The Procedural Rules Followed Before the Lease Dispute Settlement Committees and Their Compatibility with the Basic Guarantees and Principles of Litigation in Accordance with Qatari Law

Article Sidebar

Fulltext (English)
Published Dec 20, 2022
DOI https://doi.org/10.15294/lesrev.v6i2.56310

Main Article Content

Basel Al-Nawaiseh
College of Law, Qatar University
https://orcid.org/0000-0002-5965-7002

Abstract

Due to the increase in dealing with lease contracts in the State of Qatar, attention to these contracts and the resulting disputes has been one of the most important priorities of the Qatari lawmaker, especially with regard to the speedy resolution of these disputes, which has a significant impact on achieving justice and stability of transactions within the community. In order to prevent prolonging the litigation period in lease disputes, Law No. (4) of (2008) regarding renting real estate came and established a new phase of litigation procedures in relation to lease disputes through Article (21) thereof, which provided for the establishment of a specialized committee to look into lease disputes called Lease Dispute Settlement Committee. This committee is headed by a judge with the rank of chief from the Court of First Instance chosen by the Supreme Judicial Council. In implementation of this, Cabinet Resolution No (37) of 2008 was issued regarding the rules and procedures to be followed before the lease dispute settlement committees. This study came to clarify these rules and procedures and their role in resolving lease disputes and their reflection on the speed of litigation and their compatibility with the guarantees and basic principles of litigation in accordance with Qatari law.

Article Details

How to Cite
Al-Nawaiseh, B. (2022). The Procedural Rules Followed Before the Lease Dispute Settlement Committees and Their Compatibility with the Basic Guarantees and Principles of Litigation in Accordance with Qatari Law. Lex Scientia Law Review, 6(2), 519-560. https://doi.org/10.15294/lesrev.v6i2.56310
Issue
Vol 6 No 2 (2022): Mainstreaming Justice in a Various Global Context
Section
Articles
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

All writings published in this journal are personal views of the authors and do not represent the view of this journal and the author's affiliated institutions. Authors retain the copyrights under this license, see our copyrights notice.

Author Biography

Basel Al-Nawaiseh, College of Law, Qatar University

Dr. Basel Al-Nawaiseh holds a doctorate in civil law (civil responsibility) from the French University of Rouen and has been working for more than ten years in the Faculty of Law at Mutah University (Jordan). Dr. Nawaiseh held some academic administrative positions at the Faculty of Law, at Mutah University, from Assistant Dean,  Head of Private Law Department, Vice Dean, and  Dean of the College of Law. He is currently a professor in the Private Law Department at the College of Law - Qatar University since of 2021. Dr. Al-Nawaiseh has many books and research in the private law field, and is active in the field of scientific research, as he supervised many postgraduate students including master's and doctoral degrees, and also has conducted viva voce discussions for many master's and doctoral theses. He has also been practicing the legal profession as a lawyer for more than 20 years.

References

Abdullah, A. G. B. The Principle of Equality before the Judiciary and Ensuring the Right to Litigation. (Eygpt: Alexandria Knowledge Foundation, 2001).

Al-Ajami, K. “The Principle of The Right to Litigation: A Comparative Study of The Position of The Judiciary on The Theory of Sovereignty Works and The Idea of Immunization "France-Egypt-Kuwait”", Kuwait International Law School Journal 5 (2017): 81-141.

Al-Faziri, A. Guarantees of Litigation: A Comparative Analytical Study. (Mansha’at Al-Maaref, Alexandria, 1990).

Al-Mansour, A. Explanation of the Provisions of the Jordanian Evidence Law, 1st Edition (Ithra for Publishing and Distribution, Amman, 2018).

Al-Nimr, A. Laws of Pleadings, Book One. (Mansha’at Al-Maaref, Alexandria, 1982).

Al-Qasas, E. M. The Judge’s Commitment to Respect the Principle of Confrontation: A Comparative Analytical Study in the Egyptian and French Pleadings Law. (Dar Al-Nahda Al-Arabiya, Cairo, 1994).

Al-Zoubi, A. A. Al-Wajeez in the Jordanian Civil Procedure Procedures, 4th edition, (Amman, 2019).

Bani Younes. J. “Reflections on the New Tenants Bahrain Law: A Study of the Main Amendments of Law (27) (2014)”, Journal of Law University of Bahrain 16, No. 1 (2018): 215-239.

Cabinet Resolution No. (36) of (2008) to form committees for the settlement of rental disputes.

Cabinet Resolution No. (37) of (2008) regarding the rules and procedures to be followed before the leasing dispute settlement committees.

Cabinet Resolution No. (54) of (2013) to form committees for the settlement of rental disputes.

Decisions of the Qatari Court of Cassation, Al Mezan Publications.

Law No. (4) of (2008) regarding leasing real estate, as amended.

Magazi. A. “Equality and Access to Justice”. Journal of Middle East Research 47 (2018): 284-310.

Nawaiseh. B. “Litigation Guarantees before the Real Estate Common Removal Committee”. Faculty of Sharia and Law Review Tfhna ElAshraf, Al- Azhar University 22, No. 1 (2020): 702-742.

Qatari Civil and Commercial Procedures Law No. (13) of 1990, as amended.

Sadk. H. “Limited Procedural Capacity in Civil Procedure” Legal Journal Cairo University 10, No. 1 (2021): 47-184.

Sawy, A. S. Mediator in Explanation of the Civil and Commercial Procedures Law. (Cairo University Press and University Book, Cairo, 1990).

Tammam, A. A. The Principle of Confrontation in Arbitration Dispute. (Dar Al-Nahda Al-Arabiya, Cairo, 2000).

Wali, F. Arbitration in National and International Commercial Disputes, in Knowledge and in Action, 1, Volume 1. (Mansha’at Al Maaref, Alexandria, 2017).