Tag: Case and Fatwa Summary

Intel

Case Summary: Supreme Court (Rent Circuit) Contestation 124/2019 (Legal Personality of a Joint Venture Company)

Post author By Noor Al-Rajhi
Post date October 28, 2020

The Supreme Court confirmed a court of appeal judgment in which a lawsuit initiated by a joint venture company against a third party was dismissed on the basis that a joint venture company does not have legal personality, and therefore it is incapable of initiating lawsuits against any third party.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 204/2019 (Invalidity of Arbitration Clause in Insurance Policy)

Post author By Shiyam Al-Harrasi
Post date October 27, 2020

In line with article 58(4) of the Insurance Companies Law, the Supreme Court held that an arbitration clause is invalid if it is contained within the general terms of an insurance policy and not in a standalone agreement that is separate from such general terms.

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Case Summary: Supreme Court (Rent Circuit) Contestation 169/2019 (Tenancy Agreement Special Commencement Date)

Post author By Shiyam Al-Harrasi
Post date August 26, 2020

The Supreme Court ruled that a tenancy agreement commences on the date agreed between the parties for the commencement of the rent, and not the date of the actual tenancy agreement. In this case, the parties agreed that the tenancy agreement for a shop commences when the shopping mall officially opens, and because the shopping mall failed to open, the Supreme Court decided that the tenant owed no rent to the landlord and that the contract is rescinded.

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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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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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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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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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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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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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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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