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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 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 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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Intel

Fatwa Summary: MJLA Fatwa 192721181 (SAI Confidential Emails)

Post author By Riyadh Al-Balushi
Post date August 21, 2019

The Ministry of Justice and Legal Affairs (MJLA) deemed that the State Audit Institute (SAI) has a duty to release the confidential emails of a third-party held in its possession to support the defence of the government against the claims made by that third-party in an arbitration case.

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Intel

Fatwa Summary: MJLA Fatwa 192717255

Post author By mohtai
Post date May 21, 2019

The Ministry of Justice and Legal Affairs (MJLA) deemed that the contractor had no rights under a contract it signed with the government due to the failure to comply with the requirements of Royal Decree 48/76 regarding the Signing of Foreign and Domestic Financial Transactions. The MJLA noted in its fatwa that the contractor can take legal action against individuals in their personal capacity whose actions resulted in the contractor suffering harm.

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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 316/2018 (Injunction Against Calling a Performance Bond)

Post author By Noor Al-Rajhi
Post date April 23, 2019

The Supreme Court annulled an injunction against calling a performance bond that was ordered on the basis that the beneficiary of the performance bond should not be allowed to call the bond because of an ongoing arbitration between the parties.