SCHEDULE 6 – The Civil and Commercial Court
The Civil and Commercial Court shall consist of a chairman and a sufficient number of members.
2. The chairman and members of
The Civil and Commercial Court shall be of good character and not less than thirty years of age at the time of their appointment and shall have legal knowledge and experience.
3. The chairman and the members of
The Civil and Commercial Court shall not be a member of The Board, The board of directors of The Regulatory Authority, The board of a QFC institution, or an employee of any of these bodies and if the chairman or any member of The Civil and Commercial Court become such a member or so employed shall automatically thereupon cease to be a chairman or a member of The Civil and Commercial Court.
4. The chairman and members shall be appointed for a five-years renewable term. A decision of The Council of Ministers, upon the proposal of
The Minister, shall determine the terms and conditions of their appointment and remuneration.
5. The chairman and members of
The Civil and Commercial Court shall enjoy the due independence and impartiality in performing their duties and neither The State, The Council of Ministers, The Chairman, The QFC Authority, The Regulatory Authority nor any other person of body may intervene in the course of their decisions.
6. The chairman and any member of
The Civil and Commercial Court may be removed by a decision of The Council of Ministers if:
a. He becomes incapable through ill-health of effectively performing the duties of his office.
b. He is declared bankrupt.
c. He is convicted of a criminal offence or The Council of Ministers is satisfied that he has been guilty of a serious misconduct which, in either case, The Council of Ministers considers to be of a nature which warrants his removal from office.
The Chairman and the members shall not have economic or financial interest of any kind with parties to a dispute.
8. Without prejudice to Clause (1) of Article (18) of the
QFC Law, The Civil and Commercial Court, with its First and Appellate Circuits, shall apply The QFC Law and regulations issued by virtue of that Law, on the subject matter of the dispute, unless the parties have explicitly agreed to apply another law provided that such law is not inconsistent with the Public Order of The State.
9. Without prejudice to the previous clause, the Appellate Circuit of
The Civil and Commercial Court shall apply the provisions of The QFC Law and regulations issued by virtue of that Law to appeals filed by individuals and corporate bodies against decisions of The Regulatory Tribunal.
10. Without prejudice to rights of the litigants in relation to defense, The Adversarial principle and equal protection, the first instance Circuit shall issue a decision within (90) days from the date the respondent received official notice of the claim, unless the nature of the claim requires one or several extensions.
11. The decision of the First Instance Circuit is enforceable unless the Appellate Circuit decides otherwise, on a motion from the appellant party and for reasons the Appellate Circuit considers reasonable.
12. The Appellate Circuit of
The Civil and Commercial Court shall consist of the chairman of the Court and two members. Appeals against decisions made by The Regulatory Tribunal and the First Instance Circuit of The Civil and Commercial Court may be filed before the Appellate Circuit within sixty days from the date on which such decisions were issued.
13. Without prejudice to rights of the litigants in relation to defense, the Adversarial principle and equal protection, the Appellate Circuit shall issue a decisions within (90) days from the date the respondent receives official notice of the appeal, unless the nature of the claim requires one or several extensions.
14. The decisions of the Appellate Circuit are final and may not in anyway be appealed further.
15. Once The chairman and The members are appointed,
The Civil and Commercial Court shall lay down its operational rulebook and proceedings in accordance with the provisions of this Law, the fundamental litigation principles and international best practices. Such rulebook and proceedings shall not be in effect until approved by The Council of Ministers.
16. The provisions of the Civil and Commercial Procedures Law as issued by law no (13) of the year 1990 and amendments thereof, shall apply to the claims submitted before
The Civil and Commercial Court, where The QFC Law and the rulebook and proceedings put in force by The Court by virtue of the previous clause, are silent on the concerned matter.
17. The chairman of
The Civil and Commercial Court shall appoint one of the judges of the Court as an enforcement judge, to issue execution orders within the boundaries of The QFC.
18. The chairman of
The Civil and Commercial Court shall manage its administrative and financial affairs and shall issue the necessary decisions to that effect.
|Amended by Law No. (2) of 2009 (as from 24th May 2009).|