Minas Khatchadourian

Dr. Khatchadourian holds a Ph.D. (with the distinction très honorable avec les félicitations du jury) in Arbitration from the University of Montpellier I, France. Topic of thesis was «The Judicial and the Arbitral Approach to the International Business Contracts». Prior to this, he obtained a Diploma, DEA (J.D. equivalent) from Montpellier Business Law School, University of Montpellier I, France as well as a Master’s degree in International Business Law (LL.M), Institute of International Business Law (IDAI), Cairo University. At present, he serves as the Chief Legal Counsel of the Qatar International Center for Conciliation and Arbitration (QICCA).Likewise, he participates with the Working Group of Experts for the amendment project of the rules and regulations of the International Centre for Settlement of Investment Disputes (ICSID) which meetings take place at the World Bank headquarters (Washington DC - USA).Dr. Khatchadourian is an experienced arbitrator offering practical, cost-efficient and fair solutions to civil and commercial disputes with nearly 20 YEARS’ EXPERIENCE. He has determined tens of disputes, PARTICULARLY UNDER THE ICC RULES. These range from complex, multi-party cases, to high profile construction disputes. He has extensive experience in both public and private sectors.

 

FIELDS OF PRACTICE

I provide legal services in the resolution of civil and commercial disputes in the following areas and fields of practice;

- Business/ Commercial Agreements

- Construction/ Real Estate

- Engineering/ Infrastructure/ Architecture & Design

- Investment Agreements

- Companies Joint Venture/ Partnership/ M&A

- Franchise & Licensing

- Energy/ Mining/ Oil & Gas/ Natural Resources

- Banking & Financial Instruments (including Islamic Finance)

- Transportation of Goods

- Hotel & Hospitality

- Conflict of laws & private international law

- Injunctive relief/Emergency relief/ Enforcement proceedings

- International Trade & Transport

- Jurisdictional Challenges

- Mobile Telecommunications

- Public international law

EXPERIENCE

Dr. Khatchadourian has accepted over 30 appointments to act as an arbitrator or represent parties in arbitration proceedings where the amounts in dispute have ranged from 1,000,000 US$ million to 92,000,000 million US$. He has extensive experience in providing expert opinions on the GCC-MENA Countries different laws before arbitration tribunals and foreign courts. He is a member of the Chartered Institute of Arbitrators. He is on the panel of arbitrators for numerous arbitral institutions including DIAC, QICCA, SHIAC, AIAC, ADCCAC, HKIAC, ICDR, KCAB, CRCICA and SIAC. He is also a panel member of the Court of Arbitration for Sports CAS at Lausanne, Switzerland.

SELECTED ARTICLES & PUBLICATIONS

I- CONTRACT LAW

1- Exclusive & Cumulative Remedies under Qatari Contract Law.

II- COMPANY LAW

2- Duties & Responsibilities of an LLC Director under the Qatari

Commercial Companies Law.

III- ARBITRATION LAW

3- Overview of the New Qatari Arbitration Law.

4- Arbitration boon to Qatar build.

5- Distinction between the “seat” of arbitration and its possible “venue(s)”.

6- The “extraterritorial effect” of the Qatari Arbitration Act.

7- What role shall play the QFC Court under the new Qatari Arbitration Law?

8- Contractual and Statutory time bars under the 2017 Qatari

Arbitration Law.

9- The Ten Recommendations of the Third International Arbitration Conference (“Arbitration between Qatari Law and International Conventions”).

10- Public Policy Exception in Qatar.

IV- CONSTRUCTION LAW

11- Decennial Liability Regime for Contractors & Engineers in

Construction.

12- Construction Disputes: Can the arbitrator issue an interim order preventing a party from calling a performance guarantee?

13- Negative variations or descoping under Qatari Law.

14- Back-to-Back Construction Contracts under Qatari Law.

V- FOREIGN LAW

15- Overview on Tunisian legal aspects in respect of ICSID Arbitration

Cases.

16- A Summary Review of the New Omani Mineral Wealth Law.

17- Liquidated Damages vs. Penalty Clauses in Qatar and in the UAE.

VI- SPORT LAW

18- The Arab Countries in the CAS Jurisprudence: a retrospective.

19- Sport Rules vs. Game Rules.

VII- COMPARATIVE ARBITRATION LAW

20- Analysis of the recent reforms and amendments in the procedural rules of the Arbitration Centers.

21- Fortifying the Arbitration Clause.

22- Would the setting aside of an arbitral award deprive the arbitrator from his fees?

23- The importance of interim measures of protection in arbitration.

VIII- APPLICATIONS OF INTERNATIONAL CONVENTIONS: NEW YORK -

WASHINGTON - SINGAPORE

24- A Halftone Application of the New York Convention by the Qatari

Supreme Court.

25- Do we still need to claim the application of the New York Convention before the Qatari judge of enforcement?

26- The New York Convention in the hands of the National Courts.

27- International Arbitration: Comparing the Enforcement Regimes under the New York and Washington Conventions.

28- The Singapore Convention: Giving Teeth to International Mediation Settlements.

29- The Enforcement of Foreign Arbitral Awards under the New York

Convention.

30- Where does the New York Convention meet the National Law for enforcement?