International Review of Law - 2 - The Future of Alternative Dispute Resolution - A Qatari Perspective, Conference Proceedings, May 2017

Dear authors and esteemed readers, It is with honor that I write this foreword for the International Review of Law (IRL) Special Issue of the Future of Alternative Dispute Resolution conference held in Qatar University, College of Law (QU Law), in May 2017. QU Law continues a tradition of bringing together researchers, academics and professionals from all over the world. In this special issue, we have abstracts from 11 experts in law. Ab Read More

Intellectual property (IP) is the branch of law that protects innovations and creations, such as new technological inventions, literary, artistic and musical creations, distinctive signs, computer programs, trade secrets, microchips and geographical designations. These creations and inventions may be protected by patents, trademarks, trade secrets and copyright, or other types of IP. These intellectual property rights (IPRs) can nevertheless Read More

This article proposes a new expanded take on the definition of commerciality of international arbitration and its ramifications on the applicable law to the merits, the jurisdiction and authority of courts to review and execute foreign arbitral awards. The problem manifests in states with dual jurisdiction court systems such as Egypt and France, where there are ordinary courts and administrative courts. In such states, administrative courts ass Read More

There has been a growing interest in arbitration during the twentieth centuries. This is because arbitration offers an (1) efficient means to resolve urgent disputes (2) entails cheaper costs compared to traditional courts; and (3) constitutes an administrative means guaranteeing trust and assurance among parties to disputes. Economic disputes usually require a certain level urgency along with trust and assurance toward the mechanism for confl Read More

Owing to the precipitous slump in world commodity prices, particularly fossil fuel, investors and other stakeholders have been trying to re-arrange, re-organize and re-position their investments and interests. The question that arises is: who bears the costs or burden of losses in the investments and the re-positioning? This allocation or rebalancing of costs and losses is predicted to generate disputes which would result in arbitration. Proposed Read More

In 2016, the Qatar Financial Centre (QFC) introduced a Customer Dispute Resolution Scheme (CDRS) in Chapter 8 of the Conduct of Business Rules 2007. The CDRS is an alternative to litigation for QFC participants (retail or individual) who have a dispute with an authorized firm. The CDRS is designed to be an independent, cost effective and binding avenue that acts as a buffer between the stage where service providers and clients fail to resolve Read More

In 2011, a series of decisions were rendered by the High Administrative Court at the Egyptian State Council in which the court considered void the privatization of a few public companies which had been transferred to foreign investors due to the invalidity of the procedures of tendering and bidding and the corrupt practices accompanying these transactions. The court also considered null the arbitration clauses inserted in these contracts Read More

Refusal to sign the arbitration award is considered as one of the procedural controversies engendered by dissenting minority arbitrators. This happens when the arbitral tribunal is made up of more than one arbitrator. The dissenting arbitrator aims, thereby, at questioning the validity of the decision and therefore facilitating the annulment of the decision by the losing party. However, the absence of signature may be due to another legitimate Read More

The Qatari economy is considered as one of the most dynamic and fastest-growing economies in the world. Consequently, the State of Qatar has become one of the main countries attracting foreign investors. This is indeed the outcome of the efforts made to adjust the national laws in order to meet the needs of international investors and to modernize the economy to achieve the Qatar National Vision 2030. It is expected that FIFA Read More

The unprecedented growth of international arbitration and the current state of euphoria should not serve to obscure the several challenges that lie ahead. While some challenges may only concern practical, albeit manageable issues, others may well turn into existential crisis. Will arbitration survive the backlash against it? Arbitration has come under the intense scrutiny of civil society, with many critical voices questioning whether interna Read More

Administrative agreements, namely public procurement agreements, are considered as the most important types of agreements in the countries adopting the Latin legal tradition. Indeed, under these agreements, the public budget is disbursed and public utilities are, at times, managed. The conclusion and enforcement of these agreements definitely raise many and different disputes that require a fair and balanced settlement for Read More

The Civil and Commercial Court of the Qatar Financial Centre (“the QFC Court”) was established by virtue of the Qatar Financial Centre Law No. 7 of 2005 as amended by Law No. 2 of 2009 (“the QFC Law”). The QFC Court has limited jurisdiction over specific subject matters. Under the QFC Law, and the QFC Court Regulations and Procedural Rules, the QFC Court has jurisdiction over civil and commercial disputes which arise from transacti Read More