Qatari law provides guarantees for subcontractors’ dispute settlement, says Colaiuta
The Qatar International Centre for Conciliation & Arbitration (QICCA) at Qatar Chamber hosted a seminar titled ‘How Subcontractors Can Advance Their Claims Against the Main Contractor and the Employer.
The seminar aimed to review various topics, including disputes that arise between main contractors, subcontractors, and emplyers.
Moderated by Eng. Ahmad Ali Al Ansari, an expert arbitrator, the seminar featured Virginie Colaiuta, a Partner in the London office of the boutique law firm LMS Legal LLP and Visiting Fellow of King’s College London, as the speaker.
The seminar was also attended by Ebrahim M. Shahbeck, Deputy Secretary-General at QICCA, along with many arbitrators, legal expert and those interested in arbitration.
In her remarks, Virginie Colaiuta focused on several aspects, including the contractual nature between subcontractors, main contractors, and employers, as well as the arbitration clause in these contracts.
She also discussed Article 702 of the Qatari Civil Code, which outlines the claims of subcontractors against the employer.
Colaiuta indicated that in the event of a dispute between the subcontractor and the main contractor, the dispute must be resolved in accordance with the terms of the subcontract, and if the subcontract included an arbitration clause, the subcontractor must commence arbitration against the main contractor.
She also noted that article 702 (1) of the Qatari Civil Code states that: ‘The subcontractor and laborer’s working for the account of the main contractor to perform the work shall be entitled to directly demand the employer to pay their dues to the extent payable by the main contractor at the time of the claim. The employees of the subcontractor shall have the same right against the main contractor and the employer.’
Furthermore, she reviewed several cases filed before Qatari courts involving subcontractors’ claims against major contractors and employers, confirming that Qatari law provides guarantees for handling such disputes.
For his part, Eng. Ahmad Al Ansari emphasized the importance of raising awareness of arbitration proceedings in contracts between subcontractors and main contractors, noting that the inclusion of an arbitration clause is crucial in many of these contracts.
He also highlighted a clear improvement in the laws governing the contractual relationship between the employer and the main contractor.