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. When drafting an arbitration agreement as part of a contract and where parties wish to elect the Court at the QICDRC as the Competent Court, parties should use the wording of the QICDRC Dispute Resolution Clause so that the intention of the parties is clear and unambiguous.
Why choose the Court at the QICDRC?
Parties will need to decide which Court is right for them when it comes to selecting the Competent Court. A number of factors will be relevant, but in particular the nature of the contract and the type of disputes which may arise are of likely importance.
The Court comprises a panel of expert, arbitration-friendly, judges from a range of common law and civil law jurisdictions. The judges of the Court observe a Judicial Code of Conduct, the cornerstones of which are independence, impartiality, integrity and propriety. More information about the judges of the Court can be found here
In addition, the Court houses a state of the art courtroom containing some of the most sophisticated courtroom technology in use today. Its ability to operate virtually is one of its key characteristics, providing access to justice without the need for physical attendance at hearings and trials.
The Court is serviced by a Registry, headed by the Registrar, which is responsible for the case management of the cases that come before the Court. The Registrar and his team of expert case managers and support staff are available to assist Court-users who have queries in relation to filing an application, or who are seeking assistance as to the practices and procedures to be adopted before the Court.
What applications can be made to the Court?
Subject to the agreement between the Parties, where the Court has been chosen as the Competent Court of the arbitration, it has jurisdiction over matters relating to:
· The appointment and removal of arbitrators
· Determining challenges to jurisdiction
· Assisting with the taking of evidence
· Correcting awards
· Hearing appeals against awards
· Determining challenges in relation to enforcement decisions
In addition, the Enforcement Judge of the Court will consider applications relating to:
· Interim measures and their enforcement
· Enforcement of awards
In addition to providing access to the Court, the QICDRC’s purpose built arbitration facilities are available for use by those parties who wish to conduct arbitrations at them. The facilities comprise a large plenary room with modern, easily moveable, furniture so as to allow the layout of the room to be adapted to suit the needs of the arbitrators and the parties. The room also contains a large presentation monitor and can be equipped with a range of technological and administrative support resources as required. In addition, private break-out rooms are available for the parties and their legal representatives which, like the large plenary room, contain a wide-screen presentation monitor and can be stocked with portable office equipment as required.
Other forms of Alternative Dispute Resolution
If you are interested in learning more about other forms of ADR which we may be able to offer, please do not hesitate to contact us.