The Extent of Enforcement of Emergency Arbitrator Decisions: Qatari Law as a Model

Abstract

The emergency arbitration system is a key rule in international arbitration chambers. It allows parties to obtain temporary protection before forming the arbitration panel. This system offers an ideal solution for emergency measures without resorting to state courts, known for lengthy procedures that do not meet the parties' needs for speed and confidentiality. This research discusses the nature of emergency arbitration, its legal foundations, and its distinction from ordinary arbitration, and the extent of the enforceability of emergency arbitrator decisions according to the New York Convention of 1958 and according to local laws in the State of Qatar against the parties to the dispute or third parties upon their issuance.
The study concluded that the emergency arbitrator's decisions are enforceable under the law and have their authority, and have the authority of res judicata. However, the implementation procedures differ from one country to another. Perhaps the wisdom behind that is to open an implementation file and append the ruling so that the state judiciary can monitor the arbitration ruling and its compatibility with the public law of the country. Unlike the Qatari legislator, it recognizes all judgments without the need to file a lawsuit to recognize the judgment, which is what distinguishes the Qatari Arbitration Law No. (2) of 2017. The study recommends that the Qatari legislator explicitly stipulate the idea of the emergency arbitrator and establish the necessary legislation for him, and enhance training with specialized centers and exchange the necessary expertise.