Judge Khalid Ali Al Obeidli, Head of the Investment and Trade Court, affirmed that the court, whose establishment law was issued last year, will be characterized by flexible procedures for settling disputes that meet all modern international standards, protecting rights, enhancing transparency and equal opportunities, in addition to contributing to the realization of Qatar Vision 2030, which His Holiness laid. His Highness Sheikh Tamim bin Hamad Al Thani, Emir of the country.

The President of the Investment and Trade Court said, in an exclusive interview with Qatar News Agency (QNA), that the establishment of a court specializing in commercial dispute cases is an important step in the development of the judicial system of the State of Qatar in line with the vision of the wise leadership in encouraging all creative initiatives that contribute to the advancement of all sectors, including the economic and investment sectors in the country, which have witnessed significant growth in recent years.

He added that the issuance of the Investment and Trade Court Law No. 21 of 2021 is an opportunity to create an attractive environment for investment in the State of Qatar, which has become of interest to many investors and business owners wishing to invest in the country.

He stressed that the presence of a court specialized in investment and trade issues will have a significant impact on the national economy, as it will contribute to accelerating the pace of commercial dispute resolution, creating a healthy economic environment in line with Qatar's plans to increase its exports and attract foreign investments.

He explained that the court is competent to adjudicate disputes related to commercial contracts, disputes arising between merchants of their business, disputes about commercial papers, and disputes arising between partners or shareholders in commercial companies, such as: bank operations, conflicts of finance and investment companies, maritime sales, electronic commerce transactions, and transportation contracts. , supply contracts and orders, commercial mortgage, commercial agency, bankruptcy, intellectual property, business and industry contracting, building and construction contracting, insurance, commercial companies, service contracts, publishing and media disputes, and others.

Judge Khalid Ali Al Obeidli stated, concerning the departments of the Investment and Trade Court and its objectives, that it consists of primary and appellate circuits. Its judges are among the judges of the Court of First Instance and the Court of Appeal chosen by the Supreme Judicial Council, in addition to a circuit in the Court of Cassation that will be competent to consider appeals against judgments issued by the court. The court will work to contribute to enhancing investors' confidence in the judiciary, improving the community's legal culture, and speeding up dispute resolution with quality and efficiency.

Regarding the fate of the cases filed in Qatari courts before the issuance of the law establishing the Investment and Trade Court, which has now come under the jurisdiction of the court, he said that the court has jurisdiction, based on the law of its establishment, to adjudicate cases and disputes that have become within its jurisdiction, and which are filed before it as of the date of this law’s implementation.

He stated that the Civil Courts of First Instance would continue to hear cases and disputes brought before them before this date. The Court of Appeal and the appellate circuits of the Civil Court of First Instance will continue to consider appeals filed before them before the date of enforcement of this law in judgments issued in cases and disputes that have become the jurisdiction of the Investment and Trade Court. The Court of Appeal and the appellate circuits of the Civil Court of First Instance shall consider appeals filed regarding judgments issued in cases and disputes that were filed before the civil courts of first instance before the effective date of this law.

On the mechanism of forming circuits and judicial work at the Investment and Trade Court, he indicated that each of the first instance circuits is comprised of three court judges. Each circuit is headed by its oldest members, indicating that the Council delegated whomever it deems to be judges of the Court of Appeal to lead one of the court’s first instance circuits for a period of one year, renewable for one year or for other similar periods. One or more primary circuits, consisting of a single judge, may decide on cases and disputes related to investment and trade issues determined by the Board and whose value does not exceed 10 million riyals.

He explained that each of the court’s appellate circuits is also formed of three judges from the court of appeal, and each circuit is headed by its oldest members. The council also delegates whomever it deems to be judges of the Court of Cassation to head one of the appellate circuits of the court for a period of one year, renewable for a similar period or periods.

He pointed out that the president of the court chooses one or more judges from the court who is competent to rule temporarily without prejudice to the right in urgent matters that are feared of running out of time, and issuing orders on temporary and temporary petitions, adding that the implementation of judgments issued by the court takes place under the supervision of one or more delegated judges. By a decision of the Council for a period of one year, renewable for another similar period or periods. A decision is issued by the president of the court based on the proposal of the general assembly.

On the benefit of international and regional experiences in establishing the court, he referred in this regard to visits and training courses by some judges to the Singaporean Justice Academy in 2019 and the London Commercial Court in 2020, in addition to visiting a number of arbitration and mediation centers in Singapore and Britain.

With regard to providing the court with Qatari cadres specialized in the field of commercial justice, the President of the Investment and Trade Court praised the “Judges of Tomorrow” program, established in cooperation between the Supreme Judicial Council and the College of Law at Qatar University, which aims to attract to the Council the college’s outstanding students who meet the admission requirements for this program by sponsoring them. Being briefed with them academically throughout their studies until graduation and joining them as assistant judges after their graduation.

He stated that the conditions for joining the program include that the student be a Qatari citizen, have completed at least 40 hours, and excel in his field of study with a grade point average of no less than 3 and that application will be open.

With regard to using modern technologies in the court's work in facilitating litigation and speeding up cases, he indicated that there will be an electronic system that simulates the texts and articles of the law.

Regarding the Case Management Office and its members, he said that the idea of case management was the result of long and strenuous efforts that the global legal systems had gone through, and found reasons to justify its necessity in every society. The State of Qatar was not far from developments and was always interested in developing its legislation, noting that Law No. 21 of 2021 regarding establishing the Investment and Trade Court. Article (16) of it stipulates that “an office called “case management office” shall be established in the court, consisting of a chief among its judges, and the membership of a sufficient number of judges and assistant judges, legal and administrative, to be chosen by the president of the court.” The same article included the text that “a decision shall be issued to determine the procedures and mechanisms of work in the case management office.”

With regard to the definition of case management, he said that it is the early control of the lawsuit by placing it under the supervision of a judge, assistant judge or legal researcher who monitors all its procedures, starting with its registration, by making sure that any deficiency in the parties’ data or documents is met, paying the prescribed fee, and ensuring the completion of advertisements. Allowing the parties to exchange notes, monitor their duration, write a report, and then refer them to the competent court.. The idea is based on the distinction between the procedural function and the judicial function during the course of the case, where the case management office supervises the procedural tasks related to the case file.

He defined the objectives and tasks of the case management, in preparing the case file and verifying its contents so that the case would be ready for consideration before the trial court, by completing the parties’ data and ensuring the integrity of their representation, collecting evidence and documents and exchanging notes, which facilitates the task of the subject judge to decide the case as soon as possible, and to present Resolving the dispute on the parties by alternative means of litigation, such as settling the dispute through mediation in accordance with Law No. 20 of 2021 regarding mediation in the settlement of civil and commercial disputes, which may lead to a reduction in the number of cases that reach the subject judge.

He stated that among these goals and tasks as well, setting a timetable that clarifies the successive lawsuit procedures, and defines for each procedure a specific period during which this procedure will be terminated, in a manner that gives a character of reassurance to the parties to the lawsuit that their lawsuit will end in a time that facilitates them to organize their plans for their work, indicating among them is also creating the appropriate environment for investors to be assured of their capital, given that the litigation system and its procedures are always taken into account when they go to invest in a new area, in addition to enhancing confidence in the judiciary, as case management helps speed up litigation procedures, thus enabling people to reaching their goal in a way that includes shortening time, effort and expenses.

With regard to the stages of the case management procedures, he explained that the first of these stages is to submit a request to open a case, and this stage begins with the registration of a request to register a case before the court, with the claim sheet attached to the form designated for that, after completing a number of data related to the names, addresses, phone numbers and e-mail of the parties to the case. Or whoever represents them, and if one of them is outside the country, his data must include his mailbox number in the country in which he resides. This data also includes an explanation of the lawsuit’s subject matter, its reasons, grounds, and the plaintiff’s requests, and a portfolio of documents supporting his claim, attached to it a list of their vocabulary. If the documents, or some of them, were written in a foreign language, an Arabic translation of them must be submitted.

As for the second stage, it is the stage of verifying the validity and completeness of data and documents, in which the case management office is confirmed by one of its members, within a period of three days from the date of submitting the application, that it has completed the data and addresses of the parties and all documents necessary for the settlement of the case, and in case of shortage, the plaintiff or his representative shall be notified to complete it within a period of ten days from the date of the notification, and if he does not complete all the requirements of him within the ten-day deadline, the application is closed electronically, and after that he has no choice but to submit a new application. In the third stage, which is the stage of classification and determining the path, he explained that if the plaintiff completes the data and all the documents required of him, and the request is one in which a performance order may be issued, and the plaintiff did not follow the path specified by the law to issue the performance order, the matter is presented to the head of the office to issue his decision By registering the request with a performance order and referring it to one of the departments competent to issue those orders, after paying the prescribed fee electronically.

In the event that the plaintiff completes the data and all the documents required of him and the application is the subject of a lawsuit, the member of the office prepares a schedule for the exchange of notes and documents and authorizes the applicant to pay the fee electronically.

He pointed out that if the period authorized for paying the fee has passed without its implementation, the electronic system will automatically close the application, and the applicant will have no choice but to submit a new application.

Regarding the definition of the performance order and its objectives, he said that the performance order is a special path drawn up by the legislator to require the specific right established in writing and the current performance is by a judicial order without the need to file a lawsuit. It possesses the authority of the thing decided. It is the duty of compulsory execution if it fulfills its conditions and exhausts the means of appeal against it, and that is an exception to the General rules for filing a lawsuit. The performance order system achieves fast resolution of disputes.

Regarding the conditions for obtaining a payment order, Judge Khalid Ali Al Obeidli identified four conditions: a debt of money and a specified amount, the condition of payment, and that it must be established in writing.

And about the data that must be included in the request petition and the documents that must be attached to the petition, he indicated that this petition must include the name of the creditor or his agent and his national address, the debtor’s full name and national address, as well as the facts and evidence of the request, in addition to a statement that is required to be paid in terms of origin, attachments and expenses, and finally Determining a chosen domicile for the creditor.. As for the documents to be attached, they are: Deed of debt. (such as a check, a bill of exchange, an acknowledgment, etc...), then evidence of the full payment of the fee.

Regarding the procedures for issuing the order, he said that it is first done by restricting the payment order request on the electronic system of the court by the creditor or his representative or by the case management office if it appears to him that the request to open the case is one in which a performance order may be issued, and then the performance order is issued electronically within three days at most from submitting the application and showing the amount to be paid in terms of the original, attachments and expenses, so that the bond remains in the clerk’s office of the court of first instance until the time for grievance has passed from the order issued on its basis. It is obligated to pay it as if it were not if it is not notified to the debtor within three months from the date of issuing the order.

In response to a question: To which of the judges does the jurisdiction reside in requesting a performance order? What if the judge refuses to issue the order? The President of the Investment and Trade Court stressed that the jurisdiction to request the issuance of a performance order rests with the first instance circuits formed by a single judge, pursuant to a decision issued by the president of the court to form circuits and distribute work in the court. in the grievances received.

He explained that if the judge refuses to issue the order, he must, in accordance with Article 8 of the Supreme Judicial Council’s decision regarding the procedures and mechanisms of work in the case management office, return the request to the office for its management, and therefore the case management office collects the fees, documents and data necessary for the settlement of the case and announcing it to the defendant electronically at the national address.

As for whether it is permissible to appeal against the performance order and appeal it, he said that the debtor may appeal against the order within thirty days from the date of its notification to him, pursuant to Article 151 of the Civil and Commercial Procedures Law. By attending the conditions prescribed for the opening newspaper of the case, adding that the grievance must be justified, otherwise it will be void, and the right to appeal against the matter shall also be forfeited if the debtor directly appeals against it.

Judge Khalid Ali Al Obeidli said: “The complainant is considered the plaintiff, and when examining the complaint, the rules and procedures followed before the Court of First Instance shall be taken into account. The performance order and the judgment issued in the grievance thereof shall be the provisions related to expedited enforcement according to the conditions specified by the law. The performance order or the judgment issued in the grievance thereof may be appealed before the appellate circuits of the court, and the time for appeal shall be in accordance with Article 11 of the Law establishing the Investment and Trade Court fifteen days from The date of the announcement of the concerned parties.

Concerning the process of requesting precautionary seizure in the event of submitting a request for a performance order, and how it is done, it was mentioned that if the creditor wants to seize what he owes to others, and in the cases in which the creditor may issue an order from the judge for precautionary seizure, the seizure order is issued by the competent department to issue the payment order, and that An exception to the provisions of Articles (363), (401) and (446) of the Procedure Code.

He explained that the creditor must, within the eight days following the signing of the seizure, submit a request for performance and the validity of the seizure procedures to the aforementioned department.  

Provided that the paper notifying the seizure to the garnishee includes notifying him of the submission of this request, otherwise the seizure shall be considered as if it had not existed.. In the event of a grievance against the seizure order for a reason related to the origin of the right, it is stated that the order for payment is not issued, and the request is referred to the case management office to complete its procedures and then referring it to the competent department in accordance with Article 8 of the Supreme Judicial Council’s decision regarding the procedures and mechanisms of work in the case management office, noting that the creditor collects from the creditor in the cases of attachment in the manner presented above, a quarter of the fee when requesting the signature of the attachment and the rest upon request for payment and the validity of the seizure.