Question: We have obtained a judgment from outside Qatar against a company incorporated under the laws of Qatar. Will it be possible to enforce the same in Qatar?
KL, Doha


Answer: Enforcement of foreign judgments by Qatari courts are subject to the principle of reciprocity recognised under Article 379 of the Commercial and Civil Procedure Code – Law No.13 of 1990. Qatari court would generally require evidence that the competent court in the relevant foreign jurisdiction would enforce Qatari judgments.
In addition to the reciprocity requirement, enforcement orders shall not be issued unless the following is verified: (1) the Qatar courts are not the sole competent body to determine the dispute on which the judgment or order was issued, and that the foreign courts that issued such a judgment or an order are competent pursuant to the rules of the international juridical rules determined under their law; (2) the litigants in the action upon which the judgment was issued were duly summoned to appear and were represented properly; (3) the judgment or the order has possessed the force of the executed order pursuant to the law of the issuing court; and (4) the judgment or order does not conflict a judgment or order that had been previously issued by a Qatari court, and that it does not contradict the public order and morals therein.
 
Difficulties in paying salaries
Q: We are engaged in construction contracting, mainly by undertaking subcontract from major companies. Currently, we don’t have ongoing projects. So we are facing difficulties in paying the salaries to our employees. In such a case, can we reduce the employees’ salaries as we don’t have projects or works? What is the legal validity of such a policy? Please advise. 
IS, Doha
 
A: The employer must pay the salaries to the employees in accordance with the terms agreed in the employment contract. Moreover, the employee is eligible to get paid if he attends the workplace and he is willing to perform. According to Article 44 of the Labour Law, the employer shall undertake to enable the worker to perform the work and to provide him with all things necessary therefore, and if the worker attends the place of work and is willing to perform the work but could not do so for reasons beyond his control, he shall be considered to have actually done the work and be entitled to all the benefits.
 
Row over repairing crack in the wall
Q: Our lease term has ended and we returned the keys to the landlord. Although we have not caused any damage to the building, the landlord is asking us to repair a crack in the wall which was there at the time when we occupied the premises. The landlord alleges that we are responsible for that. We don’t have any kind of proof to establish that the crack existed before. The lease contract did not mention anything on that crack. In such a case, are we required to do the maintenance? Please advise.
HJ, Doha
 A: According to Article 617 of Civil Law, the lessee shall return the leased property in the same condition as it was when he initially obtained delivery thereof, except for any loss or damage not caused by him. If there is no agreement in writing setting out the particulars of the property drawn up at the time of delivery, the lessee is presumed, subject to proof to the contrary to have received the property in good condition. The costs of restitution of the leased property shall be incurred by the lessee unless the agreement or prevailing custom otherwise provides. It is advisable to try for an amicable settlement with the landlord. If the matter reaches the court, the court may appoint an engineering expert to verify age of the crack, the reasons, etc. and report.

NOC not needed for taking up a new job
Q: I resigned from the company due to some personal issues and company cancelled my residency permit. I want to return to Qatar after settling my issues. So, do I need to obtain a no objection certificate from the company before leaving to get a new visa? Please advise.
JS, Doha

A: As per the new entry-exit law, the person will be able to return to Qatar to take up employment immediately after being granted a new visa in case of cancellation of the residency permit. The new law abolished the earlier two-year ban on expatriates who want to come back to the country on a new visa. An expatriate who has got a new contract to work in Qatar can come back even the next day. Now there is no requirement of a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar.

Please send your questions to [email protected]

LEGAL SYSTEM IN QATAR

According to Article 29, the value of the lawsuit shall be assessed as on the day of filing. The assessment shall be made on the basis of the latest request by litigants which includes what is due, on the day of its prosecution, of indemnities, revenue, expenditures and other valued attachments. It shall also include the rent that has become due after filing the lawsuit until the date of judgment. However, in all cases, the building and plant’s value should be considered, in case its removal is required.
When assessing the value of the lawsuit, the following shall be considered: (1) the value of lawsuits related to movable property shall be assessed according to the value of such property; (2) the value pertaining to a revenue, in case of dispute in respect thereof, shall be assessed on a twenty years’ salary basis, if the salary is perpetual or on a ten years’ salary basis if the salary is for life; (3) claims for the validity, revocation or termination of a contract shall have their value assessed according to the value of the subject matter of the contract. For contracts, as to the exchange of property, the lawsuit shall be assessed according to whichever value of the two contracts is higher; (4) claims for the validity or termination of an ongoing contract shall be assessed on the basis of the total monetary consideration for the entire period of the contract. If the contract has been partially performed, the assessment shall be based on the remaining period. If the lawsuit is related to the extension of the contract, the assessment shall be based on the period from which the dispute on the extension has arisen; (5) claims between a creditor and a debtor in respect of validity or invalidity of movable property or in respect of mortgage or lien or concession shall be assessed according to the value of the secured debt; if the lawsuit is filed by a third party claiming his entitlement to the attached property or encumbered by the aforementioned rights, the value of the lawsuit shall be assessed as the value of these properties; (6) the value of lawsuits for verification of signature and original lawsuits for forgery shall be assessed at the value of the right confirmed in the document for which a judgment is requested to declare that the signature is real or forged.
As per Article 31, the lawsuit shall be filed with the competent court, on the basis of the application of the plaintiff, by means of a statement of claim submitted to the Registry of the court and the defendant shall be summoned accordingly. The statement of claim must contain the following details: (1) The plaintiff’s name, surname, occupation or profession, and place of residence or contact address; (2) The defendant’s name, surname, occupation or profession and place of residence or contact address, if he has no known address, then, his last address; (3) The date of submitting the statement to the Court; (4) The Court before which the case is being brought; (5) The subject matter and facts of the case and the plaintiff’s claims and supporting evidence.
When submitting the original statement of claim to the Registry of the court, the plaintiff shall pay the court fees and submit copies of the statement of claim equal to the number of the defendants with a copy to the Registry of the court. The plaintiff shall enclose with the statement copies of all the documents supporting his lawsuit.


Related Story