Dr. Yousef Mohammed Shandi
Associate Professor of Civil Law
College of Law, Qatar University
Doha, Qatar

Abstract:

This research deals with arbitration in Equity (whether ex aequo et bono or amiable composituer) in the Qatari Arbitration Law No. 2/2017 and the UNCITRAL Model Arbitration Law of 1985 (as amended on 7 July 2006). The legal texts contained in both laws have been studied and analyzed in light of jurisprudential opinions and judicial decisions on the subject in other countries, particularly in France. The Model Arbitration Law has its clear influence on the Qatari Arbitration Law in regulating the arbitration in Equity, whether in terms of the formula, concepts used or the provisions contained therein. In other words, Qatari law is largely consistent with the recent trends established by the Model Arbitration Law on the question of arbitration in equity, thus facilitating the process of recognition and enforcement of arbitration awards issued in Qatar abroad. However, both laws at issue include some gaps and shortcomings, mainly related to the concept of arbitration in equity, the scope of application of this type of arbitration, and the limits of the authority and controls of the arbitrator authorized to settle the dispute in equity.
The study concludes that the arbitrator in equity, although he enjoys more freedom than the arbitrator in law, such authority is not absolute; rather, it is restricted by some controls related to respect for the task of arbitration, public order, the provisions of the contract, and the reasoning of the arbitration award.

Keywords: Qatar arbitration law, UNCITRAL model arbitration law, arbitration, arbitration in equity, ex aequo et bono, amiable composituer.

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