Originally from Attachment of Assets

Attachment of Assets

1. What is the general nature and effect of judicial measures available for plaintiffs to obtain provisional relief affecting property of debtors to obtain security for judgments to be obtained (“attachments”)? Freezing property in place? Placing it in the custody of a third party, such as a court official, sheriff or marshall?

Under the Qatari law, plaintiffs are entitled to claim provisional attachment of assets of debtors (except real estate assets) as a security until the court issues its decision in the main claim. The attachment claim may be by way of filing a request before the enforcement judge, or by submitting the request to the judge deciding on the merits. The judge has the discretionary power to decide whether to accept or refuse the plaintiff’s claim based on the conditions set out in the law. Attachment may be placed on the defendant’s assets in possession of third parties; in this case the possessor will be the custodian. Furthermore, the court or the court clerk, as the case may be, may appoint a judicial custodian (to be appointed by the court) or the court may appoint a custodian agreed upon by the parties. Moreover, the attachment request may also be claimed before the court of appeal.

2. What is the form of the attachment? Injunction? Other kind of judicial order? Specify.

The attachment of assets takes the form of a judicial injunction that may be enforced upon issuance thereof. If the judge refuses to issue the attachment injunction, the applicant can appeal the decision within 7 days from the date of its issuance. However, if the attachment injunction is granted, the other party can appeal it within 7 days from the date of its service upon him.