OUT-LAW ANALYSIS 5 min. read
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08 Jun 2026, 9:50 am
The recent introduction of dedicated conciliation rules by Qatar International Centre for Conciliation and Arbitration represent the most significant reform of QICCA's framework since the Centre was established in 2006.
The rules, which came into effect inFebruary this year, provide separate approaches for conciliation from arbitration for the first time, and introducing changes that align the process with the Singapore Convention on Mediation.
The most structurally significant change is that QICCA's conciliation rules are now a standalone instrument.
The previous rules - entitled Rules of Conciliation and Arbitration - combined both processes in a single document, whereas the 2026 Rules give conciliation its own identity and procedural framework, reflecting the growing recognition of conciliation and mediation as distinct disciplines rather than mere precursors to arbitration.
Article 2 of the new rules also breaks new ground by extending the conciliation framework to cover expert determination disputes - with necessary modifications - until dedicated expert determination rules come into force. Under these parties may now agree, in consultation with the Centre and the conciliator, to exclude or vary any provision of the rules at any time - subject to mandatory provisions of applicable law which prevail in all cases. This flexibility was absent from the old rules.
The process for commencing conciliation has also been substantially reworked. Requests may now be submitted by hand, email, or any other electronic system acceptable to the QICCA, representing a formal recognition of electronic filing that the old rules lacked.
More significantly, conciliation is only deemed to have commenced when two conditions are met – firstly that the parties agree to engage in conciliation, and secondly that the Centre confirms receipt of the full conciliation costs, providing increased certainty as to when the clock starts running.
A new 30 day deadline for acceptance by the responding party has also been introduced. This means that if no acceptance is received within that period, the Centre or the requesting party may treat the invitation as declined.
The rules also introduce tight timelines and formal quality criteria for conciliator appointments, with parties having just three days from commencement to agree on a conciliator. If they fail to do so, QICCA will appoint a sole conciliator instead.
The Centre must have regard to the professional expertise and qualifications of the prospective conciliator, relevant accreditation or certification from a recognised professional conciliation standards body, and the conciliator's availability. These criteria, which were entirely absent from the old rules, aim to raise the professional bar and give greater confidence in the calibre of the neutral.
The impartiality and independence framework has also been strengthened. A prospective conciliator must disclose any circumstances likely to give rise to justifiable doubts - including details of any personal, professional, financial or other interest that may influence the outcome.
Any doubt as to whether something should be disclosed is to be resolved in favour of disclosure, with a written declaration of impartiality required within three days of notification of appointment. The time taken for appointment or replacement procedures does not count towards the conciliation period under Article 12.
One of the most consequential changes concerns the treatment of information shared with the conciliator.
Under the old rules, when the conciliator received factual information from a party, the substance of that information had to be disclosed to the other party so that it could respond. Confidentiality was the exception, available only where a party expressly imposed a specific condition of confidence.
The 2026 rules reverse this entirely. Instead, all information received by the conciliator from a party is confidential unless that party indicates it is not subject to confidentiality or expressly consents to disclosure. This shift from a presumption of disclosure to a presumption of confidentiality should encourage more candid communication, particularly in sensitive commercial disputes where parties may otherwise be reluctant to reveal their true position.
Among the other rules is a dramatic reduction in the default conciliation period to just 30 days from receipt of the file from the Centre, unless the parties agree otherwise. This reflects QICCA's commitment to speed and efficiency and signals an expectation that parties should come to the table prepared to engage substantively from the outset. Virtual hearings will also formally be permitted.
Under the old rules, signing the settlement agreement was stated to "put an end to the dispute" and make it "binding and enforceable." The 2026 Rules reframe the legal effect: by signing, the parties agree that the settlement agreement can be used as evidence that it results from conciliation, and that it can be relied upon for seeking relief under the applicable law.
A new Article 20 empowers the Centre, upon request, to issue certificates evidencing that a settlement agreement resulted from conciliation. Both changes are consistent with the enforcement framework under the United Nations Convention on International Settlement Agreements Resulting from Mediation – otherwise known as the Singapore Convention - to which Qatar is a signatory.
For parties seeking cross-border enforcement of mediated settlements, this alignment makes QICCA conciliation a materially more attractive forum.
Admissibility restrictions have been significantly expanded, extending the old rule requirements which prohibited relying on conciliation-related materials in subsequent proceedings from just the parties to include the conciliator and any third person, closing a gap that could previously have been exploited.
In addition, a new express prohibition prevents parties from presenting the conciliator, Centre representatives or employees, or other participants as witnesses in any arbitral or judicial proceedings concerning the dispute. These protections reinforce the integrity of the conciliation process and should give parties greater confidence that what is said in conciliation stays in conciliation.
Meanwhile a new a structured multi-tier mechanism means if a dispute is not settled within 60 days of commencing conciliation, any remaining matters shall be referred to arbitration unless the parties agree otherwise. A corresponding model clause is provided for incorporation into contracts.
The conciliator is expressly prohibited from acting as arbitrator, giving opinions or testimony, or acting as representative or counsel in any related arbitral, judicial or other proceedings — a broader restriction than the old rules, which simply prevented the conciliator from acting as arbitrator.
The old rules determined conciliation costs by cross-referencing the arbitration fee tables - registration was QR1,000 per party, administrative fees were one-quarter of the arbitration administrative fees, and conciliator fees were one-third of arbitrator fees.
The 2026 Rules replace this with a dedicated standalone fee table – meaning disputes up to QAR 500,000 now have a registration fee of QAR 2,000, with administrative expenses at 1% of the dispute amount (minimum QAR 2,000), and the conciliator's fee is QAR 15,000.
At the upper end, for disputes above QAR100,000,000, registration is QAR 15,000, administrative expenses are 0.5%, and the conciliator's fee ranges from QAR 200,000 to QAR 400,000, although QICCA retains discretion to depart from this structure in certain cases. Parties failing to pay costs within a set timeframe face suspension or termination of the conciliation.
Contracts containing QICCA conciliation clauses should be reviewed and updated where necessary to reflect the 2026 Rules, particularly in consideration of the multi-tier clause which now provides a structured pathway from conciliation to arbitration.
The shift to a default of confidentiality in Article 11 significantly strengthens the process for sensitive commercial disputes and may influence parties' willingness to engage candidly.
The 30-day default conciliation period is ambitious. Parties and their advisers should be prepared to engage substantively from the outset, with key decision-makers available and settlement authority in place. The tight three-day window for conciliator appointment reinforces this expectation of pace.
For cross-border disputes, the Singapore Convention alignment in Articles 15 and 20 is particularly significant. The ability to obtain a certificate from the Centre evidencing that a settlement resulted from conciliation provides a practical tool for enforcement in Convention states, making QICCA conciliation a more viable option for international commercial parties.
Finally, the introduction of formal accreditation and certification criteria for conciliators raises professional standards and should give parties - particularly those unfamiliar with the Centre - greater confidence in the quality of the process.
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OUT-LAW ANALYSIS
31 Mar 2026
