30 June 2019

His Excellency Dr. Hassan bin Lahdan Al Mohannadi, President of the Supreme Judicial Council and President of the Court of Cassation, affirmed that the establishment of a specialized court for investment and trade is an important step in the development of the judicial system in the State of Qatar.

In a press statement, His Excellency valued the Cabinet's approval of the establishment of this specialized court, which comes within the framework of the vision of the legal leadership of the State of Qatar to achieve prompt justice, develop judicial systems and encourage creative initiatives that contribute to the advancement of all sectors, including the economic and investment sector in the country, in line with the developments taking place on both national and international levels.

His Excellency Dr. Hassan bin Lahdan Al-Mohannadi said that the new court also comes within the framework of creating an investment-attractive environment in the State of Qatar, which has become the focus of many investors, noting that the establishment of this court keeps pace with the demand for the investment sector in the country, and therefore it is a reassuring message for investors and owners Businesses wishing to work within the country.

His Excellency added that the Supreme Judicial Council is working hard to develop the judicial system in line with the developments witnessed by the State of Qatar in various fields and to achieve the Qatar National Vision 2030, whose foundations were laid by His Highness Sheikh Tamim bin Hamad Al Thani, the Emir of the country, from which many strategies emerged. Specialized development in each sector of the state.

His Excellency the President of the Supreme Judicial Council indicated that the Council is in the process of preparing to launch the Investment and Trade Court, which is the first stage on the way to establishing a specialized judiciary in the country aimed at accelerating the pace of adjudicating disputes and achieving prompt justice, as the judicial strategy that the Supreme Judiciary is currently preparing states the importance of developing the judicial system And ensuring prompt and specialized justice in all fields, in a manner that guarantees all litigants their rights with the required speed.

The establishment of the Investment and Trade Court comes after a study prepared by a joint working group comprising representatives of the Supreme Judicial Council, the ministries of finance, justice, commerce and industry, the General Secretariat of the Council of Ministers, Qatar Central Bank, Qatar Chamber of Commerce and Industry, and Qatar University, to study the mechanisms and requirements for its establishment.

The new court will have jurisdiction to adjudicate disputes related to commercial contracts, cases arising between merchants and related to their commercial business, cases related to commercial papers, cases between partners or shareholders in commercial companies, disputes related to commercial assets, disputes related to the investment of non-Qatari capital, and bank operations, marine sales, bankruptcy and preventive composition, patent disputes, trademarks, industrial models, trade secrets, and intellectual property rights, as well as lawsuits related to the invalidity and enforcement of civil and commercial arbitration provisions, and lawsuits and disputes related to the prevention of monopolistic practices, unfair competition, dumping and practices harmful to national products.

According to the project to establish the court, this new entity will have an independent headquarters in which court sessions will be held and equipped with the latest electronic means, while the new court will witness the first application of the case management system in the State of Qatar, and then this will be a role model for all courts of different jurisdictions and degrees.

This system is entrusted with preparing the case under judicial supervision in a way that reduces judicial procedures, and preparing it before presenting it to the court in preparation for its adjudication, in addition to the possibility of presenting conciliation to the litigants during the preparatory stage, which leads to the strengthening of restorative justice and the relief of judges.

The work team of establishing the court had studied all regional and international experiences in the field of specialized courts in investment and trade in order to benefit from them and to benefit from the successful experiences and to avoid the shortcomings and negatives that plague such experiences, in addition to crystallizing the national legislative identity in the texts of the project in line with the requirements of the market, investors and traders, and the level of the pioneering achievement of the national economy.

The new court attracts qualified national cadres in accordance with the decisions and recommendations of His Excellency the President of the Supreme Judicial Council, who stressed in this context the need to nationalize the judicial and administrative cadre, as the establishment of this court will represent the first of the ambitious plan to create a national judiciary that enjoys a high level of competence and training and performs its tasks efficiently.