The Qatar Chamber’s Qatar International Centre for Arbitration and Conciliation (QICCA) held a seminar titled ‘Arbitration in Engineering Disputes’ on Wednesday, December 13 in the attendance of QICCA board member for International Relations, Sheikh Dr. Thani bin Ali Al-Thani, QICCA’s Assistant Secretary-General Ibrahim Shahbeek, and a host of lawyers, arbitrators, and corporate representatives.”
The event focused on the legal and engineering challenges confronted by arbitrators in contractual disputes, including insights into the latest developments in engineering arbitration.
On his part, Dr. Abdul Hannan Al-Issa, a practitioner, senior legal adviser, and professor of arbitration in FIDIC and Islamic finance contracts, delivered a presentation on the legal and engineering challenges encountered by arbitrators in contract disputes.
Dr. Al-Issa emphasized the significance of a correct understanding of contractual obligations for all parties involved, including the employer, contractor, engineer, and subcontractor.
He explained that the causes of disputes in the construction sector include a lack of attention to detail, vague drafting of certain contract terms, failure to achieve financial balance, inefficient performance by contract workers, and inaccuracies in project details.
Dr. Al-Issa also highlighted the concept of ‘Decennial Liability,’ as stipulated in Article 711 of Qatari Law No. 22 of 2004. He mentioned the shortcomings covered by this liability, such as water leakage, misuse, and finishing, as well as cases not included, and specified the commencement date for such liability.
In turn, Dr. Riad Fakhri, Director of Business Law Research Laboratory, Lecturer for International Trade and Arbitration Law, Lawyer, and International Arbitrator, focused on his interference on the developments of arbitration in engineering disputes. He highlighted many topics such as the selection of arbitrators, preliminary hearings, and arbitration deadline.
Fakhri noted a significant development in the construction sector at technical and engineering levels, and in the contracting parties’ obligations.
He underscored the necessity to enhance the legal framework for such contracts and arbitration in engineering disputes.
He also stressed the importance of selecting arbitrators with expertise in construction contracts for the arbitral tribunal.