OMAN Law and Practice Contributed by: Mohammed Al Khalili, Jenna Al Bakry, Joud Lashko and Abdullah Al Raiisi, Al Khalili, Al Ghailani & Co LLP
In terms of each specific collective redress and class action case, the case may go through all stages of court proceeding in the event that the respective authority finds ground for such action. The case will start at the primary court; if the appeal court sees fit, the case would then proceed to the appeal court through submission of the appeal by either party. The case may also move to the Supreme Court should the Supreme Court see fit and one or both of the parties submit an appeal against the judgment of the appel- late court. Difference in Mechanism Between Class Action/ Multiparty Cases and Individual Cases As stated previously, the general and main mecha- nism for collective redress and class action cases remains the same as that for individual cases. How- ever, there are several considerations that must be taken into account prior to the registration of the col- lective redress/class action. These differences occur in the labour, civil and commercial jurisdictions of the law. It is important to note that these are procedural differences and the practical aspects of these differ- ences should be taken into consideration prior to the registration of any collective redress/class action. The difference in the mechanisms of for bringing col- lective redress/class actions compared to individual cases lies in the procedure for bringing such cases, as detailed in 3.2 Overview of Procedure . 3.2 Overview of Procedure As stated in 3.1 Mechanisms for Bringing Collective Redress/Class Actions , in general the mechanisms and requirements for bringing collective redress and class action are the same as the requirements and mechanisms put in place for individual cases. Each jurisdiction of law may differ in terms of the process of registering and bringing the case whether collective or individual. As per the CCPL, the following process must be followed for registration. The case must be filed with the court that has juris- diction, which will be the court of jurisdiction that is located where the defendant is domiciled or has their place of business. The claim is only formalised by the claimant through a statement that includes the parties’ details, the subject of the dispute, and any supporting
evidence. The case must initially be submitted to the primary court. Labour Procedure For any labour case made prior to the registration of the case with the court, the parties must go through the Disputes Committee as per Article 9 of the Labour Law. The Labour Law provides specific details and instructions regarding the procedure for collective redress and class action cases at the labour disputes department, as follows. • Article 118 sets out the requirements for a request to settle a collective labour dispute. The informa- tion that must be contained within the request includes but is not limited to the names and details of the parties, a brief of the matter, supporting documents, and the procedures followed for the settlement (if any). • Article 119 imposes an obligation on the Disputes Committee to resolve the dispute within 15 days and document it. If no amicable settlement is reached, then the Disputes Committee must within seven days report to the competent entity with regard to the matters accepted and rejected and the reasons for such rejection. • Article 120 provides that if no amicable settle- ment is reached, either party may submit a request to take arbitration procedures to the competent authority, which shall refer the dispute to the Col- lective Arbitration Committee. • Article 121 provides for the establishment of the Collective Arbitration Committee and sets out the composition of its board. • Article 122 provides that the Collective Arbitration Committee must set a hearing to consider the dis- pute within 15 days from submission of the arbitra- tion request. • Article 123 provides that the Collective Arbitration Committee must issue its verdict within a month from commencing the dispute. • Article 124 sets out the regulations and principles that the Collective Arbitration Committee shall apply, including the rules of justice and equity in accordance with the prevailing economic and social situation. The award is considered final and can only be appealed before the High Court.
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