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The Qatar International Centre for Conciliation and Arbitration ("QICCA") has recently unveiled its new arbitration rules, implemented as of 1 January 2025. The 2024 QICCA Arbitration Rules mark a significant overhaul of the previous 2012 QICCA Rules, bringing them in line with the provisions seen in the rules of other international arbitration institutions. The wide-ranging changes include (among others) the introduction of emergency arbitrator provisions, expedited procedures, a revised costs and fees structure and amendments to provisions such as those on consolidation and joinder.
Here, we explore a few of the key features of the 2024 Rules.
Consolidation and Joinder
Unlike the 2012 Rules, the 2024 Rules now make provision for the consolidation of arbitrations (Article 10). Consolidation is available prior to the constitution of the tribunal, at the request of any party or on QICCA’s own initiative, for arbitrations that cover the “same dispute or contract” and are “between the same parties or some of them”. In addition, where an arbitral tribunal has been appointed in multiple arbitrations between the same parties, the tribunal may request QICCA (after consulting the parties) to consolidate cases.
Whilst the 2012 Rules did include provisions on joinder, the 2024 Rules expand on these provisions (Article 21). Now, requests for joinder can be made before the tribunal is constituted, which QICCA may accept if the additional person is a party to the arbitration agreement. The 2024 Rules also amend the requirements for requests for joinder made to the tribunal once constituted. Such requests will not be granted if the tribunal finds the additional party should prima facie not be bound by the arbitration agreement or if the joinder is otherwise inappropriate.
Emergency Arbitration
The 2024 Rules allow for emergency arbitration where parties require urgent relief. Upon receiving a valid application, QICCA shall appoint an arbitrator “as soon as practicable”. The emergency arbitrator shall make its decision solely on the basis of documents, unless a hearing is required in exceptional cases. The decision on emergency relief must be made within 15 days from receipt of the application. The rules set out five requirements for emergency relief to be granted (Article 57.3) including that “extremely urgent circumstances exist” and that “there is a reasonable possibility of a successful claim”.
Expedited Procedures
The 2024 Rules introduce a procedure for expedited arbitration before a sole arbitrator for disputes under 1 million Qatari Rials (“QAR”) (approx. £220,000), or if the parties expressly agree to the expedited procedures. This accelerated process will usually be conducted without a hearing and requires the tribunal to issue an award within 90 days from receipt of the case file. The tribunal can extend this period by 30 days. For extensions beyond 30 days, the tribunal will need the consent of the parties.
Costs and Fees
The 2024 Rules retain a sliding scale of arbitration fees and administrative expenses representing a fixed amount plus a percentage of the amount in dispute. Unlike the 2012 Rules, the registration fee is now a sliding scale of between QAR 5,000 (c. £1,100) and QAR 20,000 (c. £4,400) depending on the amount in dispute, rather than being a fixed fee.
Other modernising changes
The 2024 Rules include several other changes that reflect global best practices, such as:
The amendments made in the 2024 Rules are welcome and reflect a drive by QICCA to align itself with the rules of the major institutions. It remains to be seen whether these changes will encourage more parties to select QICCA as their arbitral institution.
Joanne Denton would like to thank Vrishank Singhania for his assistance in the preparation of this article.
10 February 2025
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