(The author thanks Justice Dr Georges Affaki for his insightful review, his time and his encouragement, and Ms Danah Mohamed for essential materials. Any errors are the author’s alone.) This article addresses the legal question of whether a party may waive the jurisdiction of the Qatar Financial Centre (QFC) Civil and Commercial Court, commonly known as the Qatar International Court (QIC), through its conduct, in light of the 2024 HKA Global ruling. The Qatari legislator has delineated the jurisdiction of the QIC, while allowing parties to opt out under specified conditions. The HKA Global case concerned parallel proceedings before the QIC and the ordinary Qatari courts involving a QFC-registered entity. Although the QIC was in principle the competent forum, the Qatar Court of Cassation upheld the jurisdiction of the ordinary courts, holding that the claimant’s initiation of proceedings before those courts constituted a tacit waiver. The QIC subsequently declined jurisdiction, invoking the principle of res judicata. This decision affirms that waiver of QIC jurisdiction may occur by conduct and underscores the need for enhanced judicial coordination between the QIC and Qatar’s ordinary courts to ensure legal certainty and procedural coherence within Qatar’s dual judicial system.
Journal of International Arbitration