Author: Raghd Al-Hosni

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 1496/2020 (Prevalence of Employment Contract Terms Over Job Offer)

The Supreme Court ruled that terms within a final employment contract supersede conflicting terms in a prior job offer. Consequently, a termination based on a project-linkage clause found only in the offer, but absent in the final contract, constitutes arbitrary dismissal.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 311/2019 (Employee Competition and Conflict of Interest)

The Supreme Court held that an employee establishing a private company in the same field as their employer constitutes a breach of the duty of non-competition and good faith, justifying termination without compensation.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 215/2018 (Invalidity of Foreign Jurisdiction Clauses in Local Contracts)

The Supreme Court held that a contractual clause assigning jurisdiction to a foreign court cannot override Omani courts' jurisdiction when the contract was created and performed in Oman, as procedural jurisdiction rules are matters of public order under article 30 of the Civil and Commercial Procedures Law.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 30/2015 (Conditions for Issuing a Travel Ban)

The Supreme Court confirmed that all the conditions under article 427 of the Civil and Commercial Procedures Law must be met for a travel ban to be valid.

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Intel

Case Summary: Supreme Court (Sharia Court Circuit) Contestation 59/2005 (Evidentiary Weight of Religious Fatwas)

The Supreme Court held that a religious fatwa issued by the Grand Mufti is not binding on the judiciary because the objective of a religious fatwa is simply to respond to the query of the inquirer based on the facts they present.

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