Challenging arbitral jurisdiction in Qatar
Produced in partnership with Matthew Walker (Partner) and Leanie van de Merwe (Associate) of K&L Gates Doha, Qatar
Challenging arbitral jurisdiction in Qatar

The following Arbitration guidance note Produced in partnership with Matthew Walker (Partner) and Leanie van de Merwe (Associate) of K&L Gates Doha, Qatar provides comprehensive and up to date legal information covering:

  • Challenging arbitral jurisdiction in Qatar
  • Challenging arbitral tribunal jurisdiction in Qatar—some background
  • Stay of court proceedings in favour of arbitration in Qatar
  • The kompetenz-kompetenz rule in Qatar
  • Positive developments

For an introduction to arbitration in Qatar, see Practice Note: Arbitration in Qatar—an introduction.

Challenging arbitral tribunal jurisdiction in Qatar—some background

There is little jurisprudence available on the issue of challenging an arbitral tribunal’s jurisdiction in Qatar. This Practice Note, therefore, focuses on the (limited) available legislative aspects concerning this topic.

Until relatively recently, Arbitration in Qatar was governed by the provisions of the Qatar Civil and Commercial Code of Procedure (Law No 13 of 1990) (the CCPC). However, Qatar enacted Law No 2 of 2017 Promulgating the Civil and Commercial Arbitration Law (the Arbitration Law). Article 2 of the Arbitration Law provides:

‘Without prejudice to the provisions of the international conventions in force in the State of Qatar, the provisions of this Law shall apply to all Arbitrations among parties, whether public law or private law persons, regardless of the nature of the legal relationship which is the subject of the dispute, whether the arbitration takes place in the State of Qatar or whether it is an international commercial arbitration taking place abroad, and the parties agree that it shall be subject to the provisions of this Law.

Agreement to Arbitration in administrative contract disputes shall be subject to the approval of the Prime Minister, or the person to who he delegates. Public juridical persons may not, in any case, refer to