Tag: Case and Fatwa Summary

Intel

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 (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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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 940/2019 (Arbitration Language and Arbitrator Language Proficiency)

Post author By Nouf Al-Lamki
Post date March 15, 2020

The Supreme Court held that a reference to a "ruling language" in a contract is not the same as an agreement for determining the language of arbitration for disputes arising out of that contract and that the language proficiency of the arbitrator is not, on its own, a ground for challenging the arbitrator.

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Case Summary: Supreme Court (Commercial Circuit A) Contestation 101/2019 (Effect of Invalid Guarantee on Loan Contract)

Post author By admin
Post date March 2, 2020

The Supreme Court held that the invalidity of a third-party guarantee due to a defective power of attorney does not render the underlying loan agreement void.

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