Pamela McDonald

1 month ago | pinsentmasons.com | Pamela McDonald |Aleesha Way |Alexis Coleman |Andrew Batty

The increased usage of arbitration in Qatar has been reflected in the latest statistics released by the Qatar International Centre for Conciliation and Arbitration (QICCA). The value of cases received by the centre in 2023 amounted to approximately QR 3 billion (£638.5 million), and most cases registered by the centre, around 60%, related to construction and contracting contracts.

Jan 7, 2025 | pinsentmasons.com | Pamela McDonald |Sylvia Tonova

Pamela McDonald and Sylvia Tonova, international arbitration specialists at Pinsent Masons, commented after the publication of the first edition of the GAR 100 “data report”. This report produced by Global Arbitration Review provides analysis of more than 11,000 international arbitration cases that went to hearings between 2014 and 2023 inclusive.

Oct 3, 2024 | pinsentmasons.com | Pamela McDonald |Alasdair Weir

Afforded by article 267 of the Qatar Civil Code (Law No. 22 of 2004), this potentially exposes companies working on construction projects where these clauses are commonly agreed as a limitation on liability for time-related losses. Establishing serious fault, as opposed to a simple contractual fault, requires a high benchmark to be met, as it results in the party’s contractual agreement being usurped.

Sep 26, 2024 | pinsentmasons.com | Pamela McDonald |Richard Ashmore |Aleesha Way |Alexis Coleman

The court held that pay-when-paid clauses cannot be relied on indefinitely by main contractors to withhold payment to subcontractors, even where the main contractors themselves have not been paid for works. The judgment provides some clarification on an uncertain area of law in Qatar, but it will add to the financial pressures on main contractors. Those businesses may want to consider mediation as a route to recover payments owed them by Qatari government entities in light of the ruling.

Sep 12, 2024 | pinsentmasons.com | Pamela McDonald |Aleesha Way |Alexis Coleman |Andrew Batty

Maintaining contemporaneous records and obtaining written approval for arbitration agreements are just two of the actions engineering, procurement and construction (EPC) contractors can take to address risks that can arise in the context of innovative energy and clean tech project work in Qatar. Taking such action will help EPC contractors maximise the opportunities arising from the Qatari state’s investment in renewables generation and carbon capture and storage.