Qatar
Hani Al NaddafPartner,Head of Litigation - Qatarh.alnaddaf@tamimi.com
Sara ElNourAssociate,Dispute Resolutions.elnour@tamimi.com
Is there any legislation governing mediation in Qatar? If the response is negative, are there any preparatory legislative project relating to mediation?Law No. 20 of 2021 on Issuance of Mediation in Settlement of Civil and Commercial Disputes governs mediation in Qatar (“Qatar Mediation Law”). The law was issued on 18 October 2021 and was published in the Official Gazette on 04 November 2021.
Is there any legislation governing conciliation in your jurisdiction? Do the existing laws distinguish between conciliation and mediation?There is no distinction between conciliation and mediation in Qatar Mediation Law. Article 1 of Qatar Mediation Law only defines Mediation as “an amicable mechanism for settlement of disputes that is resorted to by agreement or based on a request to the court”.
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?Both. Under Qatar Mediation Law, the mediation process can be conducted by the parties or through the court.
Could you please specify the types of disputes that can/ cannot be referred to mediation in your jurisdiction? Are there certain kinds of dispute, or sectors, in which mediation is common in your jurisdiction?Qatar Mediation Law allows mediation in all civil and commercial matters. However, Article 3 of the law excludes the below types of disputes as incapable of settlement through mediation:
Interim and expedited cases.
Enforcement disputes, whether substantive or interim.
Cases to which Qatar Energy and/or its subsidiaries is a party. Cases in which certain companies or persons that are involved in petrochemical operations are parties.
Disputes related to tax assessment decisions, tax objections and appeals.
All matters that are not permitted to be resolved by settlement. We refer to Article 575 of the Law No. 22 of 2004 on Issuance of the Civil Code that states that settlement is not permitted in issues related to the personal status (a family law issue) or public order (such as criminal matters); however, settlement is allowed in monetary/financial rights related to such issues.
Matters agreed to be referred to arbitration or any other dispute resolution mechanism excluding the jurisdiction of the court, unless the parties expressly agree on mediation.
In Qatar, mediation is common as a step preceding arbitration in construction disputes.
Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.Article 30 of Qatar Mediation Law provides that all discussions, deliberations, offers, negotiations and documents related to the mediation process shall be confidential and may not be disclosed to the court or to third parties without the consent of the parties. There is a penalty that may be imposed by the court in case of breach. However, Article 31 allows disclosure to the court in any of the following events:
The issue was already known before commencement of the mediation process.
A disclosure order is issued by the court for reasons related to security or prevention of a crime.
Disclosure to a lawyer for the purpose of obtaining legal advice.
Disclosure of the fact that a party requested meditation while the other party was not responsive prior to initiation of the process.
Are settlement agreements resulting from mediation enforceable before the Courts?Under Article 25 of Qatar Mediation Law, settlement agreements resulting from mediation, as attested by the court, are granted the power of an enforcement deed similar to the power of a final court judgment or a final award, subject to fulfilment of certain procedures. For this purpose, the meditator is required to apply before the court seeking attestation of the settlement agreement. After such attestation, the settlement agreement becomes enforceable.Does the law in your jurisdiction address the suspension of the limitation period during mediation process?Yes. Article 22 of Qatar Mediation Law states that commencement of the mediation process results in suspension of the limitation and prescription periods related to rights or procedures, and the suspension continues until the end of the meditation process.
How mediations may impact limitation periods is a sensitive legal question and we strongly encourage you to reach out to our team if you have any queries regarding this topic.
Does the law in your jurisdiction allow parties to take interim measures during the mediation process?Qatar Mediation Law does not restrict the parties’ right to resort to courts for interim measures during the mediation process.
Are there any mediation/conciliation centers in your jurisdiction? Please specify whether they are private or public (or list them if possible)Qatar International Center for Conciliation and Arbitration of the Qatar Chamber of Commerce and Industry (also referred to as QICCA) offers mediation services and it has its own mediation rules.
QICCA is established under Qatar Chamber of Commerce and Industry which is a private foundation for public benefit. Also, Qatar International Court and Dispute Resolution Center offers mediation services and it has meditation rules, in disputes involving entities registered under Qatar Financial Center.
Does the law in your jurisdiction set out specific criteria for qualifying as mediators/conciliators? Please specify whether there is a Code of Professional Conduct governing the profession of meditator in your jurisdiction.For a natural person to qualify as a mediator, he/she is required pursuant to Qatar Mediation Law to:1. Be of a full legal capacity;2. He/she has not been convicted of a felony or a misdemeanor related to honor or integrity through a final judgment;3. He/she has to be of good manner and good reputation;4. He/she is known of being a person of integrity, neutrality and experience; and5. He/she was not previously removed from his employment or position through a court judgment or a disciplinary decision, was not removed from a register or his/her license to practice his/her profession was not previously cancelled through a judgment or a disciplinary decision. 6. For a juristic person to qualify as a mediator, the below requirements apply:a. It must be a company or a private foundation for public benefit;b. It was not declared bankrupt through a final court judgment; andc. Its employees must enjoy the above requirements related to natural persons’ qualification as mediators.
There is no Code of Professional Conduct governing the profession of meditator in Qatar.
Is your jurisdiction party to the “Singapore Convention on Mediation” (United Nations Convention on International Settlement Agreements Resulting from Mediation)? If not, could you please indicate whether your jurisdiction will potentially sign or ratify this Convention?Qatar is a party to Singapore Convention on Mediation. Qatar acceded to the Singapore Convention on Mediation by virtue of Decree No. 79 of 2020 for Ratification of United Nations Convention on International Settlement Agreements Resulting from Mediation. The Decree was issued on 07 October 2020 and published in the Official Gazette on 12 November 2020.
Are there any mediation training centres in your jurisdiction?As of the date of this guide, there are no mediation training centers.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).As of the date of this guide, there are no such e-mediation system.
