17/10/2018
The Qatar International Centre of Conciliation and Arbitration (QICCA), affiliated to Qatar Chamber, organised an arbitration seminar on mechanisms to resolve maritime and engineering dispute and each sector characteristics and methods.
The seminar focused on engineering arbitration and its specificities, since the vast majority of its issues related to the dispute over the implementation of large capital projects, either in terms of delay in implementation or payment, and the dispute over the quality and non-compliance with the agreed standards.
The one-day event, held at Qatar Chamber headquarters, was attended by a number of lawyers and arbitrators
QICCA’s Assistant Secretary-General Ibrahim Shahbik stressed that QICCA is keen to organise legal meetings on the applications of arbitration in various areas of professional activities and to highlight the follow up of the Qatari arbitration law for those activities.
He said arbitration is based on a set of professional rules and standards that must be observed, especially after arbitration has become the main method of resolving and settling disputes related to the execution of engineering and marine contracts and other economic activities.
He pointed out that engineering arbitration has become a prerequisite for solving the problems that may impede the implementation of projects and construction work in addition to resolve the differences that arise between the various parties of the contracts.
Shahbik added that maritime arbitration is a form of commercial arbitration that requires the maritime arbitrator to be familiar with the marine technical aspects and the operation of the vessel and its navigational and commercial activities.
For his part, the arbitrator Khalifa al Mohannadi explained in his presentation mechanisms of solving marine disputes, saying that the marine dispute is any dispute, or claim governed by the maritime law, or those disputes that are arising in the context of maritime operations between persons and persons or between persons and any company.
He noted that the any dispute related to the sea is considered a maritime dispute.
Al Mohannadi pointed out that the most prominent maritime disputes are maritime collision between (two ships), or between (a ship and an inland navigation boat).
He reviewed the characteristics of maritime disputes, saying that they are divided into three forms; international, commercial and maritime in nature.
He explained types of maritime disputes which include disputes arising from maritime transport, from transactions on ships, from contracts of shipping, handling and unloading.
Meanwhile, the arbitrator Abdulaziz Al Hammadi explained in his presentation mechanisms of solving engineering disputes saying: “Engineering arbitration is of a special nature because it is related to disputes of the implementation projects of large capitals. Engineering disputes are related to delays in implementation or payment, differences in quality and non-compliance with agreed standards.
Therefore, those who undertake engineering arbitration must have full experience of the basic principles of the contracts governing them, he noted.
