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Arbitration against state entity in Qatar – Specific limitations or requirements.

🌿 State entities cannot resort to arbitration unless prior approval is obtained from the Prime Minister as required under article 2 of the Arbitration Law.

🌿 The provisions of the Tender Law also apply to construction contracts involving a state entity as the employer.

🌿 Construction contracts with state entities are also subject to the provisions of the Tender Law (Law No. 26 of 2005), which applies to all ministries, other prospective governmental bodies, and all public institutions and authorities, excluding (1) the Armed Forces and the Police, in respect of procurement of materials and contracts deemed to be of a confidential nature, and (2) Qatar Petroleum.

🌿 Article 10 of the Tender Law further adds that state entities may agree, once a dispute has arisen, to resolve it by way of arbitration after obtaining the approval of the Minister of Economics and Finance.

🌿 Article 57 (2) of the Civil Code prohibits any acts of disposal or attachment on public assets, which also cannot be owned by operation of the legal prescription period.

#qatar #arbitration #international #construction

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