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. The Competent Court may perform various functions including in relation to interim measures, enforcement of awards and appeals
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, most importantly the particular nature of the contract and the type of disputes which may arise.
The Court comprises a panel of expert, arbitration-friendly, judges from a range of civil and common law jurisdictions.
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
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 use the QICDRC as a venue to conduct their arbitrations at.
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 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 , including mediation, please do not hesitate to contact us.