Law No 2 of 2017 issuing the Arbitration Law in Civil and Commercial Matters provides parties with an option to agree on the “Competent Court” of the arbitration. When drafting an arbitration agreement as part of a contract and where parties wish to elect the Court at the QICDRC as the Competent Court, parties should use the wording of the QICDRC Dispute Resolution Clause so that the intention of the parties is clear and unambiguous.
Why choose the Court at the QICDRC?
Parties will need to decide which Court is right for them when it comes to selecting the Competent Court. A number of factors will be relevant, but in particular the nature of the contract and the type of disputes which may arise are of likely importance.
The Court comprises a panel of expert, arbitration-friendly, judges from a range of common law and civil law jurisdictions. The judges of the Court observe a Judicial Code of Conduct, the cornerstones of which are independence, impartiality, integrity and propriety. More information about the judges of the Court can be found here
In addition, the Court houses a state of the art courtroom containing some of the most sophisticated courtroom technology in use today. Its ability to operate virtually is one of its key characteristics, providing access to justice without the need for physical attendance at hearings and trials.
The Court is serviced by a Registry, headed by the Registrar, which is responsible for the case management of the cases that come before the Court. The Registrar and his team of expert case managers and support staff are available to assist Court-users who have queries in relation to filing an application, or who are seeking assistance as to the practices and procedures to be adopted before the Court.