International Arbitration Comparative Guide

1 Legal framework

1.1 What is the relevant legislation on arbitration in your jurisdiction? Are there any significant limitations on the scope of the statutory regime – for example, does it govern oral arbitration agreements?

Qatar: The principal legislation governing arbitrations seated in mainland Qatar is the Arbitration Law (2/2017), which is based on the UNCITRAL Model Law on International Commercial Arbitration. It applies to both domestic and international arbitrations seated in Qatar (outside the Qatar Financial Centre (QFC)). Article 7 requires that the arbitration agreement be in writing, which includes:

• signed contracts;
• exchanges of correspondence (letters, faxes, emails); or
• court records not denied by the other party.

Purely oral arbitration agreements are not valid unless acknowledged in writing. The following matters are excluded from arbitration:

• disputes that are non-arbitrable under Qatari law (including criminal, family and public policy matters); and
• disputes involving administrative contracts with the state, which require prior Cabinet approval (Article 2(2)).

QFC: Within the QFC, arbitration is governed by the QFC Arbitration Regulations 2005 (Regulation 8/2005), as amended and reissued effective 1 September 2024. Also Model Law-based, the regulations:

• apply to arbitrations seated in the QFC; and
• require a written arbitration agreement (Article 10), including electronic communications accessible for later reference.

Purely oral agreements are not recognised unless acknowledged in writing.

1.2 Does this legislation differentiate between domestic arbitration and international arbitration? If so, how is each defined?

Arbitration Law: The Arbitration Law applies a unified procedural framework to all arbitrations seated in Qatar and does not establish separate regimes for domestic and international arbitration. However, Article 2(4) provides that an arbitration is deemed to be international if it relates to international trade and one or more of the following applies:

• The parties have their principal places of business in different states at the time of concluding the arbitration agreement (Article 2(4)(a));
• The seat of arbitration, the place where a substantial part of the obligations of the commercial relationship is to be performed or the place most closely connected to the subject matter of the dispute is situated outside the state of Qatar (Article 2(4)(b));
• The subject matter of the dispute is connected with more than one state (Article 2(4)(c)); or
• The arbitration is administered by an arbitral institution whose principal office is located inside or outside the state of Qatar (Article 2(4)(d)).

QFC Arbitration Regulations: The QFC Arbitration Regulations also make no distinction between domestic and international arbitration. Under Article 6(1), the regulations apply to all arbitrations seated in the QFC. Article 6(2) further provides that certain provisions – Articles 11, 12, 22G, 22H, 22I and Part 4 – apply where:

• the seat is outside the QFC; or
• no seat has been designated.

The regulations:

• contain no definition of 'international arbitration'; and
• do not create separate procedural regimes.

1.3 Is the arbitration legislation in your jurisdiction based on the UNCITRAL Model Law on International Commercial Arbitration?

Both the Arbitration Law and the QFC Arbitration Regulations are closely modelled on the UNCITRAL Model Law on International Commercial Arbitration, reflecting its key principles and procedural structure.

1.4 Are all provisions of the legislation in your jurisdiction mandatory?

Both the Arbitration Law and the QFC Arbitration Regulations combine default rules, which parties can freely modify, with mandatory provisions that cannot be overridden. Default rules permit the parties to agree on:

• procedural details;
• the choice of arbitrators;
• the language of the arbitration; and
• the applicable arbitration rules.

Mandatory provisions include the requirements for:

• a written arbitration agreement;
• equal treatment and the right to be heard;
• the impartiality of the tribunal;
• limited annulment grounds; and
• the courts' supervisory role.

1.5 Are there any current plans to amend the arbitration legislation in your jurisdiction?

At present, there are no major plans to amend the Arbitration Law; although in 2024, Qatar introduced the Judicial Enforcement Law (4/2024), which streamlined the enforcement of arbitral awards through the Qatari courts.

The QFC Arbitration Regulations were updated on 1 September 2024. No updates are currently in the pipeline, to the best of our knowledge.

1.6 Is your jurisdiction a signatory to the New York Convention? If so, have any reservations been made?

Qatar is a signatory to the New York Convention, having ratified it on 30 December 2002, with its accession becoming effective in March 2003; it made no reservations upon doing so. While the QFC cannot accede to the convention as a separate entity, the QFC Arbitration Regulations incorporate the convention's principles, ensuring alignment with its standards within the QFC framework.

1.7 Is your jurisdiction a signatory to any other treaties relevant to arbitration?

Qatar is a party to several treaties relevant to arbitration and dispute resolution in addition to the New York Convention. These include:

• the Convention on the Settlement of Investment Disputes between States and Nationals of Other States;
• the Riyadh Arab Convention on Judicial Cooperation (1983);
• the Amman Arab Convention on Commercial Arbitration (1987);
• the GCC Convention for the Execution of Judgments, Delegations and Judicial Notifications (1996);
• the Singapore Convention on Mediation (2018); and
• numerous bilateral investment treaties containing arbitration clauses.

2 Arbitrability and restrictions on arbitration

2.1 How is it determined whether a dispute is arbitrable in your jurisdiction?

Arbitrability in Qatar is generally determined by whether the subject matter is capable of settlement by arbitration under Qatari law. The Arbitration Law excludes disputes that are not arbitrable, such as those involving:

• criminal matters;
• personal status (family) cases; and
• matters that are contrary to public order.

Disputes arising from administrative contracts involving a government entity may generally only be referred to arbitration with prior written approval from the prime minister or his delegate. However, there are exceptions. Most commercial and civil disputes, including contractual and business matters, are freely arbitrable unless expressly excluded by statute.

2.2 Are there any restrictions on the choice of seat of arbitration for certain disputes?

Both the Arbitration Law and the Qatar Financial Centre Arbitration Regulations allow parties to choose any seat of arbitration, in or outside Qatar, with no special restrictions other than the general limits on arbitrability.

3 Arbitration agreement

3.1 What are the validity requirements for an arbitration agreement in your jurisdiction?

Both the Arbitration Law and the Qatar Financial Centre (QFC) Arbitration Regulations require three core conditions for a valid arbitration agreement:

• It must be in writing;
• The parties must have legal capacity; and
• The subject matter must be arbitrable.

Under Article 7(3) of the Arbitration Law, an arbitration agreement must be in writing. This requirement is interpreted broadly to include:

• a signed document;
• an exchange of correspondence (including electronic communications); or
• a reference in court pleadings where one party alleges the existence of an arbitration agreement and the other does not deny it.

The agreement may also be incorporated by reference to another document containing the arbitration clause.

In the QFC:

• Article 10(1) of the regulations requires an arbitration agreement to be in writing; and
• Article 10(7)(a) clarifies that this includes any form in which the content is recorded and accessible for later reference, whether or not originally concluded orally or by conduct.

Capacity is essential in both regimes, with lack of capacity constituting a ground for annulment under:

• Article 33(2)(a) of the Arbitration Law; and
• Article 43(1)(a)(i) of the QFC Arbitration Regulations.

In Qatar:

• those signing for an entity must have express authority; and
• arbitration clauses in administrative contracts with public bodies require prior written approval from the prime minister or his delegate (Article 2(2) of the Arbitration Law).

The subject matter must also be arbitrable, excluding:

• criminal matters;
• personal status matters; and
• other matters that are contrary to public order

3.2 Are there any provisions of legislation or any other legal sources in your jurisdiction concerning the separability of arbitration agreements?

Both the Arbitration Law and the QFC Arbitration Regulations recognise the doctrine of separability. Under Article 16(1) of the Arbitration Law and Article 21(1) of the QFC Arbitration Regulations, an arbitration clause is treated as independent from the remainder of the contract. Accordingly, if the underlying contract is alleged to be void, rescinded or terminated, the arbitration agreement remains valid unless it is itself specifically challenged. This principle preserves the tribunal's jurisdiction to determine disputes, including those concerning the validity or formation of the main contract.

3.3 Are there provisions on the seat and/or language of the arbitration if there is no agreement between the parties?

Both the Arbitration Law and the QFC Arbitration Regulations contain default rules for the seat and language of arbitration where the parties have not agreed. Under Article 20(1) of the Arbitration Law and Article 26(1) of the QFC Arbitration Regulations, the arbitral tribunal determines the seat, taking into account:

• the circumstances of the case; and
• the convenience of the parties.

Similarly, Article 22(1) of the Arbitration Law and Article 28(1) of the QFC Arbitration Regulations provide that the tribunal will decide on the language if not agreed.

Neither regime prescribes a statutory default seat prior to the tribunal's constitution. In such cases, institutional rules or court involvement may be required to progress the arbitration.

4 Objections to jurisdiction

4.1 When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?

Article 16(2) of the Arbitration Law requires that any plea challenging the tribunal's jurisdiction be raised no later than the date for submitting the statement of defence under Article 23. If the objection concerns the tribunal exceeding the scope of its authority during the proceedings, it must be raised as soon as the matter is identified.

Article 21(2) of the Qatar Financial Centre (QFC) Arbitration Regulations provides that a plea disputing jurisdiction must be raised no later than the submission of:

• the party's defence; or
• for another party (eg, a joined party or counterclaim respondent), its first written statement in the arbitration.

As under Qatari law, objections to excess of authority must be raised as soon as the relevant issue is identified.

In both regimes, participation in the appointment of an arbitrator does not in itself waive the right to challenge jurisdiction. However, under Article 5 of the Arbitration Law and Article 9 of the QFC Arbitration Regulations, a party that continues with the arbitration despite knowledge of a procedural irregularity that is capable of waiver, without making a timely objection, is deemed to have waived its right to object.

4.2 Can a tribunal rule on its own jurisdiction?

Both the Arbitration Law and the QFC Arbitration Regulations expressly adopt the principle of kompetenz-kompetenz. Under Article 16(1) of the Arbitration Law and Article 21(1) of the QFC Arbitration Regulations, the arbitral tribunal (or panel) may rule on any objection to its jurisdiction, including challenges to the existence or validity of the arbitration agreement.

Qatari court decisions, including recent Court of Cassation rulings, confirm that the tribunal's jurisdiction remains bounded by party consent. If an award addresses matters that fall outside the scope of the arbitration agreement, it may be subject to annulment, underscoring:

• the supervisory role of the courts; and
• the principle that arbitral authority derives from the parties' agreement to arbitrate.

4.3 Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?

Under Article 16(3) of the Arbitration Law and Article 21(3) of the QFC Arbitration Regulations, a party may request court review of a tribunal's preliminary decision affirming jurisdiction. This application must be filed within 30 days of receiving notice of the tribunal's ruling.

In Qatar, the application is made to the Court of Appeal. In the QFC, the application is made to the QFC Civil and Commercial Court and the decision is final and not subject to appeal.

While the application is pending, the tribunal may continue the arbitration, including up to a final award. If the tribunal rules on jurisdiction only in the final award, there is no right to seek immediate court review under Article 16(3) or Article 21(3); the issue may then be challenged only through annulment proceedings, under Article 33 of the Arbitration Law or Article 41 of the QFC Arbitration Regulations, as part of an application to set aside the award. In both regimes, courts generally expect the tribunal to rule on its jurisdiction before judicial review is sought.

5 The parties

5.1 Are there any restrictions on who can be a party to an arbitration agreement?

Arbitration Law: The Arbitration Law imposes no special category-based restrictions on who may be a party to an arbitration agreement. Under Article 7(1), any natural person with full legal capacity or any legal entity acting through an authorised representative may agree to arbitrate. Article 2(2) provides that:

• the parties to arbitration agreements in administrative contracts must obtain the prime minister's approval; and
• public juridical persons (state entities) may not arbitrate disputes between themselves.

Qatar Financial Centre (QFC) Arbitration Regulations: The QFC Arbitration Regulations: likewise contain no category-based restrictions on eligible parties. The requirement of legal capacity is reflected in the grounds for setting aside an award (Article 41(2)(A)(i)) and refusing recognition or enforcement (Article 43(1)(A)(i)), both of which refer to:

• a party being "under some incapacity"; or
• the agreement being invalid under the applicable law.

5.2 Are the parties under any duties in relation to the arbitration?

Neither the Arbitration Law nor the QFC Arbitration Regulations expressly impose a general duty of good faith on parties. However, both contain a waiver provision requiring timely objection to procedural irregularities.

Under Article 5 of the Arbitration Law and Article 9 of the QFC Arbitration Regulations, a party that continues with the arbitration despite knowing that a requirement of the arbitration agreement or a provision from which the parties may derogate has not been complied with, and that fails to object within the agreed time limit or without undue delay, is deemed to have waived the right to object.

5.3 Are there any provisions of law which deal with multi-party disputes?

Neither the Arbitration Law nor the QFC Arbitration Regulations prohibit multi-party arbitration.

Under the Arbitration Law, there is:

• no express statutory framework for joinder or consolidation; and
• no special procedure for multi-party appointments beyond what applies generally.

Joinder or consolidation is possible only by agreement of the parties, unless the arbitration is conducted under institutional rules that provide otherwise. Where multiple parties are unable to agree on the nomination of arbitrators, the 'other authority' or the competent court may make the appointment under the fallback provisions in Articles 11(5)–(6). These provisions do not confer any power to join or consolidate proceedings but simply ensure that the tribunal can be constituted if the agreed appointment procedure fails.

The Arbitration Regulations contain specific provisions for multi-party disputes. Article 14A provides that in arbitrations with more than two parties, if the parties fail to agree on a procedure for constituting the tribunal, the administering institution (in administered proceedings) or the QFC Civil and Commercial Court (in non-administered proceedings) will appoint the arbitrator(s); Article 14(5) applies to such appointments. Article 20 empowers the QFC Civil and Commercial Court, on the request of a party, to order consolidation of arbitrations where:

• all parties agree;
• all claims are under the same arbitration agreement; or
• the claims involve the same parties and arise from the same legal relationship, and the agreements are compatible.

6 Applicable law issues

6.1 How is the law of the arbitration agreement determined in your jurisdiction?

Arbitration Law: Under the Arbitration Law, the 'place of arbitration' in Article 20 is the equivalent of the juridical seat. The parties may agree on the place, whether inside or outside Qatar; failing agreement, the tribunal will determine it, taking into account:

• the circumstances of the case; and
• the convenience of the parties.

The place of arbitration determines the procedural law of the arbitration and the court with supervisory jurisdiction. Article 20(2) confirms that, unless otherwise agreed, the tribunal may meet or hold hearings elsewhere without changing the agreed or designated seat.

Qatar Financial Centre (QFC) Arbitration Regulations: Article 26 of the QFC Arbitration Regulations uses the term 'seat of arbitration' with the same juridical meaning. The parties may agree on the seat; failing agreement, it is determined by the arbitral panel, having regard to:

• the circumstances of the case; and
• the convenience of the parties.

As with the Arbitration Law:

• the seat determines:
• • the procedural law; and
  • the court with supervisory jurisdiction; and
• Article 26(2) allows hearings or meetings to be held elsewhere without altering the seat.

6.2 Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?

Under Article 28(1) of the Arbitration Law and Article 34(1) of the QFC Arbitration Regulations, the tribunal must decide the dispute in accordance with the rules of law chosen by the parties as applicable to the substance of the dispute.

If no governing law is specified, Article 28(2) of the Arbitration Law and Article 34(2) of the QFC Arbitration Regulations provide that the tribunal will apply the law determined by the conflict-of-laws rules.

7 Consolidation and third parties

7.1 Does the law in your jurisdiction permit consolidation of separate arbitrations into a single arbitration proceeding? Are there any conditions which apply to consolidation?

Arbitration Law: Under the Arbitration Law, there is no statutory mechanism for consolidating separate arbitral proceedings. The law does not grant either the courts or the tribunal the power to compel consolidation. Consolidation is therefore possible only with the consent of all parties, either:

• through an express agreement; or
• by incorporating institutional arbitration rules that permit it.

In the absence of such agreement, each arbitration must proceed separately.

Qatar Financial Centre (QFC) Arbitration Regulations: Under Articles 20(1)(A)–(C) of the QFC Arbitration Regulations, the QFC Civil and Commercial Court may, on the application of a party, order the consolidation of two or more arbitrations pending under the regulations into a single proceeding where:

• the parties have agreed to consolidation (Article 20(1)(A));
• all claims are made under the same arbitration agreement(s) (Article 20(1)(B)); or
• the claims are under different arbitration agreements but involve the same parties and arise from the same legal relationship and the arbitration agreements are compatible (Article 20(1)(C)).

In deciding whether to consolidate, the QFC Civil and Commercial Court may take into account relevant circumstances, including:

• whether arbitrators have already been appointed; and
• whether they are the same individuals (Article 20(2)).

Unless otherwise agreed or ordered, consolidated proceedings are conducted in the arbitration that commenced first (Article 20(3)).

7.2 Does the law in your jurisdiction permit the joinder of additional parties to an arbitration which has already commenced?

The Arbitration Law is silent on the issue and joinder is permitted only where all existing parties and the additional party agree. Under Article 20 of the QFC Arbitration Regulations, joinder requires a joint application by the parties involved in multiple arbitrations. Tribunals and courts lack unilateral power to compel joinder.

However, where institutional rules apply, such as the Qatar International Center for Conciliation and Arbitration Rules 2024, joinder is permitted in certain circumstances.

7.3 Does an arbitration agreement bind assignees or other third parties?

Arbitration Law: Under the Arbitration Law, an arbitration agreement binds only those who have consented to it, reflecting the Civil Code principle that contracts produce effects only between the parties. An assignee may be bound if:

• the underlying contract, including the arbitration clause, is validly assigned; and
• any required consent is obtained.

Absent such consent, the Qatari courts will not compel third parties to arbitrate.

QFC Arbitration Regulations: The QFC Arbitration Regulations contain no provision automatically extending an arbitration agreement to assignees or non-signatories. Article 20 on consolidation and joinder:

• applies only to parties already subject to arbitration; and
• does not confer jurisdiction over those outside the agreement.

As under the Arbitration Law, consent – express or arising through recognised legal mechanisms – is essential before an assignee or third party can be bound by an arbitration agreement.

8 The tribunal

8.1 How is the tribunal appointed?

Arbitration Law: Under Article 11 of the Arbitration Law, the parties may agree on both:

• the number of arbitrators; and
• the method of their appointment.

Failing such agreement, in a three-arbitrator tribunal:

• each party appoints one arbitrator; and
• the two so appointed select the third.

In the case of a sole arbitrator, or if any appointment fails, the competent court or an agreed appointing authority will make the appointment:

• taking into account any agreed qualifications; and
• ensuring independence and impartiality.

Qatar Financial Centre (QFC) Arbitration Regulations: Under Articles 13, 14 and 14A of the QFC Arbitration Regulations:

• the parties are free to determine:
• • the number of arbitrators (which must be odd); and
  • the procedure for their appointment; and
• in the absence of agreement, the QFC Civil and Commercial Court appoints in default.

In a three-member panel:

• each party appoints one arbitrator; and
• the two arbitrators then select the third.

In a sole-arbitrator case, the court appoints directly.

If a party or third party fails to act under an agreed procedure, the court may take the necessary measures.

In multi-party arbitrations, Article 14A enables the QFC Civil and Commercial Court or the appointing authority to constitute the tribunal where the parties cannot agree.

8.2 Are there any requirements as to the number or qualification of arbitrators in your jurisdiction?

Arbitration Law: Under Article 11 of the Arbitration Law, the parties may agree on:

• the number of arbitrators; and
• the procedure for their appointment.

Where there is no agreement, in a three-member tribunal:

• each party appoints one arbitrator; and
• the two so appointed select the presiding arbitrator.

In a sole-arbitrator case, or if any appointment fails, the competent court or an agreed authority appoints.

Appointment orders:

• are generally subject to the court's standard timelines; and
• may take longer if procedural objections are raised.

Under Articles 13, 14 and 14A of the QFC Arbitration Regulations, the process is similar but with key procedural features. The number of arbitrators must be odd and a default of three applies. If a party or third party fails to act within 30 days of a request, the QFC Civil and Commercial Court will appoint and such orders are not subject to appeal (Article 14(5)). For multi-party arbitrations, Article 14A provides a specific mechanism: where parties cannot agree, the arbitral institution (in administered cases) or the QFC Civil and Commercial Court will constitute the panel.

8.3 Can an arbitrator be challenged in your jurisdiction? If so, on what basis? Are there any restrictions on the challenge of an arbitrator?

Arbitration Law: Under Article 12 of the Arbitration Law, an arbitrator may be challenged if:

• there are justifiable doubts as to their impartiality or independence; or
• they do not have the agreed qualifications.

A party may not challenge an arbitrator it appointed unless the grounds arose after the appointment. Under Article 13(1), the challenge must be submitted in writing within 15 days of becoming aware of the tribunal's formation or the relevant circumstances.

Article 14 of the Arbitration Law gives the administrating institution or court the ability to remove an arbitrator if:

• they are unable to perform or commence their duties; or
• they cease performing their duties, leading to an unjustifiable delay, and fail to recuse themselves.

QFC Arbitration Regulations: Articles 15, 16 and 17 of the QFC Arbitration Regulations provide an almost identical framework, with the QFC Civil and Commercial Court deciding on unresolved challenges.

Challenges must be made in writing within 15 days of awareness and, if unsuccessful, the challenging party has 30 days to request a decision from the QFC Civil and Commercial Court. The court's decision is final and not subject to appeal.

8.4 If a challenge is successful, how is the arbitrator replaced?

Arbitration Law: If a challenge is upheld, the arbitrator is replaced under Article 15 of the Arbitration Law using the same procedures that were in place when the original arbitrator was appointed, unless otherwise agreed by the parties.

QFC Arbitration Regulations: The QFC Arbitration Regulations adopt the same approach via Article 18.

8.5 What duties are imposed on arbitrators? Are these all imposed by legislation?

Arbitration Law: Under the Arbitration Law, arbitrators must:

• be impartial and independent;
• treat the parties equally; and
• ensure that each party has a full opportunity to present its case (Article 18(1)).

They are also required, both before and after appointment, to disclose any circumstances likely to give rise to justifiable doubts about their impartiality or independence (Article 11(3)).

QFC Arbitration Regulations: The QFC Arbitration Regulations impose equivalent duties. Arbitrators must:

• remain independent and impartial (Articles 15–16); and
• treat the parties equally and ensure a fair opportunity to be heard (Article 24).

These are mandatory provisions that cannot be excluded by agreement. While the parties may determine procedural rules under Article 25(1), any such arrangements must comply with these core statutory duties.

8.6 What powers does an arbitrator have in relation to: (a) procedure, including evidence; (b) interim relief; (c) parties which do not comply with its orders; (d) issuing partial final awards; (e) the remedies it can grant in a final award and (f) interest?

(a) Procedure, including evidence?

Arbitration Law: Under the Arbitration Law, and subject to party agreement and mandatory provisions, the tribunal has broad discretion to determine the conduct of the proceedings, including ruling on the admissibility, relevance and weight of evidence (Article 19). It may:

• set timetables;
• organise hearings; and
• manage witness or expert testimony.

In deciding on the substance of the dispute, it will apply:

• the law chosen by the parties; or
• failing such choice, the law determined by applicable conflict-of-laws rules (Article 28).

QFC Arbitration Regulations: Under the QFC Arbitration Regulations, Article 25 grants similar procedural discretion, provided that the tribunal ensures:

• equality of treatment; and
• a fair opportunity to be heard.

Article 34 requires it to apply:

• the law designated by the parties; or
• in the absence of such designation, the law determined by conflict-of-laws principles.

(b) Interim relief?

Arbitration Law: Under the Arbitration Law, the tribunal may, at a party's request, order interim or precautionary measures that it considers necessary (Article 17(1)), including measures to:

• preserve evidence;
• maintain the status quo;
• prevent harm; or
• secure assets.

Such measures are enforceable by the competent court (Article 17(3)).

QFC Arbitration Regulations: Under the QFC Arbitration Regulations, Articles 22A–22I confer similar powers to order interim measures, such as:

• maintaining or restoring the status quo;
• preserving assets; or
• securing evidence.

The tribunal may:

• require security (Article 22D); and
• modify, suspend or terminate measures (Article 22C).

Enforcement lies with the QFC Civil and Commercial Court upon application (Article 22G), subject to the limited grounds for refusal set out in Article 22H.

(c) Parties which do not comply with its orders?

Arbitration Law: Under the Arbitration Law, if a party fails to comply with procedural directions (eg, submissions, attendance, production), the tribunal may proceed in that party's absence and decide on the record. Non-compliance with tribunal-ordered interim measures can be enforced through the competent court (Article 17(3)).

QFC Arbitration Regulations: Article 31 of the QFC Arbitration Regulations empowers the tribunal to continue the proceedings and make an award notwithstanding a party's failure to comply with directions or to participate. Where the non-compliance concerns interim measures, recognition/enforcement is via the QFC Civil and Commercial Court under Articles 22G–22I (recognition/enforcement; grounds for refusal; court-ordered interim measures).

In reality, unless otherwise agreed, tribunals retain wide discretion under both systems to penalise a party in costs.

(d) Issuing partial final awards?

Arbitration Law: The Arbitration Law does not use the term 'partial final award' but allows tribunals to issue more than one award. They may decide on discrete issues or claims where justified, with:

• the final award meeting the form and content requirements in Article 31; and
• additional awards on omitted claims permitted under Article 32(3).

Awards are enforceable under Article 34 only if they:

• comply with these requirements; and
• are not set aside on the annulment grounds in Article 33, such as:
• • invalid agreement;
  • lack of due process;
  • excess of authority; or
  • conflict with public policy.

QFC Arbitration Regulations: The QFC Arbitration Regulations likewise contemplate multiple awards (albeit not explicitly), with Articles 37–40 covering:

• form;
• content:
• termination by final award; and
• additional awards.

Enforcement before the QFC Civil and Commercial Court under Articles 42–43 is subject to:

• meeting the formal requirements; and
• avoiding the refusal grounds, which mirror those in the New York Convention.

In both regimes, partial awards deciding substantive issues can be enforced as final awards, provided that they:

• satisfy the statutory conditions; and
• survive any challenge.

(e) The remedies it can grant in a final award?

Arbitration Law: Under the Arbitration Law, the tribunal applies:

• the substantive law chosen by the parties; or
• failing such a choice, the law selected via conflict-of-laws rules (Articles 28(1)–(2)).

Remedies therefore track the applicable law; tribunals routinely grant damages, declarations, specific performance or termination where legally available, subject to public policy. Costs can be awarded in the final award and must be stated, including who pays them (Article 31(4)).

QFC Arbitration Regulations: Under the QFC Arbitration Regulations, the tribunal likewise applies:

• the law designated by the parties; or
• absent designation, the law determined by conflict-of-laws principles (Articles 34(1)–(2)).

Costs and interest are expressly within the tribunal's powers – the tribunal may:

• award costs;
• fix their amount;
• determine who pays; and
• award interest on sums it orders to be paid (Article 38(1)-(3)).

(f) Interest?

Arbitration Law: Under Qatari law, interest is generally prohibited as a matter of public order, save where one party is a licensed bank. The Qatari courts have consistently annulled interest provisions in civil and commercial contracts, treating them as void. By contrast, damages remain recoverable: compensation for delay or non-performance may be awarded where fault, causation, and loss are established, but this is legally distinct from contractual interest.

QFC Arbitration Regulations: Under the QFC Arbitration Regulations, the power to award interest is explicit. Article 38(2)(c) authorises the tribunal, unless the parties agree otherwise, to award interest on any sums ordered, at such rates and for such periods as it considers appropriate, from the dates it determines until payment.

8.7 How may a tribunal seated in your jurisdiction proceed if a party does not participate in the arbitration?

Arbitration Law: Under Article 25(1) of the Arbitration Law, if the claimant fails without justification to submit its statement of claim, the tribunal must terminate the proceedings. If the respondent fails to file a defence (Article 25(2)), or if either party fails to attend a hearing or produce evidence (Article 25(3)), the tribunal may proceed and decide based on the available record. Proceedings may continue where:

• proper notice is given; and
• due process is preserved.

QFC Arbitration Regulations: Article 31 of the QFC Arbitration Regulations is broadly similar, although claimant default is discretionary. Proceedings may continue where:

• proper notice is given; and
• due process is preserved.

8.8 Are arbitrators immune from liability?

Arbitration Law: Under Article 11(11) of the Arbitration Law, arbitrators are immune from liability unless they act:

• in bad faith;
• in collusion; or
• with gross negligence.

QFC Arbitration Regulations: Article 19 of the QFC Arbitration Regulations states that arbitrators are not liable for acts or omissions in the exercise of their functions, except where these are proven to have been conscious or deliberate.

9 The role of the court during an arbitration

9.1 Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?

Arbitration Law: Under Article 8(1) of the Arbitration Law, the Qatari courts must decline to accept a claim where the dispute is subject to a valid arbitration agreement, unless the agreement is:

• null and void;
• inoperative; or
• incapable of being performed.

The objection must be raised before the respondent's first submission on the merits.

Qatar Financial Centre (QFC) Arbitration Regulations: Under Article 11(1) of the QFC Arbitration Regulations, if an action is brought before the QFC Civil and Commercial Court in a matter that is covered by an arbitration agreement, the court must, on timely request, refer the parties to arbitration unless the agreement is:

• null and void;
• inoperative; or
• incapable of being performed.

9.2 Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?

Arbitration Law: Under the Arbitration Law, the Qatari courts have both supportive and supervisory powers over arbitrations seated in Qatar. These include the power to:

• grant interim or precautionary measures before or during the proceedings (Article 9);
• enforce tribunal-ordered interim measures unless they conflict with Qatari law or public policy (Article 17(3));
• assist with evidence taking at the tribunal's request (Article 27); and
• hear applications to set aside awards on the statutory grounds set out in Article 33.

QFC Arbitration Regulations: Under the QFC Arbitration Regulations, the QFC Civil and Commercial Court has comparable powers for arbitrations seated in the QFC, including the power to:

• grant interim relief (Articles 12, 22I and 22A–22H);
• assist with evidence (Article 33); and
• enforce tribunal-ordered interim measures subject to the refusal grounds in Article 22H, which incorporate certain provisions of Article 43.

In practice, particularly in construction disputes, Qatari courts occasionally appoint experts during ongoing arbitration proceedings; while this can result in some procedural overlap, arbitral tribunals retain full discretion in determining the weight to be given to such court-appointed expert evidence.

9.3 Can the parties exclude the court's powers by agreement?

No. Under both the Arbitration Law and the QFC Arbitration Regulations, parties may not exclude core judicial powers. These powers are mandatory and apply regardless of party agreement.

10 Costs

10.1 How will the tribunal approach the issue of costs?

Article 38(1) of the Qatar Financial Centre (QFC) Arbitration Regulations provides that the arbitral panel may award costs unless the parties have agreed otherwise. Pursuant to Article 38(2)(B), the award must specify who must pay the amount of the costs or any part of it and to whom, taking into consideration in particular the parties' relative success in the arbitration. Article 38(3) sets out the categories of costs that may be awarded, including:

• tribunal fees;
• legal representation costs;
• expert fees;
• witness expenses;
• meeting and hearing costs; and
• institutional fees.

Similarly, under the Arbitration Law, Article 31(4) provides that the award will:

• state the costs and fees;
• identify who is to pay them; and
• set out the procedures for payment, unless the parties agree otherwise.

Article 17(4) further permits the tribunal to allocate costs in relation to interim measures.

Tribunals typically follow the applicable institutional rules or international practice, which may include:

• the 'costs follow the event' principle;
• apportionment based on the parties' conduct; or
• a rule that each party will bear its own costs, depending on the circumstances.

10.2 Are there any restrictions on what the parties can agree in terms of costs in an arbitration seated in your jurisdiction?

Under Article 31(4) of the Arbitration Law and Article 38(1) of the QFC Arbitration Regulations, the tribunal has discretion to allocate arbitration costs unless the parties have agreed otherwise. While the Arbitration Law does not expressly define 'costs', they are generally understood to include:

• tribunal fees;
• legal representation costs;
• expert and administrative expenses; and
• related outlays.

The QFC Arbitration Regulations expressly provide for the recovery of such costs, including interest (Article 38(2)(C)).

In both regimes, party agreements on costs will generally be upheld unless they conflict with mandatory provisions. The approach is often guided by:

• applicable institutional rules; and
• prevailing international standards.

11 Funding

11.1 Is third-party funding permitted for arbitrations seated in your jurisdiction?

Neither Qatari law nor the Qatar Financial Centre Arbitration Regulations expressly address third-party funding.

12 Award

12.1 What procedural and substantive requirements must be met by an award?

Arbitration Law: Under Articles 31(1)–(6) of the Arbitration Law, an award must be:

• in writing; and
• signed by the arbitrator(s).

Where the tribunal is composed of more than one arbitrator, the signature of the majority is sufficient, provided that the reason for any omitted signatures is stated. The award must:

• state its date and the seat of arbitration, as determined under Article 20(1); and
• set out the reasons upon which it is based, unless:
• • the parties have agreed otherwise;
  • the legal rules applicable to the arbitral proceedings do not require the statement of the reasons; or
  • the award is a consent award under Article 30.

Article 31(4) further requires the award to:

• state the arbitration costs;
• identify who is to bear them; and
• set out the procedures for payment, unless the parties have agreed otherwise.

Under Article 31(3), the award must also:

• identify the parties and their addresses;
• set out the names, addresses, nationalities and capacities of the arbitrators;
• include a copy of the arbitration agreement; and
• contain a summary of the parties' requests, statements and documents, together with the tribunal's decision.

The law also requires that:

• the original signed copy of the award be delivered to each party within 15 days of issuance (Article 31(8)); and
• an electronic copy be submitted to the Ministry of Justice within two weeks of issuance (Article 31(11)).

While the law does not mandate the use of Arabic, an official Arabic translation is required for enforcement before the Qatari courts.

Qatar Financial Centre (QFC) Arbitration Regulations: Under Article 37 of the QFC Arbitration Regulations, the award must be:

• in writing; and
• signed by the arbitrator(s), with majority signature permitted if the reason for any omitted signatures is stated.

The award must state:

• the reasons upon which it is based (unless waived);
• the date of issuance; and
• the seat of arbitration.

A signed copy must be delivered to each party.

Under Article 34, the tribunal must decide on the dispute in accordance with:

• the law chosen by the parties; or
• in the absence of such choice, the rules of law that it determines to be applicable.

It must also consider the terms of the contract and relevant trade usages. Once issued, the award is final and binding.

12.2 Must the award be produced within a certain timeframe?

Arbitration Law: Article 31(5) sets a default deadline of one month from closing the proceedings, extendable once by up to one month, unless the parties agree otherwise. The QFC Arbitration Regulations does not fix a timeframe.

13 Enforcement of awards

13.1 Are awards enforced in your jurisdiction? Under what procedure?

Arbitration Law: Arbitral awards have res judicata effect and are enforceable in accordance with Article 34(1) of the Arbitration Law. An enforcement application must be submitted in writing to the competent judge together with:

• the arbitration agreement (Article 34(2));
• the original award or a duly certified copy thereof (Article 34(2)); and
• a certified Arabic translation if the award is in a foreign language (Article 34(2)).

An application for enforcement cannot be accepted until the one-month period for filing a setting-aside application under Article 33(4) has lapsed (Article 34(3)).

Recognition or enforcement may be refused only on the limited grounds in Article 35(1)–(2), which reflect the New York Convention. These include:

• incapacity;
• invalid agreement;
• lack of proper notice or inability to present a case;
• decisions beyond the scope of submission;
• improper tribunal composition or procedure;
• the award not being binding or having been set aside;
• non-arbitrability; and
• conflict with the public policy of Qatar.

The competent judge:

• may adjourn enforcement if setting-aside proceedings are pending at the seat; and
• may order security (Article 35(2)).

Qatar Financial Centre (QFC) Arbitration Regulations: Within the QFC, enforcement is governed by Article 42 of the QFC Arbitration Regulations. The QFC Civil and Commercial Court has exclusive jurisdiction over enforcement applications (Article 42(2)). The party relying on an award or seeking enforcement must supply:

• the original award or a duly certified copy thereof (Article 42(3)); and
• the original arbitration agreement or a duly certified copy thereof (Article 42(3)).

If the award or agreement is not in English or Arabic, the court may require a certified translation (Article 42(3)).

Recognition and enforcement may be refused only on the limited grounds in Article 43, which mirror the New York Convention. These include:

• incapacity;
• invalid agreement;
• lack of proper notice or inability to present the case;
• decisions beyond the scope of submission;
• improper tribunal composition or procedure;
• the award not being binding or having been set aside;
• non-arbitrability; and
• public policy (Articles 43(1)–(2)).

The QFC Civil and Commercial Court:

• may adjourn enforcement if setting-aside or suspension proceedings are pending in the country of origin; and
• may order security (Article 43(2)).

14 Grounds for challenging an award

14.1 What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?

Arbitration Law: Awards are not appealable on the merits (Article 33(1)). The exclusive judicial recourse is an application to set aside. The applicant must prove one of the following:

• The arbitration agreement is invalid or a party thereto lacked capacity (Article 33(2)(a)).
• A party:
• • was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings; or
  • was otherwise unable to present its defence (Article 33(2)(b)).
• The award decides on matters that are beyond the scope of the arbitration agreement (with severability for unaffected parts) (Article 33(2)(c)).
• The composition of the arbitral tribunal or the arbitral procedure did not accord with the agreement of the parties, unless such agreement:
• • conflicted with a non-derogable provision of the law; or
  • failing such agreement, did not accord with the law (Article 33(2)(d)).

The court must also set aside an award on its own motion if:

• the subject matter is not capable of settlement by arbitration under Qatari law; or
• the award conflicts with the public policy of Qatar (Article 33(3)).

Qatar Financial Centre (QFC) Arbitration Regulations: Recourse to the QFC Civil and Commercial Court against an award may be made only by an application to set aside under Article 41 of the regulations. The court may set aside an award only if one of the following applies:

• A party to the arbitration agreement was under incapacity, or the agreement is not valid under the law to which the parties have subjected it or, failing that, under QFC law (Article 41(2)(A)(i)).
• A party:
• • was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings; or
  • was otherwise unable to present its case (Article 41(2)(A)(ii)).
• The award:
• • deals with a dispute not contemplated by or not falling within the terms of submission to arbitration; or
  • contains decisions on matters that are beyond the scope of submission (with severability for unaffected parts) (Article 41(2)(A)(iii)).
• The composition of the arbitral tribunal or the procedure did not accord with the agreement of the parties, unless such agreement:
• • conflicted with a non-derogable provision of the regulations; or
  • failing such agreement, did not accord with the regulations (Article 41(2)(A)(iv)).
• The subject matter of the dispute is not capable of settlement by arbitration under QFC law (Article 41(2)(B)(i)).
• The award is in conflict with the public policy of the QFC and/or the state of Qatar (Article 41(2)(B)(ii)).

14.2 Are there are any time limits and/or other requirements to bring a challenge?

Arbitration Law: Under the Arbitration Law, an application to set aside must be filed within one month of:

• the date on which the award is notified to the applicant; or
• date on which the applicant was notified of any correction, interpretation or additional award under Article 32 (Article 33(4)).

QFC Arbitration Regulations: Under the QFC Arbitration Regulations, an application to set aside must be filed within 90 days of:

• the date on which the applicant received the award; or
• the date on which a correction or interpretation under Article 40 was received (Article 41(3)).

14.3 Are parties permitted to exclude any rights of challenge or appeal?

Under both the Arbitration Law and the QFC Arbitration Regulations, the setting-aside mechanism and the court's own-motion powers are mandatory.

15 Confidentiality

15.1 Is arbitration seated in your jurisdiction confidential? Is a duty of confidentiality found in the arbitration legislation?

Arbitration Law: The Arbitration Law does not establish a general statutory duty of confidentiality for arbitration proceedings. The sole express provision on confidentiality is Article 31(8), which prohibits the publication of the arbitral award, or parts thereof, without the parties' consent; otherwise, confidentiality depends on party agreement or institutional rules.

Qatar Financial Centre (QFC) Arbitration Regulations: Article 12A of the QFC Arbitration Regulations creates a default duty of confidentiality over "all information relating to the arbitral proceedings, including the award".

15.2 Are there any exceptions to confidentiality?

Arbitration Law: Under the Arbitration Law, there is no general statutory duty of confidentiality, so any exceptions will depend on:

• the confidentiality clause in the arbitration agreement; or
• the institutional rules chosen by the parties.

The only express legislative restriction is in Article 31(8), which prohibits publication of the arbitral award, or parts thereof, without the consent of the parties. This means that if the parties have agreed on confidentiality, exceptions will typically be those they specify, such as disclosures required:

• by law;
• by a court or regulatory authority; or
• for the enforcement or challenge of an award.

QFC Arbitration Regulations: Article 12A of the QFC Arbitration Regulations provides a default statutory confidentiality regime for "all information relating to the arbitral proceedings, including the award", unless the parties agree otherwise in writing. Disclosure is permitted only:

• by order of the QFC Civil and Commercial Court;
• for the purpose of making an application to any competent court of any state to enforce or challenge the award; or
• where required by law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.