Tag: Case and Fatwa Summary

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Case Summary: Supreme Court (Civil Circuit A) Contestation 1176/2019 (Vicarious Liability for Employee Conduct)

Post author By Nadine Al-Barwani
Post date December 14, 2020

The Supreme Court held that an employer is vicariously liable for the nuisance caused by its employees parking their vehicles in front of a property of another person.

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Case Summary: Supreme Court (Comp Circuit) Contestation 210/2020 (Validity of Power of Attorney Issued to Law Firm)

Post author By admin
Post date December 13, 2020

The Supreme Court held that a power of attorney submitted for a contestation must be issued in the name of the specific lawyer signing the petition, not in the name of the law firm.

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Case Summary: Supreme Court (Commercial Circuit) Contestation 620/2019 (Employer Liability for Unauthorised Employee Conduct)

Post author By Riyadh Al-Balushi
Post date December 8, 2020

The Supreme Court held that an employer is liable for the conduct of an employee as long as the employee is seen as an apparent agent of the employer, even if the employee conducts activities not authorised by the employer and even if the employer does not gain profit from these activities.

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Case Summary: Supreme Court (Criminal Circuit) Contestation 621/2020 (Conflict of Interest and Abuse of Office by a Government Official)

Post author By admin
Post date November 24, 2020

The Supreme Court affirmed that a government official who uses his position to set specifications and evaluate bids in favour of a local supplier, which secretly sources the materials from a foreign company owned by the official himself, is guilty of conflict of interest and abuse of office.

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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 (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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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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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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