QATAR Law and Practice Contributed by: Hani Al Naddaf and Maysa Sleiman, Al Tamimi & Company
As an additional requirement, the foreign judgment must be translated into Arabic by a certified translator and authenticated. Once the application for enforce - ment is submitted (together with supporting docu - ments), the Enforcement Court reviews compliance with all legal standards before issuing its decision. If the enforcement judge finds that the applicant meets all statutory conditions, the judgment will effectively have the same authority as a domestic judgment and may be enforced through available measures such as attachment and sale of assets, garnishment of earnings or, in certain circumstances, travel bans or imprisonment. International Conventions/Agreements Qatar is party to several multilateral and regional agreements that streamline the enforcement of foreign judgments issued in other member states. Principal among these are: • the Gulf Cooperation Council (GCC) Protocol on the Enforcement of Court Judgements, Letters of Rogatory and Judicial Notices, which provides for reciprocal recognition of judgments among GCC member states; and • the Riyadh Arab Agreement for Judicial Coopera - tion, which similarly enables simplified recognition of civil and commercial judgments rendered in other Arab League countries (although Qatar has signed this treaty, the necessary legislation to ratify it is still pending). These conventions typically remove or reduce hur - dles relating to reciprocity or jurisdictional challenges. Where a relevant treaty applies, the Qatari courts will look to that treaty’s provisions to determine wheth - er direct or simplified recognition and enforcement should be granted. In practice, the absence of any applicable interna - tional convention does not automatically prevent the enforcement of a foreign judgment; however, the applicant must then affirmatively demonstrate that Qatari judgments are recognised and enforceable in the other jurisdiction in accordance with reciprocal treatment rules. This reciprocity principle is rooted in Articles 13 and 14 of the JEL but is also reflected by broader Qatari jurisprudence, promoting a balanced
and equitable approach to international judicial co- operation. As a result, the legal landscape in Qatar concerning the enforcement of foreign judgments places empha - sis on ensuring that foreign courts applied sound jurisdictional bases, afforded proper due process to defendants and issued final, conclusive decisions. Where all relevant criteria are met and none of these obstacles arise, Qatari courts show deference to for - eign judgments, including those from jurisdictions that lack a bilateral or multilateral treaty with Qatar, so long as the principle of reciprocity is fulfilled. 3.2 Variations in Approach to Enforcement of Foreign Judgments Qatar’s approach to enforcement does not vary for dif - ferent types of judgments. Article 13 of the JEL refers to foreign judgments and orders without distinguish - ing between different types of judgments, whether final money judgments or otherwise. 3.3 Categories of Foreign Judgments Not Enforced Under Articles 13 to 16, the Enforcement Court will refuse to execute any foreign judgment that: • has not yet acquired finality – this excludes inter - locutory, provisional, interim, summary or otherwise appealable orders; • was rendered by a court that lacked proper juris - diction under Qatari rules of universal jurisdiction, including matters in which Qatari courts enjoy exclusive competence (for example, actions in rem concerning real estate situated in Qatar or pro - ceedings involving sovereign or public assets); • was obtained without proper service of process or effective representation of the defendant, such as judgments in default or rendered ex parte in cir - cumstances that offend due-process guarantees; • conflicts with a prior Qatari judgment or order, or with Qatari public order and morals; • is based on a cause of action that is time-barred under Qatari limitation rules; or • fails the reciprocity test, meaning Qatari judgments are not recognisable in the jurisdiction of origin.
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