Abuse of time bar clause in construction Arbitration and judicial purview in Qatar.

The defaulting party can argue that an exercise of the right by the counterparty, requiring the defaulting party to have adhered to the strict requirements of the time-bound notices, constitutes an abuse of right under Article 63 of the Qatari Civil Code.

 
Article 63 of the Civil Code provides:
 
The exercise of a right will be unlawful in the following cases:
 
👉 If the benefit it is sought to attain is unlawful.
👉 If the only intention is to harm another.
👉If the benefit it is sought to attain is totally inappropriate for the damage it inflicts on another.
👉If by its nature it inflicts excessive, unaccustomed damage on another.”
 
Out of the various elements of Article 63, it is sufficient for a party to prove any of them to succeed in its argument that insistence on contractual notices is an abuse of right.
 
By way of example, a party can argue that the benefit that the other party thereby seeks to attain.

The harm/damage that the defaulting party would suffer, is the limiting factor of the defaulting party’s right to counter the abuse of the time bar clause.

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