The Arbitration Agreement from the Perspective of Qatari Law

Abstract

Abstract The arbitration agreement is the first stage of arbitration and the basis of the commitment of the parties to an arbitration. Arbitration is consensual by nature and cannot proceed without such an agreement. If there is no agreement to arbitrate, the disputing parties have no choice but to resort to the state courts to resolve their dispute. In this regard, the importance of the arbitration agreement becomes evident, as it requires several formal and substantive conditions for it to be valid. The consequences of the validity or otherwise of the arbitration agreement may include lack of jurisdiction, the non-extension of the arbitration agreement to third parties, and the ultimate invalidity of the arbitral award. Accordingly, this research will be dedicated to studying the arbitration agreement and its implications as provided by Qatar’s Arbitration Law No. 2 of 2017. The study will also analyze court judgments related to this agreement and its implications, both within Qatar and in other Middle-Eastern states that have adopted the uncitral Model Law on International Commercial Arbitration.