Fabulous Victory for Qatar in International Arbitration

Very good comforting news that, the Court of Arbitration of the international Chamber of Commerce (ICC) in Paris, gave a victorious award to the benefit of Qatar Foundation (QF) versus Joint Venture Co (JV). 

As the facts of the dispute show, QF signed a contract with JV to design and construct Sidra Medicine construction in 2009. However, QF terminated the contract with the JV due to failure to perform.

I am a member of the Legal Technical Committee of the ICC General Secretariat, and we look into the development for the Arbitration Law of the ICC, which is the legal base for the arbitration tribunal.

Needless to say, the arbitration court of the ICC, is the most famous and highly classified as the best place for arbitration in global international disputes. The disputing parties, from all over the world, refer their disputes to this arbitration tribunal. 

The span of disputes covers all types including trading, commercial, banking, accounting, and construction disputes to be adjudicated based on and under the FIDIC RULES (International Federation of Consulting Engineers - in French - FIDIC).

What makes the arbitration court of the ICC, the 1starbitration tribunal, are many factors and reasons including, inter alia, a very good law providing for clear and accurate concise procedural matters before the tribunal, a condensed and selected big list of very highly professional reputed arbitrators from all parts of the world covering all legal jurisdictions, deep ethics culture and clear legal rules regarding the impartiality and independence of the arbitrators. 

Last but not the least, the overwhelming power of the General Secretariat of the ICC to look into awards for endorsement before declaring the final award to the disputing parties. This looks like a court of cassation final decree in the case before it.

Another great unequivocal advantage, is the privilege and absolute credit of the faintly of the arbitration tribunal award. The arbitration award is absolutely final and enforceable by the required enforceable agencies.

What more?

I believe nothing is more needed so as to go in line with the important principle of fast justice, based on the glorious principle saying “Delay of Justice is Denial of Justice”. Herein, arbitration proves the best available alternative for the final settlement of disputes.

All above factors are available when seeking justice through the arbitration tribunal of the ICC. We highly respect QF for such brave action and taking the dispute to the doors of this international legal body in Paris for the settlement of the dispute with JV.

Arbitration, is the choice of the contracting parties. By opting to arbitration, the parties can choose the applicable law, choose the arbitrators to look into the dispute, choose the location, the language.

All such privileges are not available when the dispute is before judicial courts.

Needless to say, the victory in such big international sensitive disputes, starts from beginning at the time of discussing and negotiating the terms of the contract between the parties.

 In big, complicated contracts, it’s always better to include a clear-cut arbitration clause in the contract. When it comes to the choice among international arbitration courts, I normally opt for the arbitration tribunal of the ICC in Paris.

 During my practice, this stand proves itself as the best available alternative for fast and accurate justice.