Construction contracts at forefront of mega projects: Sheikh Thani
MEMBER and representative of Qatar at the ICC Court of Arbitration HE Sheikh Dr Thani bin Ali Al Thani said that construction contracts are at the centre of the mega projects being implemented in the state.
He said commercial arbitration is an effective way to resolve the disputes after the failure of mechanisms such as negotiation, mediation, and others.
Speaking at a webinar organized by Qatar International Centre for Conciliation and Arbitration (QICCA) in cooperation with ICC Qatar and Chartered Institute of Arbitrators (CIArb) on Wednesday, Sheikh Thani said that the coronavirus pandemic has negatively affected world economies, as well as projects related to construction, urban development, and real estate development.
He indicated that these projects faced many problems including shortages in raw materials and building materials, problems related to energy and employment.
The webinar was held under the theme “Arbitration Construction Disputes during COVID-19 and Beyond” to highlight many topics pertaining to arbitration in construction disputes during the pandemic and beyond.
It also discussed the management of infrastructure project during crisis period and amendments of the arbitration rules to overcome the challenges of the pandemic.
Arbitrator Eng. Abdulla Hassa Al Mehshadi said the COVID-19 pandemic has impacted the economies, especially the construction sector, necessitating the review of the most important challenges facing the construction industry in the region and in the world following the spread of the pandemic.
Al Mehshadi noted that the construction sector was affected by many factors, including the lack of employment, the disruption in supply chains, the unavailability and high prices of raw materials, as well as challenges related to cash flows and the laws regarding closure procedures and travel restrictions.
FOR his part, General Counsel at QICCA Dr Minas Khatchdourian said that arbitration centres have issued many directives to ensure the continuity of arbitration cases despite the conditions imposed by the pandemic.
He reviewed the technical and legal challenges that face holding the arbitration sessions remotely, noting that in this regard QICCA has adopted the latest electronic means in arbitration procedures.
Eng Ahmed Al Ansari said that commercial arbitration has proven great flexibility in its rules to adapt to the current circumstances, adding that arbitration centres and institutions were able to hold sessions remotely using modern technologies in the arbitration process through holding virtual sessions, hearing witnesses and exchanging files and documents.
James Bridgemen, pastpresident of the Chartered Institute of Arbitrators, Chartered Arbitrator and Accredited Mediator, delved into the effects of the pandemic on the construction sector within a year and a half, as well as the role of arbitration in dispute settlement and the role of arbitration centres in dealing with the arbitration in the postpandemic period.
Pamela McDonald, partner at Pinsent Masons Law Firm, said construction disputes entail some features than other commercial disputes, as they entail specialised technical issues, and their parties are often international companies and partners, as well as a huge volume of documents.