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Fatwa Summary: MJLA Fatwa 222770524 (Application of VAT Prior to Entry into Force of VAT Law or VAT Registration)

In a contract that was signed before the entry into force of the Value Added Tax Law, the Ministry of Justice and Legal Affairs (MJLA) held that a contractor was required to pay VAT out of the contract value agreed with the Ministry of Health and that contractor had no basis for adding it as additional charge that the ministry owes to the contractor.

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Intel

Fatwa Summary: MJLA Fatwa 222768811 (Continuation of Process for Allocating Land After the Legal Entitlement Basis Is Repealed)

The Ministry of Justice and Legal Affairs (MJLA) held that individuals who have reached the lottery stage of the land allocation process are entitled to obtain a land even after the legislation that establishes the right for the entitlement to this land was repealed.

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Intel

Case Summary: Supreme Court (Commercial Court) Contestation 992/2021 (Power of Authorised Manager to Sell Assets of a Limited Liability Company)

The Supreme Court confirmed that the sale of substantial assets by an authorised manager of a limited liability company is invalid without a unanimous resolution by the shareholders. The court also held that such transaction is nullified, even if an innocent third party relies on it in good faith.

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Intel

Fatwa Summary: MJLA Fatwa 222761398 (Effect of Majlis Al-Shura Membership on Employment in Government Owned Company)

The Ministry of Justice and Legal Affairs (MJLA) determined that it is not permitted for an employee of a company in which the government owns shares exceeding 40% of its capital to retain his employment in that company if he becomes a member of Majlis Al-Shura.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 631/2021 (Typographical Error as a Ground for Setting Aside Arbitral Award)

The Supreme Court held that a typographical error relating to the date on which an arbitral award is issued is not a ground for setting aside the award.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 450/2021 (Enforcement of Foreign Judgments)

The Supreme Court held that a foreign court judgment from a country with whom Oman has a bilateral agreement for the recognition and enforcement of court judgment must not be enforced if the Omani enforcement court fails to examine the original foreign judgment and verify that it meets the legal formalities before making its order to enforce it.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 248/2021 (Tax Treatment of Funds Transferred from Law Firm Branch to Sister Branch)

The Supreme Court ruled that funds transferred from an Omani branch of an international law firm to its sister branch are not fully considered as deductible expenses for the purpose of calculating the tax liability of the Omani branch.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 80/2021 (Insurance Claims for Misconduct of Own Employees)  

The Supreme Court held that the criminal misconduct by employees of a policyholder are considered equivalent to third party conduct, and therefore qualify as a basis for making insurance claims by the employer.

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 787/2021 (Compensation Quantification Methodology in Commercial Disputes)

In a copyright infringement dispute, the Supreme Court set aside a judgment awarding compensation for copyright infringement due to the failure of the trial court to base the compensation amount on a quantification methodology that takes into account the damage suffered as a result of the copyright infringement.

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Case Summary: Supreme Court (Commercial Circuit B) 652/2021 (Assignment of Jurisdiction to Non-Omani Courts by Contract)

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