The growing co-operation between courts and arbitration institutions has reshaped the dispute resolution landscape, with the judiciary increasingly supporting the arbitration process beyond its traditional supervisory function, His Excellency Dr Masoud bin Mohammed al-Amri, former president of Qatar’s Supreme Judicial Council and former Minister of Justice, has said.
He was speaking at the first session of the 6th World Conference on International Arbitration, organised by the Qatar International Centre for Conciliation and Arbitration (QICCA) at Qatar Chamber, Fairmont Doha, Tuesday. The conference coincided with the centre’s 20th anniversary.
Held under the theme “ADR in a Changing World: From Judicial Oversight to AI”, the conference featured a session titled “Integration between the Judiciary and Arbitration: From Judicial Oversight to Supporting the Arbitral Process”.
Dr al-Amri explained that although arbitration is an independent process based on agreements between parties, it still relies on the judiciary for legal and procedural support. This includes taking urgent protective measures, assisting with certain procedures, and recognising and enforcing arbitration awards.
He stressed that effective judicial support depends not only on making the right decisions but also on how quickly those decisions are made. Delays in issuing urgent measures, he noted, could make them ineffective even when they are legally justified.
Dr al-Amri also highlighted developments in Qatar’s digital judicial system, including the Qatar International Court, the Supreme Judicial Council’s expansion of electronic services, and the establishment of the Investment and Trade Court.
He said the shift towards digital services, which accelerated during the Covid-19 pandemic, had made it easier to submit documents, exchange legal papers and attend hearings remotely. These improvements, he added, raise questions about whether arbitration will continue to offer the same advantages in terms of speed and cost as judicial proceedings become more efficient.
He also addressed the challenges posed by artificial intelligence, particularly in verifying digital evidence and assessing the reliability of information generated by new technologies. He stressed that technology should support legal work rather than replace human judgement and responsibility.
Dr al-Amri called for greater specialisation among judges dealing with arbitration matters, joint training programmes for judges, arbitrators and lawyers, and closer monitoring of the time taken to provide judicial assistance and enforce arbitration awards.
Meanwhile, Judge Dr Mubarak bin Nasser al-Hajri, Vice-President of Qatar’s Court of Cassation and a QICCA arbitrator, presented judicial figures covering approximately 200 arbitration-related cases, including 57 applications to set aside arbitration awards. Of these, four resulted in awards being set aside.
Dr al-Hajri explained that Qatar’s Arbitration Law No 2 of 2017 limits judicial intervention in arbitration proceedings, while allowing the judiciary to ensure that basic legal requirements and public policy are respected.
He said Qatar’s judiciary does not reopen disputes or reassess evidence when considering applications to set aside arbitration awards. Instead, judges examine whether the legal grounds for challenging an award have been met.
He added that the judiciary also plays an important role in recognising and enforcing arbitration awards, with the power to intervene in specific circumstances set out under the law, including cases involving public policy or disputes that cannot legally be resolved through arbitration.
Sheikh Dr Thani bin Ali al-Thani, Vice-Chairman of QICCA’s Board of Directors, said QICCA had signed an agreement with Lusail University for an academic master’s programme in arbitration.
He said the programme took three years to develop and had received approval from the Ministry of Education and Higher Education.
Sheikh Dr Thani also highlighted QICCA’s role in resolving several disputes connected to major FIFA World Cup projects through mediation, noting that reaching agreements outside formal proceedings can help businesses maintain their commercial relationships.
He explained that in some cases, parties begin discussing a settlement shortly after submitting an arbitration request, underscoring the importance of mediation alongside formal arbitration proceedings.
He also referred to QICCA’s updated arbitration rules, which came into effect in January 2025 and introduced procedures including emergency arbitration and expedited arbitration to help resolve disputes more efficiently.
Sheikh Dr Thani discussed the Qatari judiciary’s role in resolving disagreements over arbitrators’ fees, particularly in cases conducted outside arbitration institutions. He said judges had, in some instances, referred to QICCA’s rules when assessing fees and related costs.
He also cited a ruling by the Paris Court of Appeal on the centre’s decisions on appointing and replacing arbitrators, describing it as an important development for QICCA’s international standing.
Speaking about international developments, Judge Nabil Omran, head of the Commissioners’ Office at the Dubai Court of Cassation and Vice-President of the Egyptian Court of Cassation, said arbitration had become an important part of the global economy, particularly in international business and investment.
He stressed that effective arbitration institutions, supported by a judiciary with the necessary legal expertise, can help create a more reliable environment for resolving commercial disputes.
Omran said arbitration systems across the Gulf were continuing to develop in response to changes in international business, technology and investment.
He warned that the growing use of digital arbitration brings new risks, particularly in cybersecurity, handling electronic evidence, and protecting sensitive commercial and financial information.
He referred to a case heard by the Dubai Court of Cassation involving the validity of an arbitration agreement signed electronically, noting that such cases require judges to understand the technologies used in arbitration proceedings.
Omran also raised concerns about using artificial intelligence to prepare legal documents, including the risk of generating inaccurate legal references or citing judicial decisions that do not exist.
He said AI could assist legal professionals but should not replace independent legal judgement or the responsibility of judges and arbitrators to verify the information before them.
He further highlighted challenges arising from international economic sanctions and third-party funding of arbitration cases, particularly when determining financial responsibilities and enforcing awards across different jurisdictions.
Omran said judges, arbitrators, and legal professionals need to keep pace with technological and legal developments.
