QICDRC Courts

 

 

Introduction

  1. All companies in Doha are not able to use the Qatar International Court and Dispute Resolution Center (QICDRC). The power of the QICDRC to make legal decision i.e. its jurisdiction is within the Qatar Financial Centre (QFC). For a company to use this court, it must have a connection with the QFC. For those companies located in the QFC, the QICDRC has mandatory jurisdiction over their cases. This means that the court must hear and decide on those cases. However, for those companies that are not located in the QFC but have a connection with the QFC, these companies must agree to use the QICDRC courts in what is known as consensual jurisdiction.

 

  1. No fee is charged for bringing a case to the court. Any company wishing to take their case to QICDRC is not entitled to any charges associated with bring the case to the court. However, if the companies decide to involve lawyers they are liable for the fee associated with their services unless there are different orders from the court. Additionally, if a party loses a case the loser is liable for their opponents’ legal fee. However the court has the power to change this order under appropriate circumstances. Additionally, if the court incurs any expenses, e.g. experts or assessors cost or any cost that is related to courts proceedings, it can order for their payments in the way it finds it fit. However, the court considers any relevant settlement offers. A judge or the registrar is responsible for making cost assessments.

Mediation

  1. There are both commercial and international mediation processes. If it is related to international trade, then it is international. If it is of an economic nature, then it is commercial. QICDRC is mandated by Article eight section three C of the Qatar Financial Law number seven of 2005 to here and settle disputes that relate to civil and commercial fields.
  2. An average of five mediations are hosted annually although this number changes with the years.

  

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Arbitration

  1. The QICDRC arbitration services are quit promising and pleasing. This is because; the court provides the parties with the opportunity to choose the competent court of arbitration to handle their case. This gives them the opportunity to choose the court that is right for them based on their interests. The mode of selection depends on several factors but it precisely depends on the contract nature and the type of dispute. Moreover, the court panel is composed of friendly and professional judges from common and civil law jurisdictions. Additionally, the judges are guided by a sense of independence, propriety, integrity and impartiality which makes their judgments and services reliable. The court house is equipped with sophisticated modern technology making it easy to provide justice to clients without their physical appearance to the court. The registry headed by the registrar, services the court by managing the cases and assisting the court users by giving appropriate clarifications providing quality care to the clients.
  2. The name of this law is Law No. (2) of 2017: the law of Arbitration in Civil and Commercial matters.

 

Qatar International Court

  1. The Qatar International court is made up of two distinct bodies which are the regulatory tribunal and the civil and commercial court. The civil and commercial court further comprises of the first instance circuit and also an appeals circuit. The court services of the civil and commercial court are offered to the companies, authorities, and institutions in the QFC, as well as the parties they conduct business with. The judges have jurisdiction in common and civil law. On the other hand, the regulatory tribunal has the legal power to decide on the cases raised by companies or individuals against the regulatory authority, QFC authority, or the institutions.
  2. An average of five court cases is heard every year, although the number differs with each give year.
  3. One of the judgments from the Tribunal is named “Phillip Leung vs. Employment Standards Office and Qatar Financial Centre Regulatory Authority” The case number was 01/2017 and it was dated 8th may 2017.
  4. The first instance court hears cases that relate to civil and commercial disputes where there is a connection with the QFC. An example of such a dispute to be heard in a first instance court is where contract-debt recovery between companies is involved. An example of a dispute that can be heard by the Appellate division court is where a claimant is ordered by the first instance court to pay a certain sum of money to the defendant, and thus the claimant moves to appeal against this order. An example of a dispute that can be heard at the regulatory tribunal is where an individual has been awarded penalties by the QFC regulatory authority, and hence the said individual appeals against such penalties to the regulatory tribunal court.
  5. Proceedings in the court are usually in English. However, the proceedings can also be conducted in Arabic if the parties wish so. Where translation services are required by the parties to the court proceedings, then the registrar arranges for an interpreter to be made available.
  6. The judges of the court hail from various jurisdictions such as New Zealand, Qatar, the United Kingdom (UK), Germany, and India. These judges are, therefore, well known judicial and legal figures from all around the world.
  7. The judgments are communicated directly to the parties as one of the ways. These judgments are also made publicly available on the courts website. They are issued both in English and Arabic languages. The communication can also be made through personal service, delivery to the Parties’ address, or even by fax.

 

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