12-Dec-2022
Written by: Aurore Deeb
In October 2021 his Highness Sheikh Tamim Bin Hamad Al Thani the Emir of the State of Qatar enacted Law n°21 0f 2021 establishing the Investment and Commerce Court. The law entered into force in May 2022.
The most important characteristic of the law establishing the court is the simplification of the procedures for lawsuits and litigation and make them easier and simpler with the least possible time, to reach a prompt, quick and fair judiciary at the same time.
The Investment and Commerce Court law consists of 35 articles covering the formation of the New Court and its primary and appellate circuits and its jurisdiction providing new ways to settle all commercial disputes.
As per art.4 & 5 of Law n°21 0f 2021 The Investment and Commerce Court consists of first instance circuits and appeal circuits, with judges selected by the Supreme Judicial Council from among the judges of the Court of First Instance and the Court of Appeal. Both circuits are composed of three judges and is headed by the oldest member.
As one of the court’s aims is to reach a prompt, quick and fair judiciary at the same time the law sets out shorter periods for appeals than those set out in applicable procedural laws. Appeals should be filed within 15 days from the notification date of the concerned parties (art.11) and within 7 days for urgent matters. Appeals in cassation need to be filed within 30 days (art 12).
As per Art 7 The Investment and Commerce Court shall have jurisdiction over commercial claims and disputes that are specially related to:
1. Disputes related to Commercial contracts, including commercial agency contracts and commercial representation.
2. Disputes between merchants in connection with their commercial activities.
3. Disputes between partners or shareholders, or between any of them with the company, in commercial companies, including listed public shareholding companies.
4.Disputes related to Commercial assets.
5.Disputes related to Investments of non-Qatari capital in an economic activity.
6.Disputes related to Marine sales.
7.Disputes related to the operations of banks, Commercial papers, Insurance companies, Finance, and investment companies.
8.Disputes related to Bankruptcies and Bankruptcy conciliation.
9. Disputes related to Patents, trademarks, industrial models, trade secrets and other intellectual property rights.
10.Disputes related to Protection of competition, the prevention of monopolistic practices and combating practices harmful to national products in international trade.
11.Disputes related to E- commerce and its transactions.
12.Disputes related to Partnership agreements between the public and private sectors.
The law establishes the electronic system whereby all judicial proceedings from filing the case through notifications and case management till the issuance of the judgment, will be carried out electronically.
The provisions of the Mediation Law in the settlement of civil and commercial disputes referred to above shall apply to the cases and disputes within the jurisdiction of the Investment and Trade Court.
An important point in this law is the freedom for the parties to nominate an expert rather than be required to rely on expert enrolled before the court. The parties can propose to the Investment and Commerce Court to appoint professional, trained experts at the start of proceedings or during the court proceedings, and the court can accept such proposals, so that the court is no longer required to only appoint experts that are registered with the court, permitting a greater degree of specialist expertise having the required technical knowledge capable of addressing complex matter to be appointed to assist the court reach appropriate decisions and quickly resolve disputes.
The introduction of a specialized court of investment and trade in the State of Qatar sees an evolution of the Qatari judicial system, is an important step in keeping pace with the rapid growth witnessed by the business sector, increasing Qatar’s readiness to develop trade and business legislation making Qatar attractive to international investment.