CIVIL AND COMMERCIAL PROCEDURE LAW - Law No. 13 of 1990
طباعة
Section: Part 13: Arbitration (190-210)
Article 190
The parties to a contract may agree on arbitration in a specific dispute. They may also agree on arbitration in all disputes that arise out of implementing a specific contract. No agreement for arbitration shall be valid unless evidenced in writing. The subject of the dispute shall be specified in the terms of the referral or during the hearing of the lawsuit even if the arbitrators were authorized to act conciliators, otherwise the arbitration shall be and void. Arbitration shall not be permissible in matters in which conciliation is not permissible. An arbitration agreement may be made only by the parties that are legally entitled to dispose of the disputed rights.
Article 191
Unless their names are specifically stated in the arbitration agreement or an independent document, arbitrators may not be authorized to engage in conciliation or act as arbitrators.
Article 192
The condition of arbitration is that the litigants waive their rights to have recourse to the court having initially the competent jurisdiction to examine the dispute. If a dispute arises in respect of the execution of a contact that contains an arbitration clause, and one of its parties brings an action before the competent court, the other party may hold to the arbitration clause as an objection to the non-acceptance of the action.
Article 193
An arbitrator may not be a minor, bankrupt, legally incapacitated person or a person deprived of his civil rights due to a criminal offence unless he has been rehabilitated. If there is more than one arbitrator, the number shall, at all times, be an odd number, otherwise the arbitration shall be and void. Subject to the provisions of special laws, arbitrators shall be appointed based on the arbitration agreement or an independent document.
Article 194
The acceptance of the appointment of an arbitrator shall be in writing, unless he is appointed by the court. After having accepted his appointment, an arbitrator may not withdraw without good reason, otherwise he may be held liable for compensation. Arbitrators may not be removed except with the approval of all the parties to the dispute or upon an order from the court. They may only be recused from arbitration due to reasons that occur or emerge after the conclusion of the arbitration document. Recusal shall be requested based on the same procedures and reasons followed as for recusal of a judge or if he is considered incapacitated to issue a decision. A recusal application shall be submitted to the court having initially the competent jurisdiction to hear the dispute within five days from the date of notification of the opponent of the arbitrator's appointment. The judgment issued by the court pertaining to the recusal application may be appealed pursuant to the relevant provisions of Article 205.
Article 195
If a dispute arises between the parties prior to an agreement between them as to the arbitrators, or if one or more of the arbitrators refuses to act as such, or withdraws, or is dismissed, or is prevented from acting due to an encumbrance, and no agreement exists between the parties in this respect, the court which has jurisdiction to consider the dispute shall appoint the necessary number of arbitrators at the request of one of the parties, filed in accordance with the normal procedure for filing a claim. The court shall hear the application in the presence of the other parties or in their absence after being summoned to appear before the court. The court's decision in respect of the foregoing may not be appealed in any way whatsoever. However, its decision to reject the appointment of arbitrators shall be subject to appeal pursuant to the relevant provisions of Article 205.
Article 196
The hearing of a dispute before the arbitrator shall terminate if a reason for such termination, as stipulated under this Law, exists. Such termination shall have the legal effects stipulated under this law.
Article 197
The arbitrators shall arbitrate within the time set in the arbitration agreement unless the parties agree on its extension. If the parties in the arbitration document have not imposed a term for the arbitration decision, the arbitrators shall issue a decision within three months commencing from the date of their acceptance for arbitration.
If the arbitrators do not issue their decision within the time stipulated in the arbitration document or during the time determined in the aforementioned paragraph, or if they fail to do so for a compelling reason, any party may submit the issue to the court initially competent to examine the dispute in order to add a new period or to settle the dispute or to appoint other arbitrators.
In the event of the death of a party, dismissal of an arbitrator or submission of a recusal application against him, the time set for issuing the decision shall be extended to the time at which this impediment ceases to exist.
Article 198
Arbitrators shall issue their decision without being subject to the procedures pertaining to pleadings stipulated in this Law, save for the provisions of this Part. Their decision shall be pursuant to the rules of the law unless they are authorized to reach conciliation, provided that they do not contravene the rules of public order and good conduct. If it is agreed to hold the arbitration in Qatar, the laws of the State of Qatar shall be applicable to all elements of the dispute, unless otherwise agreed by the parties.
Article 199
If, during the course of the arbitration, a preliminary matter which is outside the powers of the arbitrator arises or if a challenge has been filed that a document has been forged, or if criminal proceedings have been taken regarding such forgery or any other criminal act, the arbitrator shall suspend the proceedings until a final judgment on the same has been issued.
Article 200
Arbitrators shall rule in a dispute on the basis of the arbitration document and statements made by the parties. The arbitrators shall specify a date for parties to submit their documents, memoranda and pleadings. The parties shall submit all the papers and documents they hold and comply with what is requested by the arbitrators. The arbitration authority may request the court initially competent to hear the dispute to issue an order for the submission of any documents necessary for arbitration which are held by others or order any witness to appear before the authority to give evidence.
The arbitration authority shall order the witnesses to take an oath. Whoever makes a false statement before the arbitration authority shall be deemed to have committed the crime of perjury before the court. The competent authority may, after being notified, interrogate the witness and bring him before the court in order to receive the necessary penalty.
Article 201
Arbitrators shall refer to the court initially competent to hear the dispute to perform the following:
To pass a judgment in accordance with Chapter III of Part 2 to
punish'any witness who fails to appear before it or who refuses to give evidence;
To order the necessary judicial procedures for settlement of the dispute
Article 202
The arbitration decision shall be taken by a majority of the votes, after deliberation. The award shall be in writing and shall include, in particular, a copy of the arbitration document, brief statements of the parties and their documents, the reasons for the decision, the text of the decision, the place and date of its issuance and the signatures of the arbitrators.
If one or more arbitrators refuse to sign the decision, this refusal shall then be recorded. The decision shall be valid if signed by the majority of arbitrators.
The decision shall be considered as issued as from the date of signature of the arbitrators after the writing thereof even before its pronouncement or deposit.
Article 203
All original decisions of the arbitrators, , even if it is issued through one of the investigation procedures, shall be with the knoeledge of one of them, filed with the Registry, of the court initially competent to hear the dispute together with the original terms of referral within fifteen days from the issuance of the decision. The Registry of the court shall prepare a report on the said filing with the original copy delivered to the arbitrators. Where the arbitration is conducted in connection with an appeal, the filing shall be made with the Registry of the Court of Appeal.
Article 204
The award of the arbitrators shall not be enforceable unless by virtue of an order issued by the judge of the court with which the original copy of the award was deposited at the office of the Registry of the court on the demand of any of the interested parties. The judge shall issue the writ of execution after examining the award and the arbitration document and after making sure that nothing should prevent the execution thereof. The writ of execution shall be appended to the original arbitration award. The judge ordering the execution shall have the competent jurisdiction over all the matters related to the execution of the award.
Article 205
Awards of the arbitrators may be appealed in accordance with the relevant rules of appeal of judgments issued by the court initially competent to consider the dispute within fifteen days from the filing of the original judgment with the Registry of the court. Notwithstanding the aforementioned, the award shall not be appealable if the arbitrators were authorized to arbitrate the dispute or if they acted as such in the appeal or if the parties expressly waived their rights to file an appeal.
Article 206
With exception to paragraphs five and six in the aforementioned Article 178, it shall be permissible to appeal awards of arbitrators in an appeal to review the claim in accordance with the applicable rules pertaining to court judgments. The appeal shall be filed with the court that has jurisdiction to hear the dispute.
Article 207
Every interested party may request ity of the award of the arbitrators in the following cases:
If it was issued without an arbitration agreement, or pursuant to an document that is invalid or extinguished by prescription, or if the award exceeds the scope of the document, or contravenes a rule of public order or good conduct;
If the third, fourth or fifth paragraphs of Article 190 or the first paragraph of Article 193 are contravened;
If the award was issued by arbitrators who had not been appointed pursuant to the law, or issued by some arbitrators who were not authorized to arbitrate in the absence of the others;
If the award is invalid or the procedures affected the validity of award.
Article 208
The request for ity shall be filed in accordance with the normal procedures applicable to the court initially competent to hear the dispute. Acceptance of this request shall not preclude waiver by a party of his right thereto before issuing the arbitrators' award. Filing a lawsuit of ity of an arbitrators' award shall cause a stay of its execution, unless the court orders execution to continue.
Article 209
The court at which the request of ity of an arbitration award is filed may either approve this award or order its ity wholly or partially. In the case of an order of ity of the arbitration award, wholly or partially, the court may refer the case back to the arbitrators to correct faults in their award or rule in the dispute by itself if it deems fit. The judgment issued therein shall not be appealable by way of appeal. However, this judgment may be appealed in accordance with the relevant provisions in this Law.
Article 210
The remunerations of the arbitrators shall be specified by an agreement between the parties in an arbitration document or in a subsequent agreement. Otherwise, they shall be specified by the court initially competent to hear the dispute, pursuant to the demand of one of the interested parties in the presence or absence of the remaining parties after having been summoned, and its decision shall be final.