International arbitration law and rules in Oman

The introduction of the Arbitration Law in 1997 paved the way for Oman to enter the international arbitration community by offering a flexible regime. The Arbitration Law in many respects adheres to international norms, although certain regional nuances apply in that the proceedings are to be conducted in Arabic, unless otherwise agreed.

1. HISTORICAL BACKGROUND AND OVERVIEW

1.1 Arbitration is relatively common as a mode of dispute resolution in Oman, where a comprehensive arbitration law was enacted in 1997 by Sultani Decree 47/1997 on the Promulgation of the Law of Arbitration in Civil and Commercial Disputes (the Arbitration Law), as amended by Oman Sultani Decree 03/2007. 

1.2 The Arbitration Law is largely based on the UNCITRAL model law and sets down a comprehensive structure under which Omani arbitrations are to be conducted. The Arbitration Law in many respects adheres to international norms, although certain regional nuances apply in that the proceedings are to be conducted in Arabic, unless otherwise agreed. 1 The Arbitration Law, art 29  Accordingly, the Arbitration Law offers a high degree of comfort to those who wish to resolve their disputes in Oman by arbitration, rather than the traditional route of using the Omani Courts. 

1.3 Oman’s commitment to the promotion of arbitration was enhanced further in 2018, when Sultani Decree No. 26/2018 came into force, establishing the Oman Commercial Arbitration Centre (OCAC), which will operate under the broad auspices of, and report to, the Oman Chamber of Commerce and Industry. The OCAC is expected to start receiving cases from local or international parties from the end of 2020. 

2. LEGISLATIVE FRAMEWORK AND GENERAL PROVISIONS

2.1 General Principles

2.1.1 The Arbitration Law contains 58 articles and is divided into seven chapters. It applies to any arbitration which is seated in Oman or any arbitration which occurs abroad if the parties have agreed to apply the Arbitration Law. Ibid, art 1  

2.1.2  The following are some of the general principles set out in the Arbitration Law.
Party autonomy 

2.1.3 The Arbitration Law provides that:

  • only individuals or corporate entities who are legally competent to exercise their rights shall be permitted to enter into an arbitration agreement. 3 Ibid, art 11  It is notable that the Arbitration Law does not specify any requirements for a company’s representative to be authorised specifically to bind it to arbitration; 
  • the parties are permitted to agree upon the procedure to be followed in the arbitration, including the adoption of institutional rules 4 Ibid, art 24 ; and
  • the parties have the power to choose the substantive law to be applied to the dispute. 5 Ibid, art 6(1)   
Fairness

2.1.4  The Arbitration Law expressly states that the parties shall be treated equally and given an adequate and sufficient opportunity for submission of their claims. 6 Ibid, art 26   

Non-intervention by the courts 

2.1.5 The Arbitration Law stipulates that where a case subject to an arbitration agreement  comes before the courts, they shall refer the matter to arbitration if requested by the defendant before he submits any petition or defence in respect of the lawsuit. 7 Ibid, art 13  Further, the filing of a lawsuit before the court will not prevent the commencement or continuation of an arbitration or the passing of an arbitral award. 8 Ibid, art 13(2) Notwithstanding this, the Arbitration Law provides for the courts to retain a degree of supervisory jurisdiction over arbitrations (considered further below).

3. THE ARBITRATION AGREEMENT

3.1 Formal Requirements

3.1.1 The Arbitration Law provides that the arbitration agreement/clause should be evidenced in writing otherwise it shall be considered null and void. 9 Ibid, art 12   

3.1.2 Pursuant to Article 12 of the Arbitration Law, an arbitration agreement is deemed to be “written” if it is contained in an instrument duly signed by both parties or in a form of correspondence exchanged between both parties, for example: letters, telegrams or other forms of communication. 

3.1.3 An arbitration agreement may also be made by reference to an extraneous document, provided that the reference makes clear that the arbitration agreement is being incorporated into the contract. 10 Ibid, art 10(3)  

3.1.4 Finally, it is noteworthy that it is not permissible to execute an arbitration agreement in relation to matters that may not be subject to reconciliation. 11 Ibid, art 11  

3.2 Separability

3.2.1 The Arbitration Law recognises the concept of separability and expressly provides that an arbitration clause in a contract shall be considered as an independent agreement from the other conditions in the contract. 12 Ibid, art 23  Furthermore, even if the contract is considered to be invalid, terminated or rescinded, this of itself shall not have any effect on the arbitration agreement contained therein, provided the arbitration agreement is valid. 13 Ibid  

4. COMPOSITION OF THE ARBITRAL TRIBUNAL

4.1 Constitution of the arbitral tribunal

4.1.1 The parties are free to choose the number of arbitrators, so long as it is an odd number, otherwise the arbitration shall be considered null and void. Where no agreement has been reached, the number of arbitrators shall be three. 14 Ibid, art 15  

4.1.2 In terms of the appointment of arbitrators, the selection, method and timing for selection may be agreed by the parties, 15 Ibid, art 17(1) taking into account the following:

  • the arbitrator must be an adult; 16 Ibid, art 16(1)   
  • there is no requirement that the arbitrator be of a specific sex or nationality, unless agreed by the parties, or the law stipulates otherwise; 17 Ibid, art 16(2)   
  • the arbitrator cannot be a person who has been convicted of an offence involving honour or trust; 18 Ibid, art 16(1)  and 
  • the arbitrator must not be an undischarged bankrupt. 19 Ibid   
The appointment process

4.1.3 The parties are free to agree on the manner and time of appointing the arbitrators. 20 Ibid, art 17(1)  This can include agreeing to institutional rules which provide for the appointment process. 

4.1.4 An arbitrator’s acceptance of the mandate shall be in writing. Upon acceptance, he or she shall be required to reveal any of the circumstances which may raise doubts about his or her independence or impartiality. If such circumstances occur after appointment or during the course of the arbitration proceedings, he or she shall promptly declare this to the parties to the arbitration and to the other arbitrators. 21 Ibid, art 16(3)  

If no procedure is agreed

4.1.5 The President of the competent Court shall select a sole arbitrator on the application of one of the parties. 22 Ibid, art 17(1)(a)  

4.1.6 For three-person tribunals, the parties shall nominate one arbitrator each and the two party-nominated arbitrators shall then nominate the third arbitrator. Where the parties, or the two party-nominated arbitrators fail to agree on the nomination of the third arbitrator within 30 days of their nomination, the President of the competent Court shall nominate the third arbitrator upon the request of one of the parties. 23 Ibid, art 17(1)(b)  The arbitrator who is chosen by the two party-nominated arbitrators, or by the President of the competent Court, shall be the chairperson of the tribunal. 24  Ibid, art 17(1)(c)  

4.1.7 Where the President of the competent Court makes any arbitral appointment, they shall take into consideration the provisions required in the Arbitration Law and the conditions agreed upon by the parties for the selection of the arbitrator, and shall render a decision on an expedited basis. This decision cannot be appealed. 25 Ibid, art 17(3)  

4.2 Challenging an arbitrator

4.2.1 Under the Arbitration Law, a party may challenge an arbitrator in circumstances where there are serious doubts about that arbitrator’s impartiality or independence. 26 Ibid, art 18(1)  However, where a party has appointed an arbitrator (or where it has participated in the appointment process) it may not challenge that arbitrator unless the underlying reason became known after the appointment. 27 Ibid, art 18(2)   

4.2.2 In terms of the process of challenging an arbitrator:

  • this shall be submitted in writing to the tribunal within 15 days from the date the challenging party knew of the composition of the tribunal or the circumstances giving rise to the challenge. 28 Ibid, art 19(1)  
  • if the challenged arbitrator does not withdraw, then the tribunal shall determine the challenge; 29 Ibid  and
  • where a challenge is dismissed, the challenging party may (within 30 days of being notified) file an application with the Court for a non-appealable decision. 30 Ibid, art 19(3)

4.2.3 Finally, it should be noted that the submission of a challenge or an appeal does not cause the proceedings to be stayed. 31 Ibid, art 19(4)  

4.3 Termination of the mandate 

4.3.1 The circumstances where the termination of an arbitrator’s mandate may occur are where the arbitrator:

  • is unable to perform the mandate; or
  • fails or ceases to perform the mandate, causing unjustifiable delays to the proceedings. 32 Ibid, art 20    

4.3.2 In such cases, if the arbitrator fails to withdraw, or the parties fail to agree to the arbitrator’s removal, either party may apply to the Court for termination of the mandate. 33 Ibid  

4.3.3 In the event that an arbitrator is successfully challenged, withdraws or his mandate is terminated, a substitute shall be appointed in accordance with the procedures used in the original appointment. 34 Ibid, art 21

5. JURISDICTION OF THE ARBITRAL TRIBUNAL

5.1 Competence to rule on jurisdiction 

5.1.1 Arbitral tribunals are expressly permitted to determine their own jurisdiction, including whether there is an existing arbitration agreement in place and whether the agreement covers the subject matter of the dispute. 35 Ibid, art 22(1)  A jurisdictional challenge must be filed no later than the time by which the respondent’s statement of defence is filed, although a late challenge may be permitted by the tribunal if it considers the delay was justified. 36 Ibid, art 22(2)  

5.1.2 The tribunal is required to decide on jurisdictional matters before dealing with the substantive issues in dispute, although it may deal with them together in the final award. 37 Ibid, art 22(3)  The tribunal’s decision in respect of any jurisdictional challenge may only be appealed by applying for the nullification of the award in accordance with the Arbitration Law. 38 Ibid  

5.2 Power to order interim measures 

5.2.1 The parties to an arbitration may agree that the tribunal shall have the power (upon the request of either party):

  • to order interim or conservatory measures as required by the nature of the dispute; and 
  • to require security to be provided to cover the costs of the measures ordered. 39 Ibid, art 24(1)    

5.2.2 Should a party fail to comply with the tribunal’s order in this regard, the arbitral tribunal, at the request of the opposing party, can permit the opposing party to take such steps as are necessary for the execution of the order. Any such steps taken will not prejudice the opposing party’s right to seek an order from the Court for compliance with the tribunal’s order. 40 Ibid, art 24(2)  

6. CONDUCT OF THE PROCEEDINGS

6.1 General procedural principles 

6.1.1 The parties may agree upon the procedure to be followed by the tribunal in the proceedings, including the adoption of the rules of an arbitral institution in Oman or abroad. Where no agreement exists, the tribunal shall, after taking into consideration the provisions of the Arbitration Law, be permitted to choose the procedures it deems appropriate. 41 Ibid, art 25   

6.2 Commencement of arbitration 

6.2.1 The arbitration shall commence on the date the respondent receives the application for arbitration from the claimant, unless the parties agree otherwise. 42 Ibid, art 27  The Arbitration Law is silent on what precisely the application for arbitration should include. However, if the parties have agreed to be subject to specific institutional rules, then they should ensure these are adhered to in respect of the initial request or application for arbitration.

6.3 Seat, place of hearings and language of arbitration 

6.3.1The parties may agree to the seat of the arbitration being in Oman or abroad, failing which the tribunal shall decide on the seat, taking into account the circumstances of the dispute and what is appropriate for the parties. The Arbitration Law also permits the tribunal to convene hearings and meetings at other locations it considers suitable. 43 Ibid, art 28  

6.3.2 The language of the arbitration will be Arabic unless the parties agree otherwise, or the tribunal chooses another language or languages. 44 Ibid, art 29(1) The tribunal may also require that all or some of the written documents submitted in the case be translated into the language or languages used in the arbitration. 45 Ibid, art 29(2)  

6.4 Third parties 

6.4.1 The Arbitration Law does not contain any express provisions regarding multi-party arbitrations which expressly allow third parties to be joined to or to intervene in the proceedings. Any requirements in this regard will need to be assessed by reference to the institutional rules applicable to the proceedings (if any) or the parties’ agreement. 

6.5  Written proceedings 

6.5.1 A timetable for the service of pleadings can be agreed by the parties and the tribunal can also make determinations in this regard. 46 Ibid, art 30(1) and 30(2)  In addition, the pleadings should include 47 Ibid, art 30(3)

  • for the statement of claim: the name and address of the claimant, the name and address of the respondent, the facts of the case, the disputed issues, a summary of the claimant’s claims, and any other matter required to be included as agreed between the parties 48 Ibid, art 30(1) ; and
  • for the statement of defence: a reply to what has been stated in the statement of claim. The defendant also has the right to include in his submission any incidental plea in relation to the dispute or to maintain any right arising out of it in order to plead set-off, even if raised at a later stage of the proceedings, as long as the tribunal considers the circumstances for delay to be justified. 49 Ibid, art 30(2)   

6.5.2  If the claimant fails to submit its statement of claim in the arbitration, without an acceptable reason, the tribunal shall order the termination of the proceedings unless otherwise agreed by the parties. 50 Ibid, art 34(1)  However, if the respondent fails to submit its statement of defence, the proceedings shall continue, though the respondent will not be deemed to have acknowledged the claimant’s claims advanced, unless otherwise agreed by both parties. 51 Ibid, art 34(2)  

6.5.3 Following the submission of their respective cases, the parties may amend their claims or aspects of their defence, unless otherwise directed by the tribunal to prevent delays in the deciding of the dispute. 53 Ibid, art 32  

6.6 Oral hearings 

6.6.1 The Arbitration Law prescribes that the arbitrators may decide on whether oral hearings will be required or whether the matter can be dealt with solely via written submissions, unless otherwise agreed by the parties.  The parties must be notified of the date of the hearings and meetings in advance and within a time deemed sufficient by the tribunal. 54 Ibid, art 33(2)  

6.6.2 Any failure by a party to attend a hearing or file any required document will not prevent the proceedings from continuing or the award being issued on the basis of the evidence put before the tribunal. 55 Ibid, art 35  

6.6.3 The details of each of the sessions convened by the arbitral tribunal shall be recorded in the form of minutes which shall be delivered to each of the parties unless otherwise agreed by both parties. 56 Ibid, art 33(3)  

6.7 Evidence 

Witness Testimonies and Evidence

6.7.1 The Arbitration Law provides that any evidence given by witnesses or experts at a hearing must be unsworn – ie given without the taking of an oath or other form of confirmation. 57 Ibid, art 33(4)

6.7.2 The Arbitration Law also provides that each party may enclose with its pleadings, documents and evidence relied on, or may refer to a list of the documents and evidence it intends to submit in support of its case. The tribunal has the right, at any stage of the case, to demand submission of the original documents or evidence relied upon by any of the parties to the dispute. 58 Ibid, art 30(3)  

Engagement of experts

6.7.3 There are no express provisions in the Arbitration Law which provide for the parties to appoint their own experts to provide evidence in relation to the matters in dispute. However, the Arbitration Law does recognise that the parties may appoint their own experts to render an opinion on the tribunal’s expert’s report, as set out below. 59 Ibid, 36(4)  Ultimately, therefore, the admissibility of expert evidence is an issue which will need to be dealt with under the institutional rules which apply to the arbitration or the procedural rules agreed on between the parties and tribunal.

6.7.4 In terms of experts being appointed by the tribunal, the Arbitration Law generally provides that:

  • it is permissible for the tribunal to appoint experts in relation to specific issues; 60 Ibid, art 36(1)  and
  • the parties shall be required to cooperate with the appointed expert, including providing the expert with the information relating to the dispute and need to do what is necessary in order to enable the expert to inspect and check any of the documents, goods and other property relating to the dispute. The tribunal shall determine any dispute that arises between the parties in this regard. 61 Ibid, art 36(2)

6.7.5  The expert’s report shall be sent to the parties immediately after its submission, and they must be given an opportunity to comment on it and examine any evidence upon which the expert has relied. 62 Ibid, art 36(3)  

6.7.6 The tribunal may decide, of its own volition or upon the request of the parties, that a session be convened to hear the expert’s statement and discuss this with him. 63 Ibid, art 36(4)  Each of the parties is entitled to present one or more expert to render his opinion on those issues raised by the tribunal’s expert. 64 Ibid The tribunal may decide, of its own volition or upon the request of the parties, that a session be convened to hear the expert’s statement and discuss the same with him.  Each of the parties is entitled to present one or more expert to render his opinion on those issues raised by the tribunal’s expert.

6.8 Confidentiality 

6.8.1 The requirement for confidentiality in arbitration is not expressly covered by the Arbitration Law, although it does stipulate that the arbitration award shall not be published without the approval of the parties to the arbitration. 65 Ibid, art 44(2)  As a result, it would be advisable for the parties to include a confidentiality provision in the terms of reference (ie the document that sets out the terms of the arbitration) or to select institutional rules containing appropriate confidentiality provisions.

7. MAKING OF THE AWARD AND TERMINATION OF PROCEEDINGS

7.1 Choice of law 

7.1.1 The merits of the dispute shall be determined in accordance with the law chosen by the parties and the same shall be adopted without the application of conflict of laws rules (unless otherwise agreed). 66 Ibid, art 39(1)   

7.1.2 Where the parties have failed to agree on a governing law to be applied to the subject matter of the dispute, the tribunal shall choose the substantive rules of law which it deems most relevant to the dispute which could include, inter alia, the location of the parties or the place and performance of the obligations that give rise to the dispute. 67 Ibid, art 39(2)   

7.2 Interim and partial awards 

7.2.1 Prior to issuing the final award, the tribunal is empowered to issue provisional remedies or awards that are interim, and which partially deal with the claims made. 68 Ibid, art 42

7.3  Settlement 

7.3.1 If, during the proceedings, the parties agree to a settlement, they may request that its terms be included in a decision by the tribunal which shall have the force of an award. 69 Ibid, art 41  

7.4 Termination of the proceedings 

7.4.1 The arbitration proceedings shall come to an end upon the issuance of the final award or where:

  • the parties agree to terminate the arbitration;
  • the claimant abandons the proceedings, unless the tribunal decides, upon the respondent’s application, that there are valid reasons to continue the proceedings until the settlement of the dispute; or
  • the tribunal concludes that it is impossible or futile to continue the proceedings. 70 Ibid, art 48(1)  

7.5 Timing, form, content and notification of the award 

7.5.1 The tribunal shall be required to issue the final award in accordance with the timetable agreed by the parties. 71 Ibid, art 45(1)  Where no agreement exists, the award shall be issued within 12 months of the commencement of the arbitration. This deadline may be extended by the tribunal for a further 6 months, unless the parties agree to a longer extension. 72 Ibid  

7.5.2 If the award has not been rendered within the time periods referred to above, either party may request the President of the competent Court to issue an order to determine an additional period or to terminate the proceedings, whereupon the parties will be at liberty to bring the case before the court which would, but for the arbitration agreement, ordinarily have been competent to adjudicate on the dispute. 73 Ibid, art 45(2)  

7.5.3 In terms of the format of the award, the following requirements must be met:

  • it shall be issued in writing and signed by the tribunal, or the majority thereof if there is more than one arbitrator, provided that the reasons which prevented the minority arbitrators signing the award are established therein; 74 Ibid, art 43(1)  
  • the award must detail the grounds and reasons for the tribunal’s award unless otherwise agreed, or not required under the applicable law; 75 Ibid, art 43(2)  and
  • the award must include the names and addresses of the parties; the names, addresses, nationalities and designations of the arbitrators; the text of the arbitration agreement; a summary of the parties’ claims, statements and documents; the operative words of the award; and the date and place of issue. 76  Ibid, art 43(3)  

7.5.4 Once issued, a copy of the signed award must be given to each party within 30 days; 77  Ibid, art 44(1) and the award creditor shall deposit the original award (with an Arabic translation if it was issued in another language) with the Secretariat of the Court. 78 Ibid, art 47

7.6 Correction, clarification and issuing of a supplemental award 

7.6.1 Once the award has been issued, the parties may apply to the tribunal for clarification of any ambiguities in the operative words of the award. Such requests should be made within 30 days from receipt of the award and the requesting party shall notify the other parties prior to submission to the tribunal. 79 Ibid, art 49(1)   

7.6.2 Thereafter, any interpretations must be made in writing by the tribunal within 30 days of the request, although this period may be extended for a further 30 days if the tribunal deems it necessary. 80 Ibid, art 49(2)  Any interpretations given shall be considered an integral part of the arbitration award. 81 Ibid, art 49(3)   

7.6.3 The tribunal shall be responsible for correcting any material typographical or arithmetic errors in the award of its own initiative or at the request of one of the parties. Any such correction will be made within 30 days following the date of issuance of the award or an application for corrections. This period may be extended for a further 30 days if the tribunal deems it necessary. 82 Ibid, art 50(1)   

7.6.4 Any decision in this regard shall be made in writing and notified to all of the parties. If the tribunal exceeds its jurisdiction when carrying out a correction, either party may claim invalidation of the award by filing a claim for its nullity, in which case the provisions of Article 53 and 54 of the Arbitration Law shall be applied, which are considered at 9.2 below. 83 Ibid, art 50(2)   

7.6.5 Insofar as the issued award does not deal with any of the claims filed, either party (copying the other) may request the tribunal to pass a further award dealing with such claims raised during the course of the proceedings but which were ignored by the arbitration award. The application must be made within 30 days of the applicant party’s receipt of the award. 84 Ibid, art 51(1)  Provided the tribunal considers the issuance of a further award to be necessary, it shall be issued within 60 days of the application (although this may be extended by a further 30 days at the discretion of the tribunal). 85 Ibid, art 51(2)  

7.7 Costs of the arbitration 

7.7.1 The Arbitration Law does not state whether the tribunal can award or apportion the costs of the arbitration between the parties, including those arising from the parties’ legal representation and/or the expenses of the arbitrators. However, provided that the institutional rules agreed by the parties allow the tribunal to make decisions or awards in respect of the costs of the arbitration, or there is an express agreement between the parties (eg in the terms of reference), the entitlement of the tribunal to make an award in respect of the arbitration costs should not be prohibited. 

8. THE ROLE OF THE COURTS

8.1 Jurisdiction of the courts 

8.1.1 Under the Arbitration Law, the Omani courts retain a supervisory role in relation to arbitrations. 86 Ibid, art 9 and 14  

8.2 Court proceedings 

8.2.1 Where a dispute is filed in court, which is the subject of an arbitration agreement, the court shall reject the lawsuit if demanded by the defendant. For any demand to be valid, it must be made prior to the defendant submitting any petition or defence in the case. 87 Ibid, art 13   

8.3 Interim protective measures and other court assistance 

8.3.1 The courts have jurisdiction to order temporary or precautionary measures, on the application of either the claimant or the respondent, whether prior to or during the arbitration proceedings. 88 Ibid, art 14  For example, ordering precautionary attachment (ie freezing) a party’s assets. 

8.3.2 The power of the court to issue injunctive relief 89 Ibid  may, theoretically, be used by the parties to obtain evidence (eg by compelling the production of documents). In addition, the tribunal may apply to the court to fine witnesses who fail to appear, or who refuse to give evidence, although the fine itself is nominal (ie between OMR5-OMR20). 90 Ibid, art 37(a)  

9. CHALLENGING AND APPEALING AN AWARD THROUGH THE COURTS

9.1 Appealing an award 

9.1.1 Under the Arbitration Law, an arbitration award cannot be subject to appeal. However, a party may file a lawsuit for nullification of an award in certain circumstances, as described below. 91 Ibid, art 52  

9.2 Nullification of an award 

9.2.1 The Arbitration Law corresponds to international norms and prescribes that an award shall be nullified and incapable of execution in circumstances where:

  • there is no arbitration agreement, or such agreement is void, voidable or time-barred;
  • one of the parties at the time of execution of the arbitration agreement lacked or lost capacity in accordance with the law which governs his capacity;
  • one of the parties was unable to present their defence because he was not properly notified as to the appointment of an arbitrator or the proceedings or for any other reason beyond their control;
  • the arbitration award failed to apply the substantive law of the dispute;
  • the arbitral tribunal was composed, or arbitrators were appointed, contrary to the law or the parties’ agreement;
  • the arbitration award determines issues outside of the scope or exceeds the limits set out in the arbitration agreement (although if it is possible to sever the offending parts of the award, these alone shall be nullified); and/or
  • the award contains a nullity, or the arbitration proceedings were considered void in a manner affecting the terms of the award. 92 Ibid, art 53(1)  

9.2.2  In addition, the court may nullify an arbitration award if it considers the award to be contrary to the public order of the Sultanate of Oman. 93 Ibid, art 53(2)  

9.2.3 Any application for nullification must be brought within 90 days of notification of the arbitration award to the party against whom the award was passed. 94 Ibid, art 54(1)  It is significant that a waiver of the right to submit the nullification suit prior to the issuance of the award shall not prevent the acceptance of such a lawsuit. Any nullification action must be filed with the Court. 95 Ibid, art 54(2)  

9.3 Suspension of the award 

9.3.1 The filing of a nullification application will not necessarily result in a stay of the execution of the award. However, the court may order a stay of execution if the applicant applies for it and the application is founded on valid grounds. 

9.3.2 In the event that the stay of execution is ordered, the court may also order the applicant to provide a financial guarantee or security and shall determine the annulment lawsuit within 6 months of the date it made the order for the stay of execution. 96 Ibid, art 57  

10. RECOGNITION AND ENFORCEMENT OF AWARDS

10.1 Enforcement of domestic awards 

10.1.1 An arbitration award shall be final and binding 97 Ibid, art 55  and enforcement may be applied for through the Omani courts, subject to any of the challenges listed in Article 53 considered above at 9.2.1. No application for enforcement shall be admissible until the time for filing a nullification application has expired. 98 Ibid, art 58(1)  An application for the execution of an award must have the following attached to it:

  • the original award, or a duly signed copy;
  • a copy of the agreement to arbitrate; 
  • an Arabic translation of the award, if the arbitration award was passed in a language other than Arabic, (translated by an accredited entity); and
  • proof that the award has been deposited with the Secretariat of the Court. 99 LACCD, art 47  

10.1.2 The Arbitration Law prescribes that an award may not be executed before the following has been ascertained:

  • that the award is not in conflict with a decision made earlier by the Omani courts in respect of the subject matter of the dispute;
  • that the award does not contain any terms contrary to public order in the Sultanate of Oman; and
  • that the award was duly served on the unsuccessful party. 100 The Arbitration Law, art 58(2)  

10.1.3 Finally, whilst a judgment for the enforcement of an award may not be appealed, it is possible to appeal against a judgment which refuses enforcement, so long as the appeal is filed within 30 days of the date of the judgment. 101 Ibid, art 58(3)  

10.1.4 An order for the execution of the award in Oman will be governed by Omani procedural law, as applies generally to the execution of judgments.

10.2 Foreign Awards 

10.2.1 The provisions of the Arbitration Law do not apply to awards issued in foreign jurisdictions. Oman Sultani Decree No. 29/2002 Promulgating the Law on Civil and Commercial Procedures (CCPL) specifies that arbitration awards issued in foreign countries may be enforced in the Sultanate of Oman. 102 CCPL, art 352 and 353 An order for enforcement may only be issued after the following have been verified:

  • that the award is rendered by a competent tribunal, that it has become final and that it was not issued by fraudulent means;
  • that the parties to the action were notified in the arbitration and were properly represented;
  • that the award does not violate the laws in force in Oman;
  • that the award does not contradict a judgment previously rendered by an Omani court and does not violate public policy or morality; and
  • that the country in which the award was rendered would enforce in its territory an arbitral award issued in Oman. 103 Ibid

10.2.2  In addition, in 1999, Oman acceded to the New York Convention. Accordingly, awards issued in other member states should be enforceable in Oman subject to the grounds for challenging an award set out in the New York Convention. 104 New York Convention, art 5  

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