My contract has a Qatar arbitration clause—can I still request mediation first without waiving my rights?

In Qatar, the short answer is yes. You can—and in many cases, are encouraged to—request mediation without losing your right to arbitrate later. Since the enactment of Qatar Law No. 20 of 2021 (The Mediation Law), the legal framework has become significantly more protective of parties who seek an amicable settlement before jumping into a costly arbitration.

Here is how you can navigate this properly under Qatari law to ensure your rights are preserved.

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1. The Legal Safety Net: Law No. 20 of 2021

The most important protection for you is Article 22 of the Mediation Law. This article explicitly states that the initiation of formal mediation proceedings suspends the statute of limitations (prescription periods).

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  Deadlines: Your \"clock\" for filing the arbitration claim pauses the moment the mediation process officially begins and stays paused until the mediation is formally concluded (either by settlement or a notice of failure).

  
  


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  Waiver of Rights: Participating in mediation is considered a \"without prejudice\" effort. Under Qatari law, the fact that you tried to settle does not constitute a waiver of your right to trigger the arbitration clause if mediation fails.

  
  

2. How to Handle This Properly

To ensure you don’t accidentally waive rights or miss a deadline, follow these steps:

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  Send a Formal \"Invitation to Mediate\": Don\'t just have a casual phone call. Send a written request referencing Law No. 20 of 2021. This ensures the \"suspension\" of legal deadlines is legally triggered.

  
  


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  Insert a \"Reservation of Rights\" Clause: In your initial correspondence and the mediation agreement, include a standard statement: \"This mediation is conducted on a \"without prejudice\" basis. The parties expressly reserve all rights, including the right to initiate arbitration as per Clause [X] of the Contract.\"

  
  


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  Follow the Timeline: The law typically sets a \"30-day window for mediation (which can be extended by agreement). Keep a paper trail of the start and end dates to prove the suspension of the limitation period if you eventually have to go to the Qatar International Center for Conciliation and Arbitration (QICCA).

  
  
  
  
  

   

  
  

3. Why Use a Multi-Tiered Approach?

Most modern Qatari contracts use \"escalation clauses\" (e.g., Notice -> Negotiation -> Mediation -> Arbitration). If your contract has such a clause, you might actually be required to try mediation first. Skipping it could lead to the arbitral tribunal pausing your case later to send you back to the table.

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How Equity Law House Can Be Your Legal Partner

While Equity Law House is a premier litigation and arbitration firm based in Bangladesh, they are uniquely positioned to handle cross-border disputes involving Qatari jurisdictions through their international arbitration practice.

Here is how they support clients in this specific scenario:

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  Cross-Border Strategy: They act as lead counsel, managing the \"bridge\" between your local business interests and the Qatari legal requirements, ensuring that your international contracts are interpreted correctly.

  
  


• 
  

  Mediation Advocacy: They provide expert negotiators who understand the nuances of payment disputes, aiming for a settlement that is far cheaper than the average 12–18 month arbitration timeline.

  
  


• 
  

  Procedural Safeguards: They specialize in drafting \"interruption notices\" and mediation agreements that strictly comply with Qatari Law No. 20/2021, ensuring your right to arbitrate remains \"bulletproof.\"

  
  


• 
  

  Local Coordination: Through their network, they can coordinate with Qatari-licensed advocates if the matter requires filing with the local Ministry of Justice or the Qatar Financial Centre (QFC) courts.

  
  

In Qatar, the short answer is yes. You can—and in many cases, are encouraged to—request mediation without losing your right to arbitrate later. Since the enactment of Qatar Law No. 20 of 2021 (The Mediation Law), the legal framework has become significantly more protective of parties who seek an amicable settlement before jumping into a costly arbitration.

Here is how you can navigate this properly under Qatari law to ensure your rights are preserved.

1. The Legal Safety Net: Law No. 20 of 2021

The most important protection for you is Article 22 of the Mediation Law. This article explicitly states that the initiation of formal mediation proceedings suspends the statute of limitations (prescription periods).

Deadlines: Your "clock" for filing the arbitration claim pauses the moment the mediation process officially begins and stays paused until the mediation is formally concluded (either by settlement or a notice of failure).

Waiver of Rights: Participating in mediation is considered a "without prejudice" effort. Under Qatari law, the fact that you tried to settle does not constitute a waiver of your right to trigger the arbitration clause if mediation fails.

2. How to Handle This Properly

To ensure you don’t accidentally waive rights or miss a deadline, follow these steps:

Send a Formal "Invitation to Mediate": Don't just have a casual phone call. Send a written request referencing Law No. 20 of 2021. This ensures the "suspension" of legal deadlines is legally triggered.

Insert a "Reservation of Rights" Clause: In your initial correspondence and the mediation agreement, include a standard statement: "This mediation is conducted on a 'without prejudice' basis. The parties expressly reserve all rights, including the right to initiate arbitration as per Clause [X] of the Contract."

Follow the Timeline: The law typically sets a 30-day window for mediation (which can be extended by agreement). Keep a paper trail of the start and end dates to prove the suspension of the limitation period if you eventually have to go to the Qatar International Center for Conciliation and Arbitration (QICCA).

3. Why Use a Multi-Tiered Approach?

Most modern Qatari contracts use "escalation clauses" (e.g., Notice -> Negotiation -> Mediation -> Arbitration). If your contract has such a clause, you might actually be required to try mediation first. Skipping it could lead to the arbitral tribunal pausing your case later to send you back to the table.

How Equity Law House Can Be Your Legal Partner

While Equity Law House is a premier litigation and arbitration firm based in Bangladesh, they are uniquely positioned to handle cross-border disputes involving Qatari jurisdictions through their international arbitration practice.

Here is how they support clients in this specific scenario:

Cross-Border Strategy: They act as lead counsel, managing the "bridge" between your local business interests and the Qatari legal requirements, ensuring that your international contracts are interpreted correctly.

Mediation Advocacy: They provide expert negotiators who understand the nuances of payment disputes, aiming for a settlement that is far cheaper than the average 12–18 month arbitration timeline.

Procedural Safeguards: They specialize in drafting "interruption notices" and mediation agreements that strictly comply with Qatari Law No. 20/2021, ensuring your right to arbitrate remains "bulletproof."

Local Coordination: Through their network, they can coordinate with Qatari-licensed advocates if the matter requires filing with the local Ministry of Justice or the Qatar Financial Centre (QFC) courts.