The binding power of Arbitration, as an alternative dispute resolution, is based on mutual consensual agreement of its parties considering that this arbitration agreement is its constitution. Therefore, the existence and validity of the arbitration agreement requires the consent of the parties whatever its form as an arbitration clause in a contract or in the form of a separate agreement.
The practice in the world of international trade, particularly in the field of contracting, works and supplies, has become more rapid than before and needs more flexibility in concluding contracts. Those contracts, including the arbitration clause, are no longer concluded in the classic form with signature of the parties in a single document. Instead, “purchase, sale, supply orders” or “invoices”, including an arbitration clause, are issued by one of the parties and performed by the other party without need of a mutual signature.
Accordingly, the matter is: do these orders, invoices and their performance consist a valid arbitration agreement? Is it permissible to claim the inexistence or invalidity of that arbitration agreement before the arbitral tribunal or the national judiciary? And to what extent is this form of arbitration agreement valid and binding in the light of the Qatari Arbitration Law?
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Please note this event will be in Arabic and times listed are in Arabian Standard Time (GMT+3).
Managing Partner, Omani & Partners LLP & Assistant Professor, Qatar University; Chair of CIArb Qatar Branch
Dr. Nasser Al-Adba is an accomplished and highly recognized lawyer in Qatar and MENA region, having practiced law extensively throughout the world. He specializes of major Corporate and Construction matters both litigation and ADR. Dr. Al-Adba practices also the fields of International Investment Law and International Trade, having been chosen for the World Trade Organization roster of panellists (WTO). He is full time assistant Professor teaching the areas of Public International Law, ADR and Investment Arbitration at Qatar University (QU). Recently, Dr. Al-Adba is elected as the Chair of Chartered Institute of Arbitrators (CIArb) Qatar Branch.
Ph.D. in International Investment Arbitration from University of Manchester, UK
G.D.L. in International Negotiation, Mediation and Dispute settlement from Harvard Law School, USA
L.L.M. from Graduate Institute of International and Development Studies, Geneva, Switzerland
Partner, Resolve International; Vice-Chair of CIArb Qatar Branch
Saad Hegazy is a Delay and Quantum Testified Expert Witness, Member of the Academy of Experts with over 20 appointments, Expert Determinator, Arbitrator and CEDR Accredited Mediator based between Doha and Dubai with more than 17 years’ experience in Delay Analysis, Construction Contracts, Quantity Surveying, Claims, and Disputes Resolution in various industries and project types in GCC, Middle East, Asia, and Africa. Saad has a wealth of experience and knowledge having worked on airports, metros, infrastructures, industrials, oil & gas, water treatment, utilities, luxuries and high-rise buildings projects. His expertise extends to arbitration, mediation and litigation work. His education includes BSc in Civil Engineering, MSc in Strategic Project Management, LLM in Construction Law and International Arbitration. Saad is the President of AACE Qatar Branch, and Vice-Chair of CIArb Qatar Branch, previous ICC YAF MENA Regional Representative. Saad is a Fellow of the Chartered Institute of Arbitrators (FCIArb), Expert Witness and Member of the Royal Institution of Chartered Surveyors (MRICS), CEDR Accredited Mediator, and Arbitrator listed at QICCA, SCCA, CIArb, and W&W rosters.