A commercial contract with a Qatari party can send a dispute to the Qatari courts, to arbitration, or to the Qatar Financial Centre (QFC) courts when the parties agree to that. Qatar has a single modern arbitration statute, Law No. 2 of 2017, and a procedure code from 1990 that still governs ordinary litigation, and a judicial enforcement law from 2024 that governs the enforcement of foreign judgments. This guide reads the Arabic text of the three laws from Almeezan, the official portal of the Ministry of Justice: Law No. 2 of 2017 promulgating the Arbitration Law in Civil and Commercial Matters (Official Gazette no. 3 of 2017) and Law No. 13 of 1990 promulgating the Civil and Commercial Procedure Law (Official Gazette no. 13 of 1990), and Law No. 4 of 2024 promulgating the Judicial Enforcement Law (Official Gazette no. 7 of 2024), all shown as in force. We assist clients with Qatari disputes from our office in Kuwait, in cooperation with our partners in Qatar. Related guides are linked at the end.
How the arbitration law is built
Law No. 2 of 2017 has six articles of issue and an annexed Arbitration Law. The issuing articles do three things that matter. The annexed law applies to any arbitration that exists on the date it takes effect or starts after it (Article 3 of the issuing law). It repeals Articles 190 to 210 of the Procedure Law, which used to regulate arbitration (Article 4). And Article 2 keeps out of its scope disputes that no other law allows to be settled by arbitration, or that can be arbitrated only under different rules. The annexed law then runs from definitions to arbitration centres in 38 articles. Article references below are to the annexed Arbitration Law unless stated.
Where the law applies (Articles 1 and 2)
Subject to the international conventions in force in Qatar, the law applies to any arbitration between public law or private law parties, whatever the legal relationship, if the arbitration takes place in Qatar, or is an international commercial arbitration abroad whose parties agree to submit it to this law (Article 2(1)). Two rules affect state bodies. An arbitration agreement in an administrative contract needs the approval of the Prime Minister or the person he authorizes, and public law persons may never use arbitration for disputes among themselves (Article 2(2)). The law also defines commercial arbitration as one over a dispute about a legal relationship of an economic nature, contractual or not (Article 2(3)).
Two definitions in Article 1 decide which court helps. The "competent court" is the arbitration disputes circuit of the Court of Appeal, or the Court of First Instance (civil and commercial) of the QFC when the parties agree on it. The "competent judge" for enforcement is the enforcement judge of the Court of First Instance, or the enforcement judge of the QFC Civil and Commercial Court if the parties agree. A Qatari arbitration clause can therefore choose, in advance, whether the state courts or the QFC courts will supervise and enforce, and an unclear clause leaves the question to be argued after the dispute starts.
The arbitration agreement (Articles 7 and 8)
An arbitration agreement is an agreement of persons, legal or natural, with legal capacity to contract, to submit all or some disputes, existing or future, about a defined legal relationship, contractual or not. It can be a separate agreement or a clause in a contract (Article 7(1)). Matters that cannot be settled cannot be arbitrated (Article 7(2)). The agreement must be in writing or it is void. It counts as written if it is in a document signed by the parties, in paper or electronic messages, or in any other form made by communication means that allow proof of receipt in writing (Article 7(3)).
When a claim is filed in court despite an arbitration agreement, the court must hold it inadmissible if the defendant objects before making any request or defense on the merits, unless the court decides that the agreement is void, null, ineffective or impossible to perform. The court case does not stop arbitration from starting, continuing or ending in an award (Article 8). The practical rule is the same as elsewhere in the Gulf: raise the arbitration clause in your first filing.
The tribunal (Articles 10 to 15)
The tribunal has one or more arbitrators as the parties agree, and three if they do not agree. A tribunal of several arbitrators must have an odd number or the arbitration is void (Article 10). An arbitrator is appointed from the arbitrators accredited and registered at the Ministry of Justice, but any person can be appointed if he has full capacity, has no final conviction for a felony or misdemeanor involving dishonor or breach of trust (even if rehabilitated), and has a good reputation (Article 11(1)). Nationality is not a condition unless the parties or the law say so (Article 11(2)). An arbitrator must disclose in writing any circumstance that raises doubts about his impartiality or independence, and the duty continues during the arbitration (Article 11(3)).
An arbitrator can be challenged only for circumstances that raise justified doubts about impartiality or independence, or for lacking the qualifications the parties agreed on. A party cannot challenge an arbitrator it appointed, or helped to appoint, except for reasons it learned of after the appointment (Article 12). Unless the parties agree a procedure, a challenge is made in writing to the tribunal within fifteen days of learning of the tribunal's formation or of the circumstances. If the arbitrator does not step down or the other party does not agree, the other authority or the competent court decides, and its decision cannot be challenged. The tribunal suspends the proceedings until it is decided (Article 13(1)). A court or other authority can end an arbitrator's mandate if he cannot or does not perform and causes undue delay (Article 14).
Jurisdiction and interim measures (Articles 9, 16 and 17)
The tribunal decides objections to its own jurisdiction, including that there is no valid agreement or that the agreement has lapsed or does not cover the dispute. The arbitration clause is an agreement separate from the other terms of the contract, and the invalidity, rescission or termination of the contract does not affect a clause that is valid in itself (Article 16(1)). The objection must be raised no later than the statement of defense (Article 16(2)).
On interim measures, the competent judge may order interim or protective measures at a party's request, before or during the arbitration, when the tribunal or another authority is not competent or cannot act effectively in time, and asking for them is not a waiver of the arbitration agreement (Article 9). Unless the parties agree otherwise, the tribunal itself may order interim measures or interim awards at a party's request. These include keeping or restoring the status quo, preventing imminent harm or harm to the arbitration, preserving assets that could satisfy a later award and preserving evidence (Article 17(1)). A party that obtains such an order from the tribunal can, with the tribunal's written permission, apply to the competent judge to enforce it, and the judge must enforce it unless it conflicts with the law or public policy. The applicant bears the costs and damages if the tribunal later finds the order should not have been made (Article 17).
Procedure, language, seat and evidence (Articles 18 to 27)
The tribunal must be impartial, treat the parties equally and give each a full and equal opportunity to present its case, and must avoid unnecessary delay and cost (Article 18). The parties may agree on the procedure, including evidence rules, and may adopt the rules of an arbitration institution in or outside Qatar (Article 19(1)). If they do not, the tribunal applies the procedure it considers appropriate, including deciding what evidence is admissible and relevant (Article 19(2)).
The parties may agree on the seat in or outside Qatar. If not, the tribunal sets it with regard to the circumstances and convenience of the parties. The tribunal may meet elsewhere to hear parties, witnesses or experts, to inspect documents or property, or to deliberate (Article 20). Unless the parties agree otherwise, the arbitration starts on the day the respondent receives the request to refer the dispute to arbitration (Article 21). The parties may agree on the language or languages. If they do not, the tribunal decides, and the choice applies to written statements, hearings and every decision or award. The tribunal may order translations of documents (Article 22).
The claimant files a written statement of claim, and the respondent a written defense, which can include counterclaims or a set-off defense, within the agreed or set times (Article 23). The tribunal holds hearings unless the parties or the tribunal prefer to work on documents. It hears witnesses and experts without an oath (Article 24(2)). If the claimant does not file its statement of claim, the tribunal ends the proceedings unless there is an acceptable excuse. If the respondent does not file a defense, the tribunal continues, and that is not itself an admission of the claim (Article 25). The tribunal can appoint experts and gives each party a copy of the expert report and a chance to comment (Article 26). The tribunal, or a party with the tribunal's consent, can ask the competent court for help in getting evidence, and the tribunal may suspend the arbitration while waiting, which also suspends the time limit for the award (Article 27).
Governing law and amiable composition (Article 28)
The tribunal decides under the legal rules the parties agree. If they choose the law of a particular state, the tribunal applies its substantive rules and not its conflict-of-laws rules, unless the parties expressly agree otherwise (Article 28(1)). Qatar differs here from some Gulf laws. If the parties did not choose the applicable rules, the tribunal applies the law that the conflict-of-laws rules point to (Article 28(2)), and not the law it finds most closely connected. The tribunal cannot decide on fairness and equity without being bound by the law unless the parties expressly allow it (Article 28(3)). In all cases it decides under the contract terms and takes trade usage into account.
The award (Articles 29 to 32)
Decisions of a tribunal with several arbitrators are taken by majority, after deliberation as the tribunal decides, unless the parties agree otherwise (Article 29). If the parties settle during the proceedings, the tribunal ends the proceedings and, if asked, records the settlement as an award by consent, which has the force and effect of an arbitral award (Article 30). An award is in writing and signed by the arbitrators, with the signatures of a majority enough if the reason for the others' absence is stated. It must give reasons, unless the parties agree otherwise, the legal rules that apply to the arbitration procedure do not require reasons, or the award is by consent, and it must state the names and addresses of the parties, the names, addresses, nationalities and capacities of the arbitrators, a copy of the arbitration agreement, the date, and the seat (Article 31).
Unless the parties agree otherwise, a party can ask the tribunal within seven days of receiving the award to correct clerical, arithmetical or other material errors, and, if the parties agreed to this, to interpret a point in the award. The tribunal decides within seven days of the request (Article 32). The short time limits make it important to put an agreed correction period in the clause if you want a longer one.
If the parties agree no period, the award is due within one month of the close of the hearings, and the tribunal may extend that by up to one more month unless the parties agree or consent otherwise (Article 31(5)). The tribunal may reopen the hearings before the award if it sees a reason (Article 31(6)). The period stops running while the tribunal waits for court help with evidence (Article 27(1)) or for a final judgment on a matter outside its powers or a forgery claim (Article 31(7)). The text that we read has no general confidentiality rule. If you want confidentiality, or a different time limit, write it into the clause or into the institutional rules you choose.
Challenging an award (Article 33)
No appeal lies against an award. The only route is an annulment action before the competent court (Article 33(1)). The court accepts it only if the claimant proves one of these: a party lacked capacity or the agreement is invalid under the law chosen for it, or under this law if none was chosen; the claimant was not properly notified of an arbitrator's appointment or of the proceedings, or could not present its defense for another reason beyond its control; the award decided matters outside the agreement (only the offending parts are annulled if they can be separated); or the tribunal's formation, the arbitrators' appointment or the procedure did not follow the parties' agreement, unless the agreement conflicts with a mandatory rule of the law (Article 33(2)). The court also annuls the award on its own motion if the subject matter cannot be arbitrated under Qatari law or if the award violates Qatari public policy (Article 33(3)).
The action must be filed within one month of the parties receiving the award, or of notice of the award to the claimant, or of the correction decision, interpretation or additional award, unless the parties agreed in writing to extend that period (Article 33(4)). The court may stay the annulment case for a period it sets so that the tribunal can remove the ground for annulment (Article 33(5)). Its judgment is final and cannot be challenged by any means (Article 33(6)).
Recognition and enforcement (Articles 34 and 35)
Arbitral awards have the authority of a final judgment and are enforceable under the law, whichever state they come from (Article 34(1)). The application is made in writing to the competent judge, with a copy of the arbitration agreement, the original award or a signed copy in the language in which it was issued, and a translation into Arabic by an approved body if it is in a foreign language, unless the parties agreed another means of enforcement (Article 34(2)). The application is not accepted until the period for an annulment action has ended (Article 34(3)). That is a real timing point: even an uncontested award has to wait out the one-month annulment period before you can ask to enforce it.
Article 35 allows the court to refuse recognition or enforcement of any award, whichever state it comes from, in only two cases. The first is where the party against whom enforcement is sought proves one of the grounds that mirror the annulment grounds: incapacity or an invalid agreement, improper notice or inability to present its case, an award outside the scope of the agreement, an irregular tribunal or procedure, or an award that is not yet binding or has been set aside or suspended by a competent court of the country where it was made. The second is where the court finds that the subject matter cannot be arbitrated under Qatari law or that enforcement would violate Qatari public policy. Qatar has been a New York Convention state since its accession on 30 December 2002, in force on 30 March 2003, according to the UNCITRAL status table.
Foreign court judgments (Judicial Enforcement Law, Articles 3, 6 and 13 to 16)
Since 2024, enforcement in Qatar is governed by Law No. 4 of 2024 promulgating the Judicial Enforcement Law, which repealed Book Three (Enforcement) of the 1990 Procedure Law in full. Articles 379 to 383 of the old code, which older commentary still cites for foreign judgments, no longer apply. Under the new law, foreign judgments, orders and official deeds are enforcement instruments (Article 6(3)), and the Enforcement Court has exclusive jurisdiction over enforcement (Article 3). A foreign judgment or order can be enforced on the conditions that the law of the issuing country sets for enforcing Qatari judgments there, which is a reciprocity rule (Article 13). The court also checks four points (Article 13): Qatari courts do not have exclusive jurisdiction over the dispute and the foreign court was competent under its own rules; the parties were summoned and properly represented; the judgment has the force of res judicata under the law of the court that issued it; and the judgment does not conflict with an earlier Qatari judgment and does not violate public order or morals in Qatar. Foreign official deeds are covered by Article 14. Article 15 adds a requirement that is new compared with the old code: a certified Arabic translation of the document and a certified statement of the enforcement procedure in the issuing country. Article 16 keeps treaties in force, whichever state they are with. Foreign arbitral awards do not use this route. They follow Articles 34 and 35 of Law No. 2 of 2017, described above.
The two routes differ on conditions and paperwork. A foreign judgment needs reciprocity, four court checks and the certified documents of Article 15, while an arbitral award has only the narrow refusal grounds of Article 35. That is why a Qatar-seated or enforceable arbitral award is often the practical choice for a foreign party whose home courts do not reciprocate.
Litigation in Qatari courts
The language of the courts is Arabic, and the court hears parties or witnesses who do not know Arabic through an interpreter under oath (Procedure Law, Article 68). The appeal period is thirty days, and twenty days in urgent matters, unless the law says otherwise (Article 164). Because Article 4 of Law No. 2 of 2017 repealed the Procedure Law's arbitration chapter (Articles 190 to 210), you should not rely on old commentary that applies those articles to arbitration.
Drafting checklist for a Qatar dispute clause
- Choose the route: Qatari courts, arbitration, or arbitration with the QFC court as the supervising and enforcing court.
- For arbitration, name the institution or rules, the seat, the language and the number of arbitrators.
- Say who the competent court and the competent judge are: the state courts, or the QFC courts, by agreement as Article 1 allows.
- Write the time limit for the award (the default is one month from the close of the hearings, plus one more month) and a confidentiality clause, because the statute does not give confidentiality by default (Article 31(8) only bars publishing the award without the parties' consent).
- Choose the governing law of the contract, and say whether the tribunal may decide as amiable compositeur. If you do not choose a law, the conflict-of-laws rules decide.
- State whether the tribunal may order interim measures.
- Agree a correction and interpretation period if seven days is too short.
- For state bodies, confirm the Prime Minister's approval for administrative contracts.
- Plan for the one-month annulment period when you plan enforcement, and prepare a certified Arabic translation of the award.
Common mistakes
- No confidentiality clause, on the assumption that the law supplies one, and no check of the short one-month award period that applies when the clause is silent.
- Leaving the competent court unclear, so the party that wants delay argues about whether the state courts or the QFC courts have jurisdiction.
- Missing the seven-day period to ask for corrections, or the one-month period to challenge.
- Filing to enforce an award before the annulment period ends (Article 34(3)).
- Assuming a foreign judgment is enforced like an award. The judgment route needs reciprocity, the four checks of Article 13 and the certified translation and statement of Article 15 before the Enforcement Court.
- Using an administrative contract arbitration clause without the Prime Minister's approval.
Read also: Qatar Commercial Contracts Under the Civil Code: A Guide | Qatar Market Entry: Foreign Ownership and Free Zones Guide | Enforcing Foreign Arbitral Awards in Kuwait: Step by Step
Frequently asked questions
Which law governs arbitration in Qatar?
Law No. 2 of 2017 promulgating the Arbitration Law in Civil and Commercial Matters.
Can the parties choose the QFC courts?
Yes. Article 1 defines the competent court and the competent judge to include the QFC courts when the parties agree.
How long do I have to challenge an award?
One month from receiving the award, or from notice of the correction, interpretation or additional award (Article 33(4)).
Can I enforce an award straight away?
No. The enforcement application is accepted only after the annulment period has ended (Article 34(3)).
Does Qatar enforce foreign awards?
Yes. Article 34 gives them force whichever state they come from, and Article 35 limits refusal to two cases. Qatar is a New York Convention state.
Are foreign judgments enforced?
They can be, on reciprocity and after four checks, before the Enforcement Court under the Judicial Enforcement Law (Articles 3, 13 and 15). You also need a certified Arabic translation and a certified statement of the enforcement procedure in the country that issued the judgment.
Can you run a Qatar dispute from outside the country?
Yes. We manage the file from our office in Kuwait, in cooperation with our partners in Qatar.