is very useful guidance in the QICDRC guide – What applications can be made to court?

In summary, if there is agreement between the parties, and the court has been chosen as the competent court of the arbitration, it has jurisdiction to determine the following matters:

• Appointment and removal of arbitrators.
• Determining challenges to jurisdiction.
• Providing assistance with the taking of evidence.
• The correcting of prior awards.
• The hearing of appeals against awards.
• Determining any challenges made to prior enforcement decisions.

In addition to the above, the enforcement judge at the court can also listen to applications relating to intra-measures and their enforcement and enforcement of awards.

What other types of Alternative Dispute Resolution is available?

Before commencing an application for arbitration, we would strongly urge you to contact our expert team at Francis Wilks & Jones to help you with the process. The provisions and rules relating to arbitration and how it is commenced are contained in law number 2 of 2017 issuing the arbitration law in civil and commercial matters and the regulations and procedural rules of the court. 

Forms and Legislation needed for a QICDRC arbitration

Before applying for QFC Arbitration, we would strongly recommend that you speak to one of our team of experts. Legal advice can help avoid mistakes and ensure you maximise your prospects of success. This can include just making sure you complete the application process properly

 It would be very sensible to obtain legal advice in advance of considering an application for arbitration in the courts although we do summarise below each of the key articles in the laws which it is necessary for the parties to follow.

•  Law No 2 of 2017 issuing the Arbitration Law in Civil and Commercial Matters
•  Qatar Financial Centre Civil and Commercial Regulation and Procedural Rules

Dispute resolution clause

If the parties are keen to use the QICDRC as the competent court for arbitration purposes, it is vital that the parties have the correct wording for the dispute resolution clause.

Whilst the court helpfully gives guidance on the required dispute resolution clause on its website with the wording below, we would recommend that you contact our expert team at FWJ to ensure this important aspect of the process is properly completed.

“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by [insert name of Arbitration Centre/Institution] in accordance with [insert name of applicable institutional rules] in force at the time the request for arbitration is submitted, which rules are deemed to be incorporated by reference in this clause.

• The seat of the arbitration shall be Qatar.
• The Arbitral Tribunal shall consist of [insert an odd number of arbitrator(s)] arbitrator(s).
• The language of the arbitration shall be [insert applicable language].
• The Competent Court of the arbitration shall be the First Instance Circuit of the Civil and Commercial Court of the Qatar Financial Centre and, in the case of enforcement, the Competent Judge shall be the Enforcement Judge of the First Instance Circuit of the Civil and Commercial Court of the Qatar Financial Centre.

QICRDC arbitration facilities

More can be read about the arbitration facilities on the helpful User Guide. As with much within the QICDRC, it is purpose built with the latest facilities. In terms of arbitrations, we would recommend if appropriate using the excellent arbitration facilities within the QICDRC.

QFC court proceedings are commenced by the issue of a claim form, as outlined in Article 17 of the Qatar Financial Centre Civil and Commercial Court and Procedural Rules.

At Francis Wilks & Jones, our team can help you prepare this very important document. Getting your claim form right and correctly pleading your case is essential to maximising your prospects of a successful outcome.

Claim form & statement of claim

The claim form must include the following:

• The names of the parties to the dispute (including, where possible, a postal address, telephone/fax numbers and e-mail address(es);
• the nature of the dispute, setting out, as briefly as possible, any facts relied on, and attaching any documents that are of particular importance;
• the basis on which it is alleged that the Court has jurisdiction;
• the legal basis for the claim (identifying, in particular, any provision of the QFC Law or QFC Regulations relied on); and
• the remedy which the claimant wishes the Court to grant.

The claim form is often served with a statement of claim, which sets out the basis of the claim in more detail.

Once the claim form (and any statement of claim) is ready, it is then issued by the Registry on behalf of the court.

Service of claim form

Once the claim form has been issued, the Claimant has four months in which to serve the claim form on the Defendant(s) in accordance with Article 18 of the Qatar Financial Centre Civil and Commercial Court and Procedural Rules.  

The following methods of service are permitted:

• personal service;
• delivery to the party’s home address or, in the case of a corporate body or limited liability partnership, its registered or principal office address;
• recorded or registered post to the address identified above;
• fax; or
• any method that has been agreed by the parties or directed by the Court.

It is important to note that the claim form cannot be served on a Defendant electronically unless it has been expressly agreed beforehand. Claimants must notify the registry as to the date and manner that service has been carried out.

Our team at FWJ can ensure that you comply with the service requirements and ensure service is correctly carried out.

Upon being served with a claim, a defendant has three options:

• to admit the claim,

• to dispute the court’s jurisdiction pursuant to Article 9 of the Qatar Financial Centre Civil and Commercial Court and Procedural Rules; or.
• to defend the claim on its merits.

Disputing jurisdiction

If a defendant disputes the court’s jurisdiction, it must do so within 14 days of being served with the claim form by filing an application notice with the registry, along with any supporting evidence.

Defending a claim

If the defendant chooses to defend the claim it must file and serve its defence within 28 days of being served with the claim form.

A defence should respond to each allegation made in the claimant’s claim by either:

• admitting the allegation,
• denying the allegation, or
• doing neither and putting the claimant to proof as to that allegation.

The defence should also contain any facts relied upon and attach any materially important documents supporting the defence.

Claimant’s reply

If a claim is defended, the claimant shall have the opportunity to submit a reply to the defence. This reply should only elaborate on the claimant’s initial claim and should not be used as a mechanism for bringing in new grounds of claim.

A reply to defence usually brings an end to the parties’ formal “pleadings”, as no further replies are permitted without the permission of the court.

Claim forms, statement of claims, defences and replies to defences must contain a statement of truth, in which the litigant must verify that the content of that document is true pursuant to Article 16 of the Qatar Financial Centre Civil and Commercial Court and Procedural Rules.

The statement of truth can be given by the litigant, a representative of the litigant or by a legal representative and should take the following form:

I believe that the facts stated in this [claim form, defence, etc.] are true.

Alternatively, if the statement of truth is being provided by a party’s legal representative then following wording should be used:

The [claimant or defendant] believes that the facts stated in this [claim form, defence, etc.] are true.

After the parties have filed and served their respective pleadings, the court will set out a series of steps that must be taken before a trial can take place and the court can adjudicate on the dispute. These steps, and the deadlines for completing them, are known as “directions”. The first task that the parties will be directed to undertake in QFC proceedings is the disclosure process.

Disclosure is a stage in litigation whereby each party must review and collate any documents that may be relevant to the ongoing proceedings.

Pursuant to Article 26 of the Procedural Rules, parties to the claim:

• shall be required to disclose to the other all documents or classes of documents on which it relies; and
• shall be entitled to request disclosure of all or any other relevant and specified documents or classes of documents from any other party.

Disclosure of documents is limited in QFC proceedings

In other jurisdictions, parties are often required to disclose any documents that may be detrimental to their own case, in the interests of transparency and ensuring that the court has all the relevant evidence before it before determining a matter. However, in the QFC court there is no such requirement. Parties are therefore only obliged to disclose the document on which they seek to rely on at trial.

• If parties do not meet the court’s deadline for disclosure, they may be prohibited from referring to or relying on documents that support their case at trial.
• Documents that are integral to a party’s case will usually have already been exchanged, either in pre-action correspondence or as annexed to the party’s claim form or defence, but the disclosure process provides another opportunity to exchange a larger volume of documents, such as correspondence.

Requests for further disclosure

Although parties are not obliged to disclose documents that may be harmful to their own case, they are entitled to request disclosure from their opponent. If a defendant believes that a claimant is in possession of documents which could damage the strength of the claim and/or support the defence, they can make an application to court pursuant to Article 26.1 for an order compelling the claimant to disclose that document. The court has a wide discretion when considering whether to make such an order, and can prevent a party from having to disclose a document, or class of documents, if “there is good reason for it not to do so” pursuant to Article 26.3. Legal advice should therefore be taken before making an application for specific disclosure.

If you require any assistance with the disclosure process, please contact one of our team and we can help you today.

After the disclosure process has been completed, parties have the opportunity to file and serve written witness statements from individuals who have first hand knowledge of the facts of the dispute. Witness statements should not be used to make legal arguments, as parties have other opportunities to make legal submissions in their pleadings and skeleton arguments.

Witness statements must:

• give the full name and address of the witness
• be in the witness’s own words, if practicable, and drafted in the witness’s own language and in the first person (an English translation must be provided if this language is not English).
• explain the relationship – if any – of the witness to the Claimant or Defendant
• set out the witness’s direct knowledge of matters relevant to the issues in the case
• refer to all relevant documents, although the text of the relevant document should not be included unless this is appropriate
• include the following statement of truth: “I believe that the facts stated in this witness statement are true.”
• be dated with the date upon which the witness signed the statement.

Any witness providing a written witness statement will be expected to attend the trial so that the opposing party has the opportunity to cross examine their evidence.

Parties to litigation within the QFC court are permitted to make applications to the court at any stage of proceedings. Examples of applications within existing proceedings include applications for specific disclosure, summary judgment or security for costs.

• Applications can be made by completing an application notice, filing it with the court registrar and serving it on the respondent to the application.
• Application notices may be accompanied by a witness statement from the applicant, or their legal representative, outlining the basis of the application in more detail.

Any person who is served with an application notice should submit any evidence in response to the application within 28 days of service, unless the court directs otherwise. The applicant then has the opportunity to prepare a reply to the respondent’s response, but must do so within 14 days.

• These timescales may be shortened if the court feels it is necessary in accordance with the “overriding objective”, and the court’s inherent powers under Article 10 of the Procedural Rules.
• If this happens, a hearing will then be listed so that the court can determine the application.
• A decision may be given orally on the day of the hearing, or a written judgment will follow, depending on the circumstances and complexity of the application.

The date of a trial, and its length, will usually be outlined when the court gives directions earlier in the claim – that is, the court considers all the key aspects of the case and works out how long a full trial of the dispute is likely to take.

A trial will typically be listed approximately three months after directions are given, although this is subject to availability of the appropriate Judges. 

Virtual trials or physical attendance required?

Whilst preliminary hearings, such as directions hearings or interim applications, are usually held virtually, trials will usually be heard in person in Doha before three judges.

• The court can direct that the trial will take place virtually or on a ‘hybrid’ basis whereby some participants are physically present and some appear via video-link, but only if there is good reason to do so.
• Parties to a claim should ensure any request for a participant to appear virtually is made well in advance. QFC trials are heard in public and are livestreamed by default but can be heard in private where “there is good reason to do so” pursuant to Article 28.3 of the Procedural Rules.

How a trial is conducted

A trial will usually begin with opening statements: the claimant (or their legal representative) will speak first, followed by the defendant(s). Opening statements should be an outline of the party’s case, with reference to the evidence that has been filed and served.

• If parties wish to refer to documents, these can be shown on screen by prior arrangement with the registry.
• Parties should bear in mind that the judges will have already read the pleadings, and reviewed the evidence filed and served, including witness statements and any expert reports. A bundle of key documents pertaining to the claim will have been agreed between the parties and lodged at court in advance of the hearing.

The claimant will then have the opportunity to call its witness(es) of fact, providing that the witness has filed and served a written witness statement in accordance with the court’s earlier directions. Once the claimant’s evidence is complete, the defendant will then call any witness(es) to support the defence.

Witnesses must make an oath or affirmation before giving evidence, to confirm that the evidence that they give will be “the truth, the whole truth and nothing but the truth”.

• Once ‘sworn in’ the witness will be referred to their witness evidence and asked to confirm that it is correct.
• The lawyer representing the party that the witness is supporting may ask the witness to clarify any points in their witness statement, following which the opposing lawyer will cross examine the witness, and attempt to point out any inconsistencies in the witness’s evidence.
• Thereafter, the judges may have further queries for the witness, after which the witness will be released.

After the witnesses have given their evidence, each party will have the opportunity to make closing submissions orally. The court will then consider the evidence presented by each side. If the trial is particularly short, or straightforward, then the court may hand down judgment on the same day that the trial concludes, but more commonly the court will hand down judgment in writing at a later date.

All judgments of the QFC court are produced in English and Arabic, with copies of both uploaded to the QIDRC. If the three judges do not agree unanimously, then the decision of the majority will be the decision of the court, although any judge disagreeing with the majority verdict may give a dissenting judgment pursuant to Article 32.3.

The court has wide discretion when it comes to making orders as to parties’ legal costs, although the general rule is that “the unsuccessful party pays the costs of the successful party”.

• The court will consider other factors, such as any reasonable settlement offers made by either party and the conduct of the parties throughout the litigation.
• Article 33.5 of the Qatar Financial Centre Civil and Commercial Court and Procedural Rules outlines that if the court “makes an order for the payment by one party to another of costs to be assessed if not agreed, and the parties are unable to reach agreement as to the appropriate assessment, the necessary assessment will be made by the registrar, subject to review if necessary by the judge”.

If the parties cannot agree the value of costs that the unsuccessful party will pay to the successful party, then costs will be assessed. It is very unusual for a successful party to recover its costs in full; a figure of 60-70% is more realistic. Legal costs can quickly become disproportionate to the value of a claim, and so it is important that parties seriously consider the possibility of settlement at an early stage with the advice of a lawyer.

A decision of the first instance court will usually be final. However, if there are substantial grounds for considering that a judgment or decision has been made in error, and there is a significant risk that it will result in serious injustice, then a party may be given permission to appeal pursuant to Article 35 of the Qatar Financial Centre Civil and Commercial Court and Procedural Rules.

• Any application to appeal a judgment of the QFC court, or for permission to appeal, must be made within 60 days of the date of the judgment subject to the appeal.
• The appeal court will consist of three judges, one of whom will be the President of the QFC court, unless they are incapacitated, or their sitting would not be in the interests of justice.

The appeal court will not usually admit any evidence which was not relied upon in the first instance court, nor will it allow any legal arguments that were not made at first instance, unless there is compelling reason to do so. The appeal court has the jurisdiction to make any decision or order that could have been made by the first instance court and its decision is final: there is no further scope to appeal.

Qatar National Vision 2030 is a comprehensive development plan aimed at guiding the transformation of Qatar into a sustainable and advanced society by the year 2030. The vision was launched in 2008 and outlines the key pillars and goals for the country’s progress across various sectors. Here’s a summary of the main elements of Qatar National Vision 2030

Human development. The vision emphasises the development of a knowledgeable, skilled, and healthy population. This includes investments in education, healthcare, and social services to enhance the quality of life for Qatar’s residents.

Social development. Qatar aspires to build a cohesive and caring society, focusing on family values, social solidarity, and cultural heritage. Efforts are directed towards fostering social inclusion and a sense of community.

Economic development. The vision aims to diversify the economy by reducing dependence on hydrocarbon resources. This involves promoting sectors like education, science, technology, and innovation to create a sustainable and knowledge-based economy.

Environmental sustainability. Qatar seeks to balance economic development with environmental conservation. Initiatives include sustainable urban planning, energy efficiency, and the preservation of natural resources to ensure a greener and more eco-friendly future.

Infrastructure development. The plan includes significant investments in infrastructure, including transportation, communication, and utilities, to support economic growth and enhance the overall quality of life.

Institutional and economic capacity. Qatar National Vision 2030 highlights the importance of strong institutions and efficient governance. It aims to develop a capable and responsive public sector that can effectively manage the nation’s resources and support economic diversification.

International cooperation. Qatar envisions an active and positive role in the international community. This involves contributing to global peace, security, and sustainable development, as well as fostering partnerships and collaborations with other nations.

Qatar National Vision 2030 serves as a roadmap for the long-term development of the country, outlining a strategic framework to achieve sustainable growth, prosperity, and a high standard of living for its citizens.

Full details of the QICDRC contact address can be found at the following link. The full address is as follows

Address

Qatar International Court and Dispute Resolution Centre

QFC Tower 2, PO Box 13667,

Omar Al Mukhtar Street,

West Bay, Doha, Qatar.

For Court & Tribunal Enquires

T: +974 4496 8224 (Registry Receptionist)

    +974 4496 8263 (for Arabic Inquiries)

    +974 5995 8157 (for Urgent Related Queries)

E: Registry@QICDRC.gov.qa

For ADR, General Enquires & Feedback

T: +974 4496 8225

E: info@QICDRC.gov.qa