QATAR Law and Practice Contributed by: Hani Al Naddaf and Maysa Sleiman, Al Tamimi & Company
2.7 Register of Domestic Judgments While there is no single public “central register of judgments” in Qatar, the Enforcement Court Register functions as the authoritative database for all domes - tic and foreign judgments, arbitral awards and other instruments actually placed into enforcement. A debt - or who has fully satisfied the judgment must either pay through the Enforcement Court or file proof of payment, after which the enforcement judge will close the file, lift all measures and issue a formal certifi - cate clearing the debtor’s record. Once the clearance order is communicated to the various registries, the debtor’s assets are unencumbered and the entry in the Enforcement Court Register is marked “satisfied”, effectively removing the judgment from any operative enforcement database. 3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments When assessing enforcement of a foreign judgment, Qatari courts examine both formal requirements (for example, the presence of a complete and certified copy of the original judgment) and key substantive conditions, such as finality of the judgment and con - formity with public order. Under the JEL, foreign judgments can only be enforced if they satisfy several conditions. First, the court that rendered the foreign judgment must have exercised proper jurisdiction pursuant to its own rules. Second, the judgment must be final and conclusive accord - ing to the laws of the originating state, indicating that no further appeals remain pending or available. The Qatari court also requires evidence that the defend - ant was properly served and had sufficient opportu - nity to present a defence in the original proceedings. Moreover, the judgment must not contradict public policy or morals in Qatar, and it must not conflict with any prior decisions issued by Qatari courts. Finally, reciprocity generally applies, meaning that Qatari courts will refuse enforcement if the party seeking the enforcement fails to establish that a judgment issued by Qatari courts would be enforceable in the country where the foreign judgment originated.
suspend enforcement pending its decision. Its ruling is final and non-appealable. Challenging Provisional Enforcement Before the Court of Appeal (Articles 8–10) Where the underlying judgment is still open to ordinary appeal, execution is generally unavailable unless the title itself is declared provisionally enforceable. Even then, Article 10 permits the debtor to file the ordinary merits appeal and, within that same period, lodge a specific application to stay provisional enforcement. The Court of Appeal will grant a stay if it finds that the judgment is likely to be overturned on appeal or that enforcement would cause the debtor serious and irreparable harm. The Court may impose security (for example, a bank guarantee) as a condition of any stay. Setting Aside or Appealing the Underlying Judgment If the debtor did not previously challenge the judg - ment on jurisdictional or procedural grounds – such as defective service – it can still file an appeal on the merits (within the statutory period under the Civil and Commercial Procedure Law), arguing inter alia that the first-instance court lacked proper service or jurisdic - tion, or it can bring an action to nullify the judgment for fraud, forgery or lack of due process where such defects render the decision void under Qatari pro - cedural law. A timely merits appeal, coupled with an application for stay of enforcement, is often the most direct route to halt execution. 2.6 Unenforceable Domestic Judgments In principle, a domestic judgment issued by the first instance court is unenforceable. A judgment still open to appeal cannot be subjected to compulsory enforce - ment unless there is a provision in the law or a spe - cific order in the judgment permitting the provisional enforcement. Where the dispute concerns governmental enti - ties, the state’s publicly owned assets are generally immune from attachment and enforcement, prevent - ing any order that attempts to seize or sell those pub - lic assets from being effective.
382 CHAMBERS.COM
Powered by FlippingBook