20-11-2024
The 5th World Conference on International Arbitration, held under the patronage of H.E. Sheikh Mohammed bin Abdulrahman Al Thani, Prime Minister and Minister of Foreign Affairs, concluded its activities on Wednesday November 20 at the Waldorf Astoria Lusail Hotel with a slew of significant recommendations.
Organized by the Qatar International Centre for Conciliation & Arbitration (QICCA), the two-day event held under the theme ‘Arbitration in the MENA Region – Present and Future.’
In the closing session, QICCA’s Secretary-General Ibrahim Shahbik announced the conference’s recommendations which included allowing the review of Court of Appeal rulings on arbitration awards by the Court of Cassation and seeking UNCITRAL’s recommendations when drafting arbitration and mediation legislation.
Recommendations also included issuing lists of qualified arbitrators along with clear guidelines and conditions to govern the appointment of arbitrators by competent courts in cases of ad hoc arbitration and developing advisory guidelines to regulate the conduct of arbitrators in ad hoc arbitration to enhance the arbitration process.
They paid tribute to the judicial approach that supports arbitration by facilitating the recognition of arbitration agreement by reference, while emphasizing that this should only apply in clear reference cases, as per the established practice in comparative jurisprudence among model law jurisdictions.
The conference also affirmed the importance of subjecting international arbitration agreement to the law of the arbitration’s seat, unless otherwise agreed by parties, which is in line with the established approach in the jurisprudence of the supreme courts in Arab countries and other comparative jurisdictions.
It also called for developing rules on arbitrators’ disclosure process prior to issuing appointment awards in ad hoc arbitration, as well as activating the role of mediation in resolving disputes before the Investment Court in accordance with the Qatari Mediation Law.
The Conference featured seven panel discussions on several topic relating to the international arbitration, with 35 speakers from prominent figures in international arbitration from GCC, Arab and foreign countries.
Panel reviews the role of applicable law before the arbitral tribunal
The first day’s third panel was moderated by Mr. Tarek Labban, QICCA Arbitrator, Lawyer, and Partner at Thani bin Ali Al Thani Law Firm. It touched on the ‘Role of Applicable Law Before the Arbitral Tribunal.’
Speakers in this session included Prof. Dr. Bernardo M. Cremades, QICCA Arbitrator, Professor of Law, Member of the Spanish Academy of Jurisprudence and Legislation, and Former President of the Spanish Court of Arbitration; Prof. Dr. Loukas Mistelis, Professor of Commercial Law and Arbitration and Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London; Prof. Dr. Joongi Kim, QICCA Arbitrator, Professor of Law at Yonsei Law School in Seoul, South Korea, and Former President of the Korean Council for International Arbitration (KOCIA); Dr. Nader Ibrahim, Professor of Commercial Arbitration at the College of Law, Qatar University; and, via video conference, Prof. Dr. Mohamed Sameh Amr, QICCA Arbitrator, Dean of the Faculty of Law at Cairo University, and International Lawyer and Arbitrator.
Development and obstacles of international commercial arbitration reviewed
The first session of the second day was moderated by Umar Azmeh, Registrar of QICDRC, and titled ‘International Commercial Arbitration: Latest Developments and Practical Obstacles.’
Speakers of this panel included Prof. Gary Born, QICCA Arbitrator, Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr, and Former President of the SIAC Court of Arbitration; Ms. Aisha Abdallah, Board Member of the Nairobi Centre for International Arbitration, Member and Former Head of the Governing Council of the Hong Kong International Arbitration Centre; Mr. Mohamed Shelbaya, Lawyer, International Arbitrator, and Founding Partner of Gaillard Banifatemi Shelbaya Disputes; and Prof. Diego P. Fernandez Arroyo, President of the Curatorium at the Hague Academy of International Law, President of the Arbitration Academy (Paris), and Director of the LLM in Transnational Arbitration & Dispute Settlement at Sciences Po (Paris).
Panel discusses ‘Qualifications and Ethics of Arbitrators’
Moderated by H.E. Dr. Sheikh Thani bin Ali Al-Thani, QICCA Board Member for International Relations and Founder of Thani bin Ali Al-Thani Law Firm, the second session was held under the theme “Qualifications and Ethics of Arbitrators and Expert Witnesses.
This session featured several speakers, including Dr. Muna Al-Marzouqi, the former Dean of the College of Law at Qatar University, Judge of the Qatar International Court, and Professor of Law at Qatar University; Dr. Ibrahim Al-Zadjali, the former President of the Oman Lawyers Association and international lawyer and arbitrator; Dr. Omar M.H. Aljazy, the former President of the Jordanian Arbitrators Association and Officer of the IBA Regional Arab Forum; and Dr. Mosleh A. Altarawneh, Professor of Commercial Law and Arbitration at the Faculty of Law, Al-Ahliyya Amman University, and former Vice President of the University.
Dr. Muna Al-Marzouqi said that the conference has become a vital platform addressing recent developments in commercial arbitration at the local, regional, and international levels.
In her presentation, she reviewed the ethics of arbitrators between texts and practice, focusing on the impartiality and independence of the arbitrator, based on the articles issued in the Arbitration Law No. 2 of 2017, as well as in QICCA’s rules.
Promoting and supporting Arbitration
Moderated by Dr. Anas Al-Tourah, QICCA Arbitrator and General Secretary of the Kuwait Commercial Arbitration Centre, the third panel was held under the theme “Role of National Courts & Laws to Promote and Support Arbitration.
Speakers included Prof. Dr. Georges Affaki, Professor of Law at the University of Paris and Judge at the Qatar International Court; Dr. Mohamed Salem Abou El Farag, QICCA Arbitrator and Associate Professor of Commercial Law and Arbitration at the College of Law, Qatar University; Dr. Mohammed Ismail, Assistant Professor of Law at Ahmed Bin Mohammed Military College; and Ms. Judith Knieper, Secretary of the UNCITRAL Working Group II (Dispute Resolution) and UNCITRAL Legal Counsel.
‘Arbitration in Specialized Disputes’ reviewed
The fourth panel was moderated by Eng. Ahmad Al Ansari, QICCA Arbitrator and former Technical Office Manager of the Public Works Authority (PWA).
In this session, the speaker list included Ms. Virginie Colaiuta, Visiting Fellow and member of the Centre for Construction Law at King’s College London, and Co-Chair of the International Construction Law Committee of the International Bar Association; Dr. Yousef AlSulili, Assistant Professor of Law at Kuwait University and former Chief Executive Officer of Ooredoo Kuwait; Dr. Abdul Basit Al-Drasi, QICCA Arbitrator, Professor of Commercial Law at Saba University, and Founding Partner of Al-Najjar and Al-Drasi Law Firm; and Dr. Tarek F. Riad, QICCA Arbitrator, Head of the Commercial Law Department at the German University in Cairo, and former Chairman of the Executive Committee of the Dubai International Arbitration Center.
