QATAR Law and Practice Contributed by: Hani Al Naddaf and Maysa Sleiman, Al Tamimi & Company
The competent judge shall refuse to recognise or enforce the arbitral award, on his or her own initia - tive, in the following two cases: • if the subject matter of the dispute is such that it may not be agreed to be adjudicated by arbitration in accordance with the law of the state; or • if the recognition or execution of the judgment is contrary to the public order of the state. An order rejecting the enforcement of an arbitral award may be appealed before the competent court within 30 days from the date of its issuance. Article 20 of the JEL affirms this right of recourse and refers to the appeal procedure set out in Article 35 of the Arbitration Law, which provides for a 30-day period if one of the grounds for refusal under that article is established. No further appeal is permitted against the decision of the appellate chamber. Grounds for Setting Aside an Arbitral Award Article 33 of the Arbitration Law lists exclusive grounds for annulment, which include the following. • Incapacity or invalidity: one of the parties lacked legal capacity at the time the arbitration agreement was concluded, or the arbitration agreement itself was invalid under the applicable law.
• Procedural unfairness: the party seeking annulment was not properly notified of the arbitration or was otherwise unable to present their case for reasons beyond their control. • Excess of authority: the arbitral tribunal ruled on matters not covered by the arbitration agreement or which exceeded the scope of the agreement. Partial annulment may occur if separable issues were addressed. • Irregular tribunal composition or procedure: the tribunal was not constituted in accordance with the parties’ agreement or, in the absence of such agreement, in accordance with the law. In addition, the court, on its own motion, must annul the award if the subject matter is non-arbitrable under Qatari law or if the award violates Qatari public policy. If the competent judge finds that the foreign arbitra - tion award sought to be recognised or enforced is contested before the court in the state in which it was issued, he or she may stay the enforcement case until the annulment case is ruled over by a final judgment.
388 CHAMBERS.COM
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