This decision followed a comprehensive assessment of the General Secretariat's proposal concerning the Centre, along with the commendation of the Commercial Cooperation Committee at its nineteenth assembly in the Emirate of Abu Dhabi in September 1993.
Additionally, the esteemed Ministers of Justice expressed their support for the Centre's establishment during their fifth meeting that same month, further reinforced by the endorsement of the Financial and Economic Cooperation Committee and the Ministerial Council during their ninth session.
After preparatory deliberations, the regulations governing arbitration procedures were formally sanctioned by the Commercial Cooperation Committee in Riyadh, Kingdom of Saudi Arabia, on November 16, 1994. Further refinements were later incorporated and endorsed during a subsequent session of the Commercial Cooperation Committee in Al Ain, United Arab Emirates, on October 5, 1999.
Resolution of the GCC Supreme Council
Resolution of the GCC Supreme Council at its 14th Session Riyadh, Saudi Arabia 7-9th Rajab, 1414 Hijra corresponding to 20-22nd December 1993 AD
During its fourteenth session in Riyadh, Saudi Arabia, on 9-7 Rajab 1414 AH, corresponding to 20-22 December 1993, the Supreme Council of the Cooperation Council for the Arab States of the Gulf, chaired by the Custodian of the Two Holy Mosques King Fahd bin Abdulaziz Al Saud, King of the Kingdom of Saudi Arabia, and attended by dignitaries including:
- His Highness Sheikh Zayed bin Sultan Al Nahyan
President of the United Arab Emirates - His Highness Shaikh Isa bin Salman Al Khalifa
Emir of the State of Bahrain - His Majesty Sultan Qaboos bin Said
Sultanate of Oman - His Highness Sheikh Khalifa Bin Hamad Al Thani
Emir of the State of Qatar - His Highness Sheikh Jaber Al-Ahmad Al-Jaber Al-Sabah
Emir of the State of Kuwait
Their Majesties and Highnesses assessed the regional, Arab, and international situation. They deliberated on the memoranda and recommendations presented during the fourteenth session of the Supreme Council, as proposed by the Cabinet in its forty-ninth (preparatory) session.
The approval of the State of Bahrain's request, as detailed in its memorandum No. 5/1/10-695 dated 28/11/1993, granting a five-year period for the implementation of the Decree in accordance with Article 24 of the Unified Economic Agreement.
Fourth: Establishment of the GCC Commercial Arbitration Centre
The Supreme Council deliberated on the memorandum from the General Secretariat outlining the draft for establishing the GCC Commercial Arbitration Centre. It took into consideration the recommendation of the Trade Cooperation Committee from its nineteenth meeting in Abu Dhabi in September 1993.
The Council also reviewed the General Secretariat's memorandum on the project of the Commercial Arbitration Centre for the Gulf Cooperation Council countries. The Commercial Cooperation Committee's recommendation from its nineteenth meeting in Abu Dhabi in September 1993 was considered as well. The Council acknowledged the approval of the Ministers of Justice for establishing the Centre during their fifth meeting in September 1993, based on the recommendations of the Financial and Economic Cooperation Committee and the Cabinet at its forty-ninth (preparatory) session on the matter. Consequently, the Supreme Council made the following decision:
"Approval of the establishment of the GCC Commercial Arbitration Centre and the adoption of the Centre's system as per the attached formula (Annex No. 2). The Council of the Federation of Chambers of the Cooperation Council for the Arab States of the Gulf will determine the headquarters of the Centre."
Cabinet Resolution No. (102) dated 20/4/1423 AH
After reviewing correspondence from the Office of the Presidency of the Cabinet (No. 13374/5/R dated 6/10/1417 AH), including the letter from the Minister of Commerce (No. 11/2296 dated 23/9/1417 AH) requesting the issuance of the necessary Decree to implement the Supreme Council's Decree from its fourteenth session in Riyadh (7 to 9 Rajab 1414 AH), which includes the establishment of the GCC Commercial Arbitration Centre;
Having reviewed the system of the GCC Commercial Arbitration Centre;
Having considered the minutes (No. 256) dated 6/6/142 AH and (No. 399) dated 23/9/1422 AH prepared by the Panel of Experts;
Considering the recommendations of the General Committee of the Cabinet (No. 55) dated 25/1/1423 AH and (No. 129) dated 8/3/1423 AH;
Decides
Approval of the implementation of the Supreme Council's Decree from its fourteenth session in Riyadh (7 to 9 Rajab 1414 AH), which includes the establishment of the GCC Commercial Arbitration Centre, in accordance with its attached system. It is specified that the order to implement the judgment based on Article (15) of the Centre's system will not be issued until after verifying that there is nothing that prevents its implementation by Sharia.
Deputy Prime Minister
Decree-Law No. 6 of 2000
I, Hamad bin Isa Al Khalifa, Emir of the State of Bahrain, having considered the Constitution, Amiri Order No. (4) of 1975, and the Statute of the GCC Commercial Arbitration Centre, and upon the submission of the Minister of Commerce, and after the approval of the Cabinet, hereby decree the following law:
Article I:
This law pertains to the system of the GCC Commercial Arbitration Centre, as issued by a Decree of the Supreme Council of the Cooperation Council for the Arab States of the Gulf during its fourteenth session held in Riyadh on 9 Rajab 1414 AH, corresponding to December 22, 1993, and is hereby included with this law.
Article II:
The implementation of this law shall be the responsibility of the respective Ministers, each within their designated capacities. The law shall come into effect from the date of its publication in the Official Gazette.
Hamad bin Isa Al Khalifa
Emir of the State of Bahrain
Released on:
20 Muharram 1421 AH
Corresponding to 25 April 2000 AD
Law No. 14 of 2002 Approval of the Establishment of the GCC Commercial Arbitration Centre and the System of this Centre
Having considered the Constitution, Law No. 44 of 1981 approving the Statute of the Cooperation Council for the Arab States of the Gulf, Law No. 58 of 1982 approving the Unified Economic Agreement between the States of the Cooperation Council for the Arab States of the Gulf, Law No. 44 of 1998 approving the Convention on the Execution of Judgments, Letters Rogatory and Judicial Declarations in the States of the Cooperation Council for the Arab States of the Gulf, the National Assembly has approved the following law, which we have ratified and promulgated:
Article I:
The approval of the establishment of the GCC Commercial Arbitration Centre, along with the system of this Centre and its provisions as outlined in this law, is in implementation of the Decree of the Supreme Council of the Cooperation Council for the Arab States of the Gulf issued at its fourteenth session held in Riyadh from 20 to 22 December 1993.
Article II:
The implementation of this law shall be the responsibility of the respective Ministers, each within their designated capacities. The law shall come into effect from the date of its publication in the Official Gazette.
Emir of Kuwait
Jaber Alahmad Al-Sabah
Issued at Bayan Palace
On 21 Dhu al-Qa'dah 1422
Corresponding to 3 February 2002
Ministerial Decree No. 2000/88 on the GCC Commercial Arbitration Centre
In accordance with the Law of Arbitration in Civil and Commercial Disputes as stipulated by Royal Decree No. 97/47,
Considering the Decree of the Supreme Council of the Cooperation Council for the Arab States of the Gulf issued during its fourteenth session held from 20 to 22 December 1993 in Riyadh, Kingdom of Saudi Arabia, to establish the Commercial Arbitration Centre in the GCC States;
And acknowledging the Regulation of Arbitration Procedures at the Commercial Arbitration Centre, which was referred to and ratified in Riyadh on November 16, 1999.
The Cabinet, in its session No. 10/2000 dated 29 Dhu al-Hijjah 1420 AH, corresponding to 4 April 2000 AD, for the public interest, decrees the following:
Article (1):
It is permissible for parties involved in commercial disputes to agree to resort to the GCC Commercial Arbitration Centre. Such resolution should be in accordance with the provisions of the Centre's system and the aforementioned regulations on arbitration procedures.
Article (2):
This Decree shall be published in the Official Gazette.
Mohammed bin Abd Al-Zahar
Minister of Justice
Issued on:
9 Rabi' al-Akhir 1421 AH
Cabinet Resolution No. (5) of 2001 - Concerning the State's Accession to the GCC Commercial Arbitration Centre
In the name of the Cabinet,
Having reviewed the Constitution,
Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers and the amending laws thereof,
Federal Law No. (11) of 1992 promulgating the Civil Procedure Law,
Federal Decree No. (47) of 1982 approving the Unified Economic Agreement between the GCC States,
And the Decree of the Supreme Council of the Cooperation Council for the Arab States of the Gulf at its fourteenth session in Riyadh during the period from 20-22/12/1993 regarding the establishment of the GCC Commercial Arbitration Centre
And based on the proposal of the Minister of Economy and Trade, and the approval of the Council of Ministers,
It is hereby decided:
Article I:
The accession of the State to the GCC Commercial Arbitration Centre - based in the State of Bahrain - is approved, along with the adoption of its statute, as approved by the Supreme Council of the Cooperation Council for the Arab States of the Gulf at its fourteenth session in Riyadh.
Article II:
This Decree shall be published in the Official Gazette and shall come into force as of the date of its issuance.
Prime Minister,
issued by us in Abu Dhabi
Date: 10 Dhu al-Qa'dah 1421 AH
Corresponding to: 4 February 2001
State of Qatar - Presidency of the Cabinet - General Secretariat
Memo
The General Secretariat of the Cabinet extends its compliments to the Ministry of Finance, Economy, and Trade.
Referring to Memorandum No. F/330/2001/1/5 dated 7/5/2001 concerning the necessary legal measures to implement the GCC Commercial Arbitration Centre in the State of Qatar.
Informing that in its ordinary meeting (29) for the year 2001 held on 19/9/2001, the Cabinet decided:
Approval of the necessary measures to implement the system of the GCC Commercial Arbitration Centre the State of Qatar. The Ministry of Justice is required to provide the General Secretariat of the Cabinet, within two months from the date of notification of this Decree, with a memorandum of its opinion, in coordination with the Presidency of the Courts of Justice, regarding the implementation of judgments issued by the Centre in the State of Qatar.
The Legislation Department at the General Secretariat of the Cabinet and the Standing Committee for Legislative Affairs, each in its respective capacity, shall take the necessary measures to prepare the legislative tools required for the application of the said Law. This is in accordance with Emiri Resolution No. (33) of 2000 on the procedures for preparing legislation, after reviewing the opinion of the Ministry of Justice in this regard.
The General Secretariat takes this opportunity to express its highest respect.
The General Secretariat
Attachments:
- Ministry of Justice with a true copy of the memorandum of the Ministry of Finance, Economy, and Trade and its views.
- Presidency of the Courts of Justice
- Legislation Department at the General Secretariat of the Cabinet
- File 11/6-411
