Over the past six months, the construction industry in Qatar has experienced regulatory updates and legislative developments shaping the legal sector.
One of the most notable is the landmark ruling in University of Cambridge v. The Holding WLL, rendered by the Qatar Financial Centre’s ("QFC") Court of Appeal, clarifying that the QFC does not operate as an opt-in jurisdiction despite parties' agreement. Another significant milestone is the implementation of the new arbitration rules by the Qatar International Centre for Conciliation and Arbitration (the "2024 QICCA Rules"), a long-awaited update to its predecessor, which had been in effect since 2012.
University of Cambridge v The Holding WLL ([2025] QIC (A) 6)
Case facts
The University of Cambridge, through Cambridge University Press (both UK entities), entered into a services agreement with Technolab Co, a Qatari subsidiary of The Holding WLL (both Qatar entities), to support a government education project. After completing its obligations, Cambridge and The Holding WLL agreed to a first-demand guarantee and indemnity in early 2024 to secure outstanding payments. While the original agreement was governed by English law, the guarantee conferred exclusive jurisdiction to the QFC Court to hear any disputes in connection with the guarantee. Accordingly, it is before the QFC Court that Cambridge later sought to recover payment under the guarantee.
Legal framework
Under Article 8.3 of the QFC Law No. (7) of 2005 ("QFC Law") (primary legislation), the jurisdiction of the QFC Court is limited to five specific scenarios, including disputes involving QFC-established entities or transactions connected to the QFC.
However, Article 9 of the of the Qatar Financial Centre Civil and Commercial Court Regulations and Procedural Rules ("QFC Court Rules") (secondary legislation) introduces some ambiguity. Article 9.2 of the QFC Court Rules requires the QFC Court to "take into account the expressed accord of the parties that the Court shall have jurisdiction", i.e. consider opt-in provisions. However, Article 9.4 of the QFC Court Rules grants the QFC Court the discretion to decline jurisdiction if it deems it appropriate or desirable.
Judgment
At first instance, the QFC Court held that it had jurisdiction over the dispute under Article 9.2 of the QFC Court Rules, but then declined to exercise it, citing insufficient ties to the QFC, pursuant to Article 9.4. On appeal, the QFC Court of Appeal examined whether secondary legislation (Article 9.2 of the QFC Court Rules) could expand jurisdiction beyond what is permitted by primary law. The QFC Court of Appeal reaffirmed Qatar’s legislative model, where courts derive authority strictly from legislation, not contractual agreements. The Court held that secondary laws cannot override primary legislation, ruling that Article 9.2 of the Court Rules cannot be used to extend the QFC Court’s jurisdiction beyond the specific scenarios set out in the QFC Law.
Therefore, the Court of Appeal held that although the parties had expressly agreed in the first-demand guarantee to grant jurisdiction to the QFC Court, it was in fact unable to exercise jurisdiction due to the lack of primary legislative authority to do so.
Crucially, this decision does not impact arbitration agreements between non-QFC entities designating QFC Courts as supervisory courts. The Court upheld that Qatar Arbitration Law (Law No. 2 of 2017) grants the QFC Court specific jurisdiction over arbitration matters.
Since this judgment, the QFC Court Rules have been revised through Ministerial Decision No. 9 of 2025 issuing the Rules and Procedures before the Civil and Commercial Court of the Qatar Financial Centre. Article 9 which addresses the QFC Court's jurisdiction no longer includes any provision permitting parties to opt into the QFC Court's jurisdiction by agreement, nor does it grant the QFC Court discretion to decline jurisdiction in such circumstances.
The 2024 QICCA Rules
On 15 September 2024, QICCA issued a new set of arbitration rules, which came into effect on 1 January 2025. The 2024 QICCA Rules establish a modernised framework that enhances efficiency, transparency and use of digital platforms.
Notably, the rules introduce express provisions in areas that were previously unaddressed, including:
- Third-party funding: parties must disclose the identity and nature of any third-party funding to QICCA or the tribunal, but not to the opposing party (Article 9). Unlike the ICC Rules, disclosure to the counterparty is not required.
- Consolidation of arbitrations: consolidation is now permitted before the constitution of the tribunal formation for disputes arising out of the same contract or involving the same parties. Tribunals involved in multiple arbitrations can also request consolidation (Article 10).
- Expedited arbitration: expedited proceedings are now available for disputes under QAR 1 million (approx. USD 274,100) or where parties agree to their use. Proceedings are conducted on a documents-only basis, with a sole arbitrator appointed by QICCA. The final award must be issued within 90 days of case file receipt, subject to extension (Articles 42-49).
- Emergency Arbitrator procedures: emergency proceedings are now available when urgent relief is needed before the constitution of the tribunal. An Emergency Arbitrator is appointed to decide within 15 days. Relief may be granted only if five conditions are met, including jurisdiction, urgency, irreparable harm, and a favourable balance of interests (Articles 57.1-57.3).
- Digital integration: allows electronic submissions, digital signatures, and virtual hearings (Articles 5.6, 34.1, 63.7). However, hard copies of electronic communications must still be delivered to QICCA (Article 4.9).
In addition, the 2024 QICCA Rules revise and update existing provisions in certain areas. For example:
- Broader joinder provisions: while joinder of third persons was previously available under the 2012 QICCA Rules, this was only after the constitution of the tribunal. The 2024 QICCA rules now allow joinder requests to be made both before and after the constitution of the tribunal.
- Revised fee structure: under the 2012 QICCA Rules, registration fees followed a fixed-fee structure based on factors such as the number of arbitrators, type and complexity of the dispute, and administrative considerations, with arbitrators’ fees calculated on hourly or daily rates. Under the 2024 QICCA Rules, the fee structure has shifted to a value-based model. Registration and administrative fees are now both determined by the monetary value of the dispute, with registration fees ranging from QAR 2,000 to 20,000 (approximately USD 550–5,400) (Article 74). Administrative and tribunal fees have increased slightly, now capped at QAR 650,000 (around USD 180,000). This change aligns QICCA with international arbitration institutions like the ICC and LCIA, enhancing transparency and predictability in cost estimation.
