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QATAR 5
Court of Cassation, 20 June 2016, Case No. 173/2016 (Civil Appeal)
(Not indicated v. Not indicated)
QATAR 5
In its decision of 20 June 2016, in case no. 173/2016, the Court of Cassation held that foreign arbitral awards shall be dealt with as national awards as regards their enforcement. The national courts shall follow the procedures for the enforcement of domestic awards provided by the national legislation if such
procedures are less complicated than the procedures for the enforcement foreign arbitral awards. This principle, however, shall apply only in respect of the procedures for executing the award; it shall not apply to any other conditions or rules that may be imposed by the legislation with regard to the form of the
arbitral award or similar matters. The Court held specifically that submission of the documents indicated in Art. IV of the New York Convention shall be considered sufficient evidence – unless the contrary is proved – for the validity and enforceability of the award. In the case at issue, the applicant had supplied all documents necessary to enforce the award, which had been rendered by an ICC tribunal in Paris. The Court of Cassation then found that the appeal filed by the present appellant before the French Cour de Cassation against the denial of its request to set the award aside did not affect the award or suspend its enforcement. The appealed Qatari decision in this case had not applied this principle and was therefore mistaken.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
Award not binding, suspended or set aside: The court discusses the meaning of an award having been “suspended” in the country of origin, including when the award has been suspended by operation of law rather than by a court decision.
More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.