Introduction

With the publication of the Official Gazette of the State of Qatar on 4 June 2025, the QFC Civil and Commercial Court’s (the ‘QFC Court’ or the ‘Court’) Rules and Procedures (the ‘Rules’) have received an update pursuant to Law No. 39 of 2025 (as have the Rules and Procedures of the QFC Regulatory Tribunal under Law No. 40 of 2025).
The updated Rules of the QFC Court are designed to ensure that the passage of litigation through the QFC Court is as smooth and efficient as possible, and they also demonstrate the strong support for the QICDRC (the QFC Court and the QFC Regulatory Tribunal coming under the umbrella of the Qatar International Court and Dispute Resolution Centre [QICDRC]) as an institution as a key part of Qatar’s legal and judicial system.

Key changes

Jurisdiction

At article 9, the Rules now contain jurisdiction provisions that precisely mirror article 8(3)(c)(1)-(5) of the governing statute of the Court, the QFC Law (Law No. 7 of 2005), following the insertion into article 8(3)(c) of subsection (5) which gives the QFC Court jurisdiction over any matter given to it by a law.

There are now two pieces of primary legislation that have expanded the jurisdiction of the QFC Court pursuant to article 8(3)(c)(5): Law No. 34 of 2005 on Free Zones (as amended) which gives the Court jurisdiction over various matters relating to the Qatar Free Zone, and Law No. 2 of 2017 (the Arbitration Law) which gives the Court jurisdiction over any Qatar seated arbitration as a Competent Court. What was formerly article 9.2 (“Consistently and in accordance with fundamental international principles and international best practice, the Court will take into account the expressed accord of the parties that the Court shall have jurisdiction”) of the Rules and which recently by the Appellate Division (The Chancellor, Masters, and Scholars of the University of Cambridge v The Holding WLL [2025] QIC (A) 6) and which was ruled did not create an opt-in jurisdiction for the QFC Court, has been removed.
These changes provide significant clarity to the QFC Court’s jurisdiction, and demonstrates that the Court’s Rules are responsive to and reflects the lates changes in law and its developing caselaw.

Service

Article 18 of the Rules deals with the service of the Claim Form and other documents by the Claimant on the Defendant. This article now incorporates Law No. 24 of 2017 on the National Address, which mandates that all persons are to have a National Address within Qatar that is registered with the authorities by allowing service to this address. This important change makes the service provisions clear for all parties to litigation who are taken to have received documentation at their National Address.

Default judgment

Article 22 provides the Court, for the first time, the power to issue default judgment where a Defendant has not engaged with the process and where the claim is a financial one. Recognising, as always, that the interests of justice must be served (indeed, the Overriding Objective of the QFC Court is to deal with cases justly, as enshrined in article 4.1 of the Rules), the article also contains provisions whereby the Defendant can apply to set aside the default judgment where there is a real prospect of the claim being defended or there is another compelling reason for the set aside. This is an important addition which will allow the QFC Court to deal with such cases with even more expedition.

Appeals

Article 36 on appeals has been clarified and simplified so that the application process for permission to appeal is codified more clearly for the benefit of parties. The renewed article makes it clear that a bench of three Judges will consider all applications for permission to appeal before allowing these applications to proceed to a full appeal. The test for permission to appeal will remain the same and incorporated by Practice Direction No. 1 of 2025 (Appeals), with the principles contained within the caselaw remaining applicable.

Comment

These amendments to the Rules ensure that the processes and procedures applied before the QFC Court remain up to date, reflect the latest legislation, and caselaw. Additionally, some areas have been simplified for the benefit of parties to ensure the smooth passage of litigation and strengthening the administration of justice. Other provisions such as the default judgment provision will be key in empowering the Court to progress cases without undue delay, promoting responsiveness by parties and impressing upon them the necessity of compliance with directions.