The jurisdiction of both judicial bodies was expanded in 2021 as a result of amendments made to both the QFC Law and the law concerning the Qatar Free Zones.
Court
The jurisdiction of the First Instance Circuit of the Court is to be found primarily in Article 8(3)(c) of the QFC Law (as amended), which provides that the Court has jurisdiction to hear the following types of cases:
- c/1- Civil and commercial disputes arising from transactions, contracts, arrangements or incidences taking place in or from the QFC between the entities established therein.
- c/2- Civil and commercial disputes arising between the QFC authorities or institutions and the entities established therein
- c/3- Civil and commercial disputes arising between entities established in the QFC and contractors therewith and employees thereof, unless the parties agree otherwise.
- c/4- Civil and commercial disputes arising from transactions, contracts or arrangements taking place between entities established within the QFC and residents of the State, or entities established in the State but outside the QFC, unless the parties agree otherwise.
- c/5 Civil and commercial disputes related to other entities, which are assigned to it by law.
In addition to the above, Article 44 of Law No 15 of 2021 (amending Law No 34 of 2005 relating to the Qatar Free Zones) gives the Court jurisdiction to determine disputes relating to the Qatar Free Zones in a fashion similar to the provisions of the QFC Law set out above.
Insofar as the Court’s jurisdiction over arbitration is concerned, 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, which is defined in Article 1 as,
“The Civil and Commercial Arbitral Disputes Circuit in the Court of Appeals, or the First Instance Circuit of the Civil and Commercial Court of the Qatar Financial Centre pursuant to the agreement of the Parties.”
Accordingly, if parties wish to elect the Court as the Competent Court of an arbitration seated in Qatar, they must agree to do so.
Regulatory Tribunal
The jurisdiction of the Regulatory Tribunal is set out in Article 8(2)(c) of the QFC Law (as amended) which provides that:
“The Regulatory Tribunal shall have the jurisdiction to hear Appeals raised by individuals and corporate bodies against decisions of The QFC Authority, The Regulatory Authority, other QFC institutions, and other entities over whose disputes jurisdiction given to the Regulatory Tribunal by law.”
In addition, Article 14 of Law No 15 of 2021 empowers the Regulatory Tribunal to hear appeals relating to a decision to revoke or suspend the licenses of registered companies operating within the Qatar Free Zones.