Category: Intel

Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 1007/2018 (Legal Representation in Arbitration and Requirements for Issuing Awards)

Post author By Zayd Al Harrasi
Post date December 24, 2019

The Supreme Court ruled that the Law of Arbitration in Civil and Commercial Disputes does not require arbitration claims to be filed or represented by a registered lawyer, nor does it require arbitration awards to be pronounced in a public hearing, and not following these procedures does not constitute a ground for nullifying an arbitration award.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Tags Case and Fatwa Summary

Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 877/2018 (Limited Liability of Partners in a Limited Liability Company and Raising Lack of Standing)

Post author By Zayd Al Harrasi
Post date December 12, 2019

The Supreme Court held that a partner in a limited liability company is not personally liable for the company's debts beyond their share in its capital, even where they signed cheques on the company's behalf. It also confirmed that an objection of lack of standing may be raised for the first time at any stage of litigation, including before the Supreme Court, under article 116 of the Civil and Commercial Procedures Law.

Tags Case and Fatwa Summary

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.

Tags Case and Fatwa Summary

Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 1067/2018 (Validity of the Sale of a Commercial Register)

Post author By Malak Al Kharusi
Post date October 29, 2019

The Supreme Court ruled that the sale of a commercial register is not legally binding unless it is registered in the Commercial Register within one month of the sale, as required by article 8 of the Commercial Register Law. A preliminary, unregistered agreement does not constitute a valid sale.

Tags Case and Fatwa Summary

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.

Tags Case and Fatwa Summary

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.

Tags Case and Fatwa Summary

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.

Tags Case and Fatwa Summary

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.

Tags Case and Fatwa Summary

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.

Tags Case and Fatwa Summary

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.