Emiri Decree N. 79 of 2020 dated 7 October 2020 concerns the ratification of the Singapore Convention on Mediation.
Procedure for Enforcing International Mediated Settlement Agreements
A draft Law on Arbitration and Conciliation in civil and commercial matters had previously been circulated in 2014, without any specific provisions on the enforcement of mediated agreements. However, the mediation section was dropped from later iterations of the draft, as it was designated that there would be a separate dedicated piece of legislation to deal with mediation. Based on this early draft, settlement agreements would have needed to be written and signed by the parties and the conciliator/mediator.
The draft law on Mediation in Civil and Commercial Dispute Resolution is currently being finalised. This piece of legislation is expected to outline procedures and methods of mediation, conditions to be met by the mediator, provisions for stay of proceedings, and settlement agreement procedures. It is expected to be released before the end of 2021.
Other National Mediation Laws
A related piece of legislation pending approval is a draft law establishing an Investment and Trade Court. This will cover the formation of the court, its primary and appeals structure, and its jurisdiction, including provisions for certain types of mediation.
Qatar’s Law No. 2 of 2017 promulgating the Civil and Commercial Arbitration Law (“Arbitration Law”) permits parties to end arbitration proceedings and request that the arbitral tribunal record a settlement and its terms in the form of a consent award (art 30.1 Arbitration Law)
The Qatar Financial Centre Civil and Commercial Court Regulations and Procedural Rules (“QFC Court Regulations and Procedural Rules”) provide for alternative dispute resolution such as mediation (art 5.1 QFC Court rules).
- Assistance can be provided by the court to parties that request mediation (art. 25.2 QFC Court Rules).
- The court may also order a stay of proceedings for the parties to settle their differences through mediation (art. 25.1 QFC Court Rules).
Mediation Rules issued by the ADR bodies in Qatar
The Conciliation/Mediation Rules of the Qatar International Center of Conciliation and Arbitration (“QICCA Conciliation Rules”) were issued in 2012. A revised set of rules which takes into consideration the application of the Singapore Convention is set to be issued in 2021.
Mediation Rules issued by the dispute resolution facility of the Qatar Financial Centre Civil and Commercial Court were released in 2021.
- Qatar hails Singapore Convention on Mediation entering into force (13 September 2020)
- The United Nations Convention on International Settlement Agreements Resulting from Mediation will enter into force following ratification by Singapore, Fiji and Qatar (13 March 2020)
- Qatar ratifies Singapore Convention on Mediation, says Qicca official (13 March 2020)
- Qatar joins the United Nations Convention on International Settlement Agreements Resulting from Mediation, known as the Singapore Convention on Mediation (7 August 2019)
- Qatar expresses support for ‘Singapore Convention’ on mediation (31 July 2019)
- Minas Khatchadourian, Saudi Arabia and Qatar: Converging Views on Commercial Mediation (2 May 2021)
- Minas Khatchadourian, 12 September 2020 a new milestone for Qatar Mediation (7 September 2020)
Contributor: Qatar International Centre for Conciliation and Arbitration (QICCA)