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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 940/2019 (Arbitration Language and Arbitrator Language Proficiency)

Post author By Nouf Al-Lamki
Post date March 15, 2020

The Supreme Court held that a reference to a "ruling language" in a contract is not the same as an agreement for determining the language of arbitration for disputes arising out of that contract and that the language proficiency of the arbitrator is not, on its own, a ground for challenging the arbitrator.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 101/2019 (Effect of Invalid Guarantee on Loan Contract)

Post author By admin
Post date March 2, 2020

The Supreme Court held that the invalidity of a third-party guarantee due to a defective power of attorney does not render the underlying loan agreement void.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 439/2018 (Validity of Arbitration Clauses in Purchase Orders)

Post author By admin
Post date February 24, 2020

The Supreme Court affirmed that an arbitration clause embedded within purchase orders constitutes a valid and binding arbitration agreement under article 10 of the Law of Arbitration in Civil and Commercial Disputes. Consequently, courts do not have jurisdiction to hear disputes arising from such contracts if the arbitration clause is invoked.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 970/2010 (Liability of Guarantor Shareholders for Company Debts after Sale of Shares)

Post author By mohtai
Post date February 2, 2020

The Supreme Court held that a shareholder who signs a guarantee agreement for the debts of the company remains liable for these debts even after selling his shares in the company.

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Intel

Case Summary: Supreme Court (Compensation Circuit) Contestation 231/2020 (Invalidation of Power of Attorney)

Post author By Abdullah Al-Azri
Post date January 1, 2020

The Supreme Court held that a power of attorney to appoint a lawyer as a representative of a joint stock company before the Supreme Court is invalid because it was signed by a person who was not the chairman of the board of directors of the company.

Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 160/2019 (Liquidated Damages and Indirect Damages in Construction Contracts)

Post author By admin
Post date December 24, 2019

The Supreme Court ruled that contractually agreed delay penalties constitute liquidated damages that limit a debtor's liability, precluding additional claims for the same delay. Furthermore, indirect damages are not compensable under contractual or tortious liability, and determining legal liability is the exclusive jurisdiction of the courts, not technical experts.

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Intel

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

Post author By Raghd Al-Hosni
Post date November 26, 2019

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 (Labour Circuit) Contestation 802/2020 (Termination of an Employee Under Probation)

Post author By Khalid Al-Ghafry
Post date October 14, 2019

The Supreme Court held that an employee improperly dismissed during the probation period is only entitled to compensation for the pay of the legally required notice period (i.e. seven days) and does not have the right to have his employment reinstated.

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Intel

Case Summary: Supreme Court (Rent Circuit) Contestation 250/2017 (Arabic Requirement for Court Evidence)

Post author By Abdullah Al-Azri
Post date October 9, 2019

The Supreme Court refused to admit evidence because it was not submitted in the Arabic language.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 1177/2017 (Fraudulent Concealment of Debts in Sale of A Commercial Registration)

Post author By admin
Post date October 1, 2019

The Supreme Court held that a seller's deliberate silence regarding pre-existing debts attached to a commercial registration constitutes deception under article 103 of the Civil Transactions Law. Consequently, the court ruled that such deception renders the contract voidable, granting the buyer the right to terminate the sale and restore the pre-contractual position.

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