OMAN Law and Practice Contributed by: Mohammed Al Khalili, Jenna Al Bakry, Joud Lashko and Abdullah Al Raiisi, Al Khalili, Al Ghailani & Co LLP
Administrative and Regulatory Enforcement Beyond the judicial forum, collective redress may be effectuated through statutory administrative mecha- nisms – most notably, under the CPL. Under Articles 34–37 of the CPL, PACP officials are vested with judicial enforcement powers, including the authority to inspect, seize, and temporarily close com- mercial establishments, and to refer violations to the public prosecution. Remedies obtainable through this administrative channel include: • orders for cessation or rectification of unlawful practices; • product recall or withdrawal from circulation; and • imposition of administrative fines or licence sus- pension. These remedies operate erga omnes, safeguarding public and consumer interests rather than compen- sating individual losses. They are executed under the aegis of the State. Limitations Omani law expressly excludes punitive and exem- plary damages, consistent with the civil law maxim that the object of liability is reparation, not punish- ment. Liability arises only to the extent of actual harm occasioned by fault, excluding speculative or punitive elements. Likewise, collective settlements or court- approved global settlements typical of common law class actions are unknown to Omani procedural law, which mandates direct judicial determination of rights and obligations between named litigants. Remedies obtainable through collective or joined pro- ceedings in Oman are substantive, compensatory, and restorative in nature, encompassing monetary reparation, restitutionary recovery, declaratory con- firmation, and injunctive protection. The overarching remedial philosophy of Omani law remains restitutio in integrum, restoring the injured party – whether individ- ually or collectively – to the position antecedent to the harm while eschewing punitive sanctions or specula- tive awards. This framework underscores Oman’s civil law discipline, procedural restraint, and commitment to proportionate and equitable redress.
collectively may obtain the full range of civil remedies available under Omani law. The nature and extent of relief are governed not by the procedural form of join- der but by the substantive cause of action and the jurisdictional competence of the court seised of the dispute. Collective proceedings are thus adjudicated as a single composite action, culminating in a uni- fied judgment binding upon all parties to record, with enforcement rights apportioned according to each claimant’s proven interest. Judicial Remedies in Civil and Commercial Litigation Compensatory damages The primary remedial mechanism under Omani law is pecuniary compensation for damage sustained, whether arising ex contractu or ex delicto. The quan- tum of compensation is assessed by the court in light of the causative link between the wrongful act and the loss. In collective claims, such compensation may be rendered jointly or severally, contingent upon the defendants’ contribution to the injury. Restitutionary remedies Where enrichment has occurred sine causa, the court may order restitution in kind or equivalent value. This remedy is particularly apposite in collective claims involving overpayment, misappropriation, or unlawful acquisition of consumer funds – ensuring restoration of the status quo ante. Declaratory and injunctive relief The Omani courts are vested with inherent jurisdic- tion to issue declaratory pronouncements concerning the existence, scope, or extinction of rights, as well as to grant injunctive relief to restrain ongoing viola- tions. In collective proceedings, such injunctive orders may extend to the protection of a homogenous group interest. Interest, costs, and ancillary relief The prevailing party may recover judicial costs and lawful interest. Interest is granted solely within the confines of Omani public policy and Sharia principles, excluding punitive or usurious rates. Costs follow the event and are imposed at the court’s discretion to ensure equitable distribution of litigation expenses.
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