OMAN Law and Practice Contributed by: Mohammed Al Khalili, Jenna Al Bakry, Joud Lashko and Abdullah Al Raiisi, Al Khalili, Al Ghailani & Co LLP
2.3 Definition of Collective Redress/Class Actions As there is currently no unified framework governing class action and collective redress in Oman, a formal definition of collective redress/class does not exist under Omani law. Nonetheless, as expressed under the Labour Law, collective action is considered a mechanism for han- dling collective labour disputes. This refers to action undertaken by a group of employees or an individual representing said group in matters concerning the conditions and circumstances of the work environ- ment. Furthermore, the CCPL addresses collective redress in the three forms outlined in 2.1 Collective Redress and Class Action Legislation (Civil and Commercial Procedures). 3. Procedure for Bringing Collective Redress/Class Actions 3.1 Mechanisms for Bringing Collective Redress/Class Actions In Oman, no mechanisms have been specifically established regarding collective redress/class actions. Collective redress cases and class actions can be pur- sued in any of the available jurisdictions and courts in Oman. The law in Oman does not specify any addi- tional details and requirements with regard to bringing collective redress/class action suits. Jurisdiction and Courts As noted, collective redress/class action cases gener- ally follow the same requirements set out for individual cases under the Omani judiciary system. It is possible to pursue collective redress and class action cases in all areas of the law ‒ notably, including: • civil law; • commercial law; • criminal law; • labour law; • administrative law; and • maritime law.
be notified of the result of the award within three days from its issuance. Disputes may be contested before the Supreme Court in the event that the award is not
satisfactorily resolved. Consumer Protection
The consumer protection framework provides its own set of avenues for consumers to seek recourse through the CPL. Disputes arising between a supplier and consumer may be acted upon by the PACP. The PACP has the power to enforce the mechanisms of the CPL in a collective fashion where necessary. Facilitating investigation As a primary example, the PCAP may act on behalf of consumers in a dispute by obtaining the assistance of experts or specialists to provide technical expertise. The PCAP may also request the testing of a disputed product in a government or accredited laboratory in instances where the public interest requires such investigation. 2.2 Scope of Areas of Law to Which the Legislation Applies As outlined in 2.1 Collective Redress and Class Action Legislation , the Omani legal framework gov- erning collective redress and class action disputes currently focuses on a limited selection of key areas of law ‒ mainly labour and employment concerns and consumer protection matters. Collective bodies may be recognised under the law ‒ for example, the Commercial Companies Law prom- ulgated by Royal Decree 18/2019 recognises that corporate disputes concerning shareholder matters are inclined to be handled collectively by the relevant shareholders. However, the law itself does not provide a specified formal procedure for the undertaking of any class action recourse. Nevertheless, in recognition of the expanding nature of the Omani legal system, practitioners expect to see a notable influx of new legislation that may poten- tially provide more formalised avenues for collective redress in the future.
224 CHAMBERS.COM
Powered by FlippingBook