Tag: Case and Fatwa Summary

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Intel

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

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 856/2020 (Retention of Rights by Employees Transferred to a New Employer Pursuant to Article 48bis of the Labour Law of 2003)

The Supreme Court held that signing a new contract with an employee transferred under article 48bis of the Labour Law of 2003 is invalid if the contract provides less favourable treatment than that enjoyed by the employee with their previous employer.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 1496/2020 (Prevalence of Employment Contract Terms Over Job Offer)

The Supreme Court ruled that terms within a final employment contract supersede conflicting terms in a prior job offer. Consequently, a termination based on a project-linkage clause found only in the offer, but absent in the final contract, constitutes arbitrary dismissal.

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Intel

Case Summary: Supreme Court Contestation (Commercial Circuit B) 444/2021 (CBO Covid-19 Circular as Force Majeure Event)

The Supreme Court held that a Covid-19 related circular issued by CBO—after the Court of Appeal in Sohar issued its judgment—is a force majeure event that requires setting aside the previously issued court judgment.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 223/2019 (Failure to Issue Government Permits as a Breach of Usufruct Agreement)

The Supreme Court held that the refusal of a government entity to issue a permit or a licence is not a breach of a usufruct agreement signed with the government, even if such agreement includes a provision requiring the government to provide assistance and support in obtaining such permits or licences.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 675/2020 (Principle of Equality and Non-Reduction of Employee Benefits)

The Supreme Court ruled that employers must maintain equality among employees performing the same work under identical conditions, and are prohibited under articles 3 and 5 of the Labour Law of 2003 from unilaterally amending internal regulations to reduce or cancel established financial allowances.

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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 317/2020 (Enforceability of Training Contracts Coupled with Employment)

The Supreme Court ruled that a training contract coupled with employment automatically transforms into a binding employment contract upon the trainee's successful completion of the training. The employer is obligated to pay wages from that point and cannot rely on secondary clauses to evade the primary obligation of hiring the trainee.

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Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 1235/2020 (Reinterpretation of Contractual Terms)

In application of article 165 of the Civil Transactions Law, the Supreme Court held that contract clauses that are explicitly clear regarding the obligations of the parties in a development agreement cannot be reinterpreted.

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Intel

Fatwa Summary: MJLA Fatwa 212744737 (Oman Housing Bank VAT Exemption)

The Ministry of Justice and Legal Affairs (MJLA) held that the Oman Housing Bank, a government-owned enterprise under the Oman Investment Authority, is exempt from value added tax (VAT).

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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 1032/2020 (Interim Measures and Waiver of Arbitration)

The Supreme Court held that filing a lawsuit to request an interim measure—such as appointing an expert to document construction works—does not amount to a waiver of a contractual arbitration clause, in line with articles 9 and 14 of the Law of Arbitration in Civil and Commercial Disputes.

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