Skip to main content

Regulatory Tribunal - Regulations and Procedural Rules

THE QATAR FINANCIAL CENTRE REGULATORY TRIBUNAL 

REGULATIONS AND PROCEDURAL RULES 

SECTION 1 

Article (1) 

Definitions 

  1. On application of the provisions of these Regulations and Procedural Rules, the following terms and expressions shall have the following meaning: 

  1. Any reference to the QFC Law is to the QFC Law as amended from time to time; 

  1. An "appeal" means an appeal against the decision of the QFC Authority, the QFC Regulatory Authority or any other QFC Institution, as contemplated by Article 8(2)(c) of the QFC law; 

  1. An "appellant" is an individual, corporate body, limited liability partnership or other entity that brings an appeal; 

  1. The "Chairman" is the Judge appointed as the chairman of the Regulatory Tribunal; 

  1. "The Court" means the Qatar Financial Centre Civil and Commercial Court established pursuant to Article 8(3) of the QFC law; 

  1. A "Judge" means a Judge of the Regulatory Tribunal, and may include the Chairman unless the context indicates otherwise. Where the context requires, "the Regulatory Tribunal" includes a Judge or Judges thereof; 

  1. A "QFC Institution" means the QFC Authority, the QFC Regulatory Authority or any other body defined as a QFC Institution in the QFC Law or in QFC Regulations; 

  1. "QFC Regulations" means Regulations and procedures made or which will in the future be made pursuant to the QFC Law provisions, and includes any rules, procedures, and provisions or other instruments made pursuant to those Regulations; 

  1. "The Registry" means the Registry for the Regulatory Tribunal, headed by the Registrar; 

  1. "The State" means the State of Qatar. 

  1. In these Regulations and Procedural Rules: 

  1. Any reference to the masculine includes the feminine and/or the neuter; 

  1. Any reference to the singular includes the plural, and vice versa. 

SECTION TWO 

Article (2) 

Application and commencement of regulations 

  1.  

  1. These Regulations and Procedural Rules come into force on the date tha1 they are approved by the Council of Ministers. 

  1. These Regulations and Procedural Rules apply to all appeals to the Regulatory Tribunal. 

SECTION THREE 

Article (3) 

Language 

  1.  

  1. These Regulations and Procedural Rules shall be drafted in both the English and Arabic languages, both of which are authoritative. Where there is a conflict between the English and Arabic versions, the Arabic shall prevail. 

  1. It is recognised that the Regulatory Tribunal is a court of Qatar. Accordingly, though proceedings before the Regulatory Tribunal will usually be conducted in English, the Regulatory Tribunal shall pay due respect to the fact that Arabic is the official language of the State. Parties before the Regulatory Tribunal shall be entitled to conduct proceedings in Arabic if they wish to do so. 

SECTION FOUR 

The overriding objective 

Article (4) 

The overriding objective 

  1.  

  1. The overriding objective of the Regulatory Tribunal is to deal with all appeals justly. 

  1. The Regulatory Tribunal must seek to give effect to the overriding objective when  it exercises its functions and powers given by the QFC Law, including under these Regulations and Procedural Rules and under QFC Regulations. 

  1. Dealing with all appeals justly includes, so far as practicable: 

  1. ensuring that appeals take place expeditiously and effectively, using no more resources of the Regulatory Tribunal and the parties than is necessary; 

  1. ensuring that the parties are on an equal footing; 

  1. dealing with the appeal in ways which are proportionate to the amount of money involved, to the importance of the appeal, to the complexity of the issues, facts and demands, and to the financial position of each party; 

  1. making appropriate use of information technology. 

  1. It is the duty of the Regulatory Tribunal to deal with all appeals in accordance with the overriding objective. 

  1. It is the duty of the parties to any appeal to assist the Regulatory Tribunal in determining that appeal in accordance with the overriding objective. 

SECTION FIVE 

REGULATORY TRIBUNAL 

Article (5) 

Constitution and management 

  1.  

  1. The constitution of the Regulatory Tribunal is as provided by Schedule 5 to the QFC Law. 

  1. In the event of any incapacity of the Chairman to perform his functions, the judges will notify to the Minister the name of a Judge who will temporarily perform the functions of the Chairman, based on the Judges' agreement, until either the Chairman is capable of performing his functions or he is replaced by the Council of Ministers in accordance with the provisions of the QFC Law. 

  1. Exceptionally, in the event that; 

  1. there are insufficient Judges available to determine an appeal; or 

  1. the Regulatory Tribunal (by the Chairman) considers that it would be appropriate in the interests of justice; 

a person who is not a Judge may be selected by the Chairman to form part of the Regulatory Tribunal for an appeal provided that that person is suitably qualified in accordance with paragraphs 2 and 3 of Schedule 5 to the QFC Law, and has the appropriate experience. For the avoidance of doubt, such person may be a judge of the Court. 

  1. The Chairman may if he thinks fit appoint as the Enforcement Judge a person who is also the Enforcement Judge for the Court. 

SECTION SIX 

THE REGISTRY 

Article (6) 

Establishment and functions of the Registry 

  1.  

  1. The Regulatory Tribunal, acting by the Chairman, shall cause a Registry to be established. The Registrar shall be appointed by the Chairman for a term not exceeding five years. 

  1. The Registry may be established, and the Registrar appointed, jointly by the Chairman of the Regulatory Tribunal and the President of the Court, in order for the Regulatory Tribunal and the Court to carry out their functions. 

  1. The Registrar shall be responsible for the management aspects of the Regulatory Tribunal and for case management of appeals to the extent required by the Chairman or the Judges. 

  1. The Registrar shall hold office on such terms and conditions as are determined by the Chairman and, if the Registrar is appointed to the Court and to the Regulatory Tribunal, on such terms and conditions as are determined by the Chairman and the President of the Court. 

  1. The Registrar may be removed by the Chairman from office on the same grounds as the Chairman or the Judges, as set out in paragraph 6 of Schedule 5 to the QFC law. In the case of misconduct, it shall be for the Chairman to determine whether such misconduct is serious and of a nature which warrants the Registrar's removal from office. 

  1. If the Chairman considers it desirable, a Deputy Registrar may be appointed, to whom the Registrar can delegate any of his responsibilities where it is appropriate for him to do so. The Deputy Registrar shall be appointed by the Chairman on behalf of the Regulatory Tribunal, on such terms as he thinks fit. He may, if the Chairman considers it desirable, be appointed as Deputy Registrar both to the Regulatory Tribunal and to the Court. 

  1. References or terms in these Regulations and Procedural Rules to the Registrar include the Deputy Registrar acting under the delegated authority of the Registrar. 

SECTION SEVEN 

Article (7) 

Contacting the Registry; Filing documents with the Registry 

  1.  

  1. Any requirement under these Regulations and Procedural Rules or under QFC Regulations that notice should be given to the Regulatory Tribunal, or that a document should be filed with or sent to the Regulatory Tribunal, shall be satisfied if the document or notice is filed at the Registry. 

  1. Where a document or notice is to be filed at the Registry, it may be filed by post, by fax, or by the party concerned depositing the document at the Registry. Electronic filing is not permitted unless the Registrar so directs, though a party at his option may file documents electronically as well as, rather than instead of, by one of the methods identified in this Section. 

  1. The Chairman may issue decisions pursuant to article 26.2 below by which the permissible methods for the filing of documents and notices with the Registry may be altered or extended. 

  1. The Registrar will from time to time issue Notices which set out the address, post, telephone, fax and e-mail details for the Registry. 

SECTION EIGHT 

JURISDICTION AND POWERS OF THE REGULATORY TRIBUNAL 

Article (8) 

Jurisdiction 

  1.  

  1. By Article 8(2)(c) of the QFC Law, the Regulatory Tribunal has jurisdiction to hear appeals raised by individuals and corporate bodies against decisions of the QFC Authority, the Regulatory Authority and other QFC Institutions. 

  1. A decision of a QFC Institution may include a failure or omission to notify a decision by the QFC Institution in question in the circumstances set out in article 8.3. 

  1. Where an appellant makes an application or request to a QFC Institution in accordance with the requirements (if any) applying to the application or request under the QFC Regulations, and where the QFC Institution fails or omits to notify its decision within 60 days (or within such other period as may be prescribed by QFC Regulations), the QFC Institution shall be deemed, for the purposes of these Regulations and Procedural Rules, to have made a decision   denying the application or request, and the deemed date of the decision shall be the last date of the 60 day period (or the last day of such other period as may be prescribed by QFC Regulations). 

SECTION NINE 

PROCEDURAL RULES 

Article (9) 

Time limits, filing and service 

  1.  

  1. All references in these Regulations and Procedural Rules to periods calculated in days shall not count the day on which the period in question begins. 

  1. References in these Regulations and Procedural Rules to a "working day" are to any day other than a Friday, Saturday or Qatar public holiday.   References to "business hours" are to the hours of 0700-1400, Doha time. 

  1. A document that is to be filed with the Regulatory Tribunal or served on any party shall be deemed to have been filed or served in accordance with the following provisions: 

  1. Where a document is sent by a postal or similar method that provides for delivery on the next working day, it shall be deemed to be served or filed on the second working day after it was sent; 

  1. Where a document is delivered to or left at an address, it shall be deemed to be served or filed on the working day after it has been delivered to or left at that address 

  1. Where a document is served or filed by fax, it shall be deemed to be served or filed: 

  1. if it is transmitted during business hours, on the day on which it is transmitted; 

  1. it is transmitted outside business hours, on the next working day. 

  1. When the last date for filing with the Registry of an appeal notice (or other document as prescribed by the QFC law or by QFC Regulations) falls on a day that is not a working day, the period for filing that document shall automatically be extended to the next working day. 

  1. Subject to any contrary provision in the QFC law or in QFC Regulations, the Chairman has power (which he may delegate to a Judge or to the Registrar) to extend or abridge any time limit imposed by these Regulations and Procedural Rules or ordered by the Regulatory Tribunal; but nothing in this article empowers the Regulatory Tribunal to abridge any time limit set out in the QFC Law. 

SECTION TEN 

Article (10) 

Commencing an appeal 

  1.  

  1. An appeal is commenced by the filing of a written notice of appeal ("an appeal notice"). 

  2. Subject to article 10.3 below, an appeal notice must be filed with the Regulatory  Tribunal (in accordance with paragraph 8 of Schedule 5 to the QFC law): 

  3. within 60 days from the date when the decision that is sought to be challenged ("the decision") is published in the relevant gazette, if applicable; or 

  1. within 60 days from the date when the appellant is notified by an official notice in writing; or 

  1. where the decision is a failure or omission to notify a decision, within 60 days of the deemed date of the decision as provided by article 8.3 above. 

  1. In accordance with paragraph 9 of Schedule 5 to the QFC Law, in the event that the appellant serves a written challenge on the QFC Institution that made the decision, the 60-day period set out in article 10.2 above (and in paragraph 8 of Schedule 5 to the QFC Law) is suspended until either: 

  1. the QFC Institution concerned has responded to the challenge (in which case the suspension ends and the 60 day period continues to run); or 

  1. a further 60 days has elapsed since the written challenge to the QFC Institution concerned was served on that QFC Institution without any response from the QFC Institution. 

  1. There is no prescribed form for an appeal notice. However, an appeal notice must comply with the requirements of article 10.5 below. 

  1. An appeal notice must state: 

  1. the full name and address of the appellant (including post, telephone, fax and, where possible, e-mail details); 

  1. the decision which the appellant wishes to challenge; 

  1. the basis on which the Regulatory Tribunal is alleged to have jurisdiction; 

  1. the grounds on which the appellant seeks to challenge the decision; 

  1. the remedies which the appellant seeks; 

  1. such other information as is relevant to the appeal. 

  1. Where the appellant is a corporate body or limited liability partnership, the address details referred to in article 10.5.1 above are the details of the appellant's registered or principal office. 

  1. Where the decision that is appealed has been published or is in writing, the appellant should file a copy of the decision with the appeal notice. 

  1. The appellant may include with the appeal notice an application for directions in relation to his appeal. 

 

SECTION ELEVEN 

Article (11) 

Service of appeal notice 

  1.  

  1. The appellant must serve his appeal notice on the QFC Institution concerned. 

  1. Such service must be effected at the same time as the appeal notice is filed with the Regulatory Tribunal or as soon as possible thereafter, and in any event so that the appeal notice is received within 7 days of its filing with the Regulatory Tribunal. 

  1. The appellant can serve his appeal notice by any means that ensures that it is brought to the attention of the QFC Institution concerned. 

  1. The appellant must notify the Registry as to the date and manner of service of the appeal notice. 

SECTION TWELVE 

Article (12) 

Responding to an appeal notice 

  1.  

  1. The QFC Institution on whom the appeal notice is served shall file a response to the appeal notice with the Regulatory Tribunal within 28 days of the date of service on it of the appeal notice. 

  1. The response to the appeal notice must: 

  1. identify any provisions of the QFC Law or QFC Regulations, or other rule or provision, on the basis of which the QFC Institution made the decision that is challenged; 

  1. state the reasons for the decision; 

  1. set out the facts and matters on which the QFC institution relies to support the decision; 

  1. identify those parts of the appeal notice which the QFC Institution accepts, those which it does not accept and those which it disputes. 

  1. The response to the appeal notice must be served by the QFC Institution on the appellant. 

  1. Such service must be effected within the timeframe set out in article 12.1 above, and may be effected by any means that ensures that it is brought to the attention of the appellant within that timeframe. 

SECTION THIRTEEN 

Article (13) 

Appellant's reply 

  1.  

  1. The appellant shall file a statement of reply to the QFC institution's response with the Regulatory Tribunal within 28 days of the date of service on it of the response. 

  1. The reply shall: 

  1. identify the matters in the response which the appellant disputes; 

  1. state the appellant's reasons for disputing them. 

  1. The statement of reply must be served by the appellant on the QFC Institution concerned. 

  1. Such service must be effected within the timeframe set out in article 13.1 above, and may be effected by any means that ensures that it is brought to the attention of the QFC Institution within that timeframe. 

SECTION FOURTEEN 

Article (14) 

Directions 

  1.  

  1. The Regulatory Tribunal has power to give such directions as it considers appropriate. ln making directions, the Regulatory Tribunal will have regard to the interests of the parties and to best international practice. 

  1. The Regulatory Tribunal may make directions on the application of any party or on its own initiative. Where it makes directions of its own initiative it may, but need not, give notice of its intention to do so. Where one party makes an application for a direction, the Regulatory Tribunal will normally give any other party an opportunity to make representations in relation to that application before any direction is made. 

  1. Directions may be given by the Registrar alone in relation to procedural matters, or by one or more Judges.  Where the Registrar gives directions, they are subject to review by a Judge. 

  1. In every appeal, and unless directions have already been given, following the filing of an appeal notice, and whether or not the appellant has applied for directions in accordance with article 10.8 above, the Regulatory Tribunal will give directions in relation to the appeal. 

  1. If the Regulatory Tribunal so determines, there will be a directions hearing, which may take place by telephone or by video link if the Regulatory Tribunal considers it appropriate. The Registrar shall give the parties not less than 7 days' notice of any directions hearing. 

  1. All directions will be given on a case by case basis and the Regulatory Tribunal may make whatever directions it considers appropriate. The directions in the articles of these Regulations and Procedural Rules that follow are for guidance only. 

  1. The parties may attempt to agree proposed directions, subject always to the views of the Regulatory Tribunal. In the event that they do so, such agreed proposed directions should be forwarded to the Registry for approval or otherwise. 

SECTION FIFTEEN 

Article (15) 

Effect of appeal proceedings on a decision 

  1.  

  1. As provided by paragraph 10 of Schedule 5 to the QFC Law, where an appellant has filed an appeal notice, the enforceability of the decision that is the subject of the appeal notice is not of itself affected. 

  1. An appellant may file an application with the Regulatory Tribunal seeking the stay of the decision and/or any steps based on the decision which the QFC Institution proposes to take and/or the effect of any steps that have been taken, pending the outcome of the appeal. Any application must set out the grounds on which it is based. 

  1. The Regulatory Tribunal may, if it considers it appropriate to do so, order that the decision and/or any steps based on the decision which the QFC Institution proposes to take and/or the effect of any steps that have been taken, be stayed pending the outcome of the appeal. 

SECTION SIXTEEN 

Article (16) 

Amendment; parties; further Information 

  1.  

  1. The Regulatory Tribunal may at any stage give directions. 

  1. permitting the amendment of the appeal notice, the response or the appellant's reply; 

  1. adding or substituting any party or parties; 

  1. permitting or requiring any party to provide further information in relation to its case. 

SECTION SEVENTEEN 

Article (17) 

Disclosure 

  1.  

  1. The Regulatory Tribunal shall give such directions as it considers appropriate in relation to the disclosure of documents. 

  1. The following directions may be considered to be appropriate: 

  1. Within 14 days of service of the appellant's reply, as provided for in Section 13 above, the QFC Institution shall file, and serve on the appellant, a list of documents comprising those documents on which it relies in support of the decision which is challenged, and documents which in the opinion of the QFC Institution should fairly be taken into account; 

  1. On or before the same date the appellant shall file, and serve on the QFC Institution, a list of documents on which he relies in support of his appeal; 

  1. Each party shall be entitled to a copy of any document in the other party's list, and such copy shall be supplied immediately on request. 

  1. The Regulatory Tribunal may also give directions as to whether or not specific documents or classes of documents ought to be disclosed, in particular where there is a question as to whether the disclosure of a document is relevant, is fair or unfair, or is or is not in the public interest. 

  1. The Regulatory Tribunal may by notice in writing require a person to attend before it at any sitting and to give evidence and produce any item, record or document or material in electronic form in his possession relating to the subject matter of the appeal. 

  1. Nothing in this Section is intended to remove or derogate from any right that any party may have to assert privilege in any item, record, document or material. (Where the entitlement to privilege is disputed, the Regulatory Tribunal will determine whether or not the item in question is privileged and may, if it considers it desirable, examine it for that purpose.) 

SECTION EIGHTEEN 

Article (18) 

Witness evidence 

  1.  

  1. The Regulatory Tribunal may give directions as to: 

  1. how any matter in issue is to be established; 

  1. the provision of statements by witnesses of fact whom the parties propose to call at the hearing of the appeal; 

  1. whether, and if so in relation to what issues, the parties should be permitted to call expert evidence; 

  1. the form and content of any experts' reports; 

  1. the number of experts who may be called; 

  1. the manner in which any witness evidence is to be given; 

  1. the provision of interpreters for witnesses, where necessary. 

  1. The Regulatory Tribunal may, if it considers it appropriate, appoint an expert or assessor to assist it in its determination of the appeal. 

  1. The Regulatory Tribunal may, if it considers it appropriate, require any witness of fact, or any expert witness or assessor, to give evidence on oath or affirmation. 

SECTION NINETEEN 

Article (19) 

Hearing of appeals 

  1.  

  1. The parties to the appeal will be notified by the Registrar as to when and where an appeal will be heard. At least 14 days' notice will be given. 

  1. The Regulatory Tribunal may give directions as to: 

  1. the venue of any hearing; 

  1. the language or languages in which any hearing or any part thereof is to be conducted (including as to the translation of documents into Arabic if appropriate), subject always to article 3.2 above; 

  1. the length, timing and extent of any written or oral submissions to be made by the parties; 

  1. the adjournment of any hearing. 

  1. The Regulatory Tribunal may direct that a matter or matters be heard in any order, or by way of a preliminary issue in any appeal. 

  1. The hearing of an appeal shall be in public unless the Regulatory Tribunal otherwise directs. The Regulatory Tribunal may direct that all or part of the hearing should be in private where there is good reason to do so. 

  1. With the permission of the Regulatory Tribunal, the parties may be represented by any person at the hearing of an appeal. 

  1. The Regulatory Tribunal shall conduct all hearings in such manner as it considers most suitable. 

  1. The Regulatory Tribunal may admit evidence on an appeal whether or not it was available at the time that the decision that is challenged was made. 

  1. If a party, having been given proper notice of a hearing, fails to attend, the Regulatory Tribunal may, if it sees fit, adjourn the hearing, give directions or (in the case of the hearing of the appeal, and if it considers that it is fair to do so), hear and determine the appeal in the party's absence or make any other order that it considers just. 

  1. If the Regulatory Tribunal considers it appropriate, it may dispense with the oral hearing of any appeal. 

  1. If the Regulatory Tribunal considers it appropriate, it may direct that any hearing takes place by videolink or telephone. The videolink or telephone connection will be operated from the premises of the Regulatory Tribunal in the State and all hearings by videolink or telephone will be deemed to Lake place in the State. 

SECTION TWENTY 

Article (20) 

Hearing appeals at the same time 

  1.  

  1. Where two or more appeal notices have been filed: 

  1. in respect of the same matter; or 

  1. in respect of separate interests in the same subject in dispute; or 

  1. which involve the same or similar issues; 

the Regulatory Tribunal may, if it considers it appropriate, direct that the appeals or any particular issue or matter raised by the appeal notices may be heard at the same time. 

SECTION TWENTY ONE 

Article (21) 

Withdrawal of appeals; unopposed appeals 

  1.  

  1. An appellant may withdraw his appeal: 

  1. at any time before the hearing of the appeal, without  the  permission  of  the Regulatory Tribunal; 

  1. at the hearing of the appeal, or after the hearing but before communication of the Regulatory Tribunal's decision to the parties, with the permission of the Regulatory Tribunal. 

  1. The QFC Institution may state that it does not oppose the appeal or that it is withdrawing its opposition to the appeal: 

  1. at any time before the hearing of the appeal, without the permission of the Regulatory Tribunal; 

  1. at the hearing of the appeal, with the permission of the Regulatory Tribunal. 

  1. The Regulatory Tribunal may make any order that it sees fit in relation to an appeal within articles 21.1 or 21.2 above. 

SECTION TWENTY TWO 

Article (22) 

Failure to comply 

  1.  

  1. Where a party has, without reasonable excuse, failed to comply with a direction of the Regulatory Tribunal or a provision of these Regulations and Procedural Rules, the Regulatory Tribunal may: 

  1. make a costs order against that party in accordance. with article 24 below; 

  1. where that party is the appellant, dismiss the appeal wholly or in part; 

  1. where that party is the QFC Institution, strike out the whole or part of its response and, where appropriate, direct that the QFC Institution be debarred from contesting the appeal. 

  1. The Regulatory Tribunal shall make no order under this Section without giving the party in question notice so that it has an opportunity to make representations against the making of such an order. 

  1. Any irregularity resulting from any failure to comply with any provision of these Regulations and Procedural Rules: or of any direction of the Regulatory Tribunal before the Regulatory Tribunal has issued its decision shall not affect the validity of the proceedings or of any decision made by the Regulatory Tribunal. 

SECTION TWENTY THREE 

Article (23) 

Decisions of the Regulatory Tribunal 

  1.  

  1. The Regulatory Tribunal shall communicate its decision on an appeal to the appellant, to the QFC Institution concerned and to any other person who has been permitted to participate in the appeal within the timeframe prescribed by paragraph 11 of Schedule 5 to the QFC Law, 

including, any extensions it orders. Such decision is effective from the moment of its pronouncement. 

  1. The Regulatory Tribunal shall give reasons for its decision. A single decision shall be handed down which will be that of the Regulatory Tribunal, unless the Judges are unable to reach a unanimous decision. In that event, the Regulatory Tribunal's decision shall be that of the majority, and the Judge who disagrees with the majority decision shall be entitled to give reasons for his disagreement, if he so wishes. 

  1. A decision of the Regulatory Tribunal may include; 

  1. a determination of the appropriate action to be taken by the QFC Institution concerned; 

  1. an order setting aside the decision of the QFC Institution and determining it to be null and void; 

  1. subject to article 16 of the QFC Law, an order that the QFC Institution pay compensation to the appellant; 

  1. an order remitting the matter to the QFC Institution with such directions, if any, as the Regulatory Tribunal considers appropriate for giving effect to its decision, provided that such directions may not require the QFC Institution to take any step which it would not otherwise have power to take; 

  1. recommendations as to the QFC Institution's procedures. 

  1. A certificate signed by the Chairman or by the Judge presiding over the appeal, or, if he is unavailable, a Judge, which states that the Regulatory Tribunal made a specified decision or made a specified finding of fact on a specified day, is in any proceedings where relevant. 

  1. conclusive evidence of the decision of the Regulatory Tribunal made on that day; and 

  1. evidence of the relevant finding of fact or law. 

  1. Unless the Regulatory Tribunal orders otherwise, a decision of the Regulatory Tribunal can be published by any party to the proceedings or by the Regulatory Tribunal. Where a hearing has taken place in private, the Regulatory Tribunal has a discretion to order that publication of any part of the decision be restricted or that the decision be published without revealing the names of the parties. 

  1. The Regulatory Tribunal has power to correct any accidental slip or omission in its decision, either an application of any party within 14 days of the communication of that decision to the party concerned, or on its own initiative. 

  1. Any decision of the Regulatory Tribunal is final and binding and shall not be subject to any further appeal or review save to the Appellate Division of the Court in accordance with article 35.2 of the Court Regulations and Procedural Rules. 

SECTION TWENTY FOUR 

Article (24) 

Costs 

  1.  

  1. The Regulatory Tribunal will not normally order one party to pay another's legal costs, but is entitled to do so if it considers that justice so requires. 

  1. ln the event that the Regulatory Tribunal makes an order for the payment by one party to another of costs to be assessed if not agreed, and the parties are unable to reach agreement as to the appropriate assessment, the necessary assessment will be made by the Registrar, subject to review by the Chairman or a Judge designated by the Chairman, in the event that the assessment is challenged by one of the parties. 

  1. The Regulatory Tribunal may also order that one or more parties meet any costs  incurred by the  Regulatory  Tribunal,   such  as  the   cost  of   any  expert  or   assessor  appointed  by the Regulatory Tribunal. 

SECTION TWENTY FIVE 

Article (25) 

Enforcement 

  1.  

  1. Any decision or order of the Regulatory Tribunal is a decision or order of  the courts  of Qatar and capable of enforcement and execution as would be a decision or order of any other Qatari court. All relevant competent agencies and authorities of the State shall give effect to a decision or order of the Regulatory Tribunal as if it were issued by any other court in the State and all such agencies and authorities shall take such action and provide such co-operation to the Regulatory Tribunal as shall be necessary to effect the enforcement of the Regulatory Tribunal's judgments and orders. 

  1. A person commits a contravention of a decision or order of the Regulatory Tribunal if, without reasonable excuse, he: 

  1. tails to comply with a decision or order of the Regulatory Tribunal; 

  1. having been required by the Regulatory Tribunal to attend a hearing, does not attend or leaves the place where his attendance is so required without the permission of the Regulatory Tribunal; 

  1. hinders or deters any person from attending a hearing, giving evidence or producing any item, record or document, for the purposes of any appeal before the Regulatory Tribunal; 

  1. threatens or causes any loss to be suffered by any person who has attended a hearing, on account of such attendance; 

  1. engages in conduct that is intended to obstruct the Regulatory Tribunal in the exercise of any of its powers, including without limitation; (a) the destruction of documents; (b) giving information that is false or misleading; (c) interference with witnesses or Judges. 

  1. The Regulatory Tribunal has power to enforce its own decisions and orders, and to deal with matters relating to contravention of its decisions and orders and matters relating to contempt: 

  1. by the levy of fines; and/or 

  1. by the making of any order that it considers necessary in the interests of justice; and/or 

 

  1. by referring the matter to a relevant competent agency or authority of the State. 

  1. The Regulatory Tribunal may in its discretion order a stay of execution of any decision or order, pending an appeal to the Appellate Division of the Court or otherwise. If it is considered appropriate to make an order for a stay of execution, that stay may be made subject to conditions. 

  1. The Enforcement Judge is primarily responsible for the enforcement of the Regulatory Tribunal's decisions and orders, and any application in connection therewith should be made in the first instance to the Enforcement Judge. 

  1. Where the involvement of any relevant competent agency or authority of the State is required for the enforcement of any decision of the Regulatory Tribunal, and that decision has been given in English, the judgment shall be translated into Arabic for the purposes of enforcement only. 

SECTION TWENTY SIX 

AMENDMENTS; PRACTICE DIRECTIONS; MISCELLANEOUS 

Article 26 

Miscellaneous 

  1.  

  1. These Regulations and Procedural Rules can be amended with the approval of the Council of Ministers. 

  1. The Regulatory Tribunal acting by the Chairman may issue Practice Directions or Practice Guides in relation to any aspect of the procedures to be followed before the Regulatory Tribunal. 

  1. These Regulations and Procedural Rules repeal the Practice Guide issued by the Chairman of the Regulatory Tribunal on 25 April 2009. 

 

Services

  • Decorative Pattern

    The Court’s independent judiciary is comprised of a civil and commercial court and a Regulatory Tribunal that specialises in regulatory appeals.

  • Decorative Pattern

    The Court administers swift, fair, cost-effective and enforceable judgements in line with global best practice, delivered by a distinguished panel of local and international judges.

  • Decorative Pattern

    The Court offers mediation services to individuals, businesses, and others, whether located in Qatar or abroad. This is a voluntary process involving an independent third party (‘the mediator’) who helps the parties reach an amicable settlement in respect to their dispute.

  • Decorative Pattern

    Through its supervisory arbitrational jurisdiction under Law No 2 of 2017 issuing the Arbitration Law in Civil and Commercial Matters, parties can elect the QICDRC as the “Competent Court” of arbitration to perform various functions in relation to interim measures, enforcement of awards and appeals.

  • Decorative Pattern

    eCourt, QICDRC’s innovative electronic case management system, offers globally-accessible virtual hearing capabilities and live-streaming services.

Decorative Pattern

Subscribe to Newsletter

Sign up to our newsletter, so you can be the first to find out the latest news and announcements

Envelope
Decorative Pattern