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Intel

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

Post author By Raghd Al-Hosni
Post date July 23, 2020

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 B) Contestation 669/2020 (Res Judicata of Supreme Court Decisions and Scope of Arbitration Nullity Lawsuits)

Post author By admin
Post date June 29, 2020

The Supreme Court held that its prior determinations on legal issues bind lower courts under the principle of res judicata, which supersedes public order considerations. It also confirmed that arbitration awards do not need to be issued in the name of His Majesty the Sultan to be valid. Finally, the court ruled that nullity lawsuits are strictly limited to formal and procedural defects and cannot review the merits or reasoning of an arbitrator's decision.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 724/2020 (Liquidated Damages + Lack of Funds to Complete a Project as Force Majeure)

Post author By Riyadh Al-Balushi
Post date May 31, 2020

The Supreme Court confirmed the entitlement of a claimant to liquidated damages and also held that the inability of a contractor to complete a project due to the lack of funds is not recognised as a case of force majeure.

Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 769/2019 (Validity of Arbitration Clauses in Employment Contracts)

Post author By Wedd Al-Zadjali
Post date April 28, 2020

The Supreme Court held that an arbitration clause in an employment contract is valid and does not violate public order, provided that the recourse to arbitration is more beneficial to the employee than standard court procedures.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 319/2020 (FIDIC Rules as Universal Contractual Obligations)

Post author By Abdullah Al-Azri
Post date March 23, 2020

The Supreme Court held that FIDIC rules are not part of public order and parties do not have an obligation to adopt them in their construction contracts.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 946/2019 (Validity of Company Stamp as Signature on Invoices)

Post author By Nouf Al-Lamki
Post date March 17, 2020

The Supreme Court held that stamping invoices with a company's stamp stands in place of a signature and constitutes valid evidence of the receipt of goods, obliging the company to pay the debt unless a formal claim of forgery regarding the stamp is successfully proven in accordance with the Law of Evidence in Civil and Commercial Transactions.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 467/2020 (Tribunal Excess of Power + Award Defects as Ground to Set Aside Arbitration Award)

Post author By admin
Post date March 16, 2020

The Supreme Court set aside an arbitration award because the arbitral tribunal decided on matters in its award that go beyond the scope of the matters agreed upon between the parties to the dispute and because the arbitral award did not include the details of the relevant arbitration agreement.

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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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