OMAN Law and Practice Contributed by: Sultan Al Ghafri, Nasser Al Riyami, Abdullah Al Aufi and Joud Lashko, Al Khalili, Al Ghailani & Co. LLP (K&Co.)
narrower concept tied to the measure ordered, rather than a general security-for-costs regime protecting a respondent against the risk of an unsuccessful claim - ant being unable to satisfy an eventual costs award. Where the parties have adopted institutional rules that expressly permit broader orders for security for costs, tribunals seated in Oman may make such orders as part of their general procedural authority derived from the parties’ agreement to those rules. Given the absence of detailed statutory guidance beyond Arti - cle 24 (1), parties concerned about the availability of security for costs in an Oman-seated arbitration are well advised to address the tribunal’s power to grant such relief expressly in the arbitration agreement or the applicable institutional rules. The Arbitration Law itself governs the procedure of arbitrations seated in Oman, setting out mandatory and default rules concerning matters such as the con - stitution of the tribunal, the conduct of the hearing, the taking of evidence, and the form of the award. Subject to these mandatory provisions, the Arbitration Law affords the parties significant autonomy to agree on the procedure to be followed, including by adopting institutional rules such as those of the Oman Commer - cial Arbitration Centre, whose Arbitration Rules were most recently updated in 2026, or the rules of an inter - national institution such as the ICC. In the absence of party agreement, the tribunal itself has the power to determine the procedure it considers appropri - ate, having regard to the provisions of the Arbitration Law. Where the seat is in Oman, the language of the proceedings will default to Arabic unless the parties agree otherwise, which is an important practical con - sideration for foreign parties structuring their arbitra - tion agreements. 7.2 Procedural Steps 7. Procedure 7.1 Governing Rules Certain procedural steps in Oman-seated arbitrations are mandated by the Arbitration Law rather than left entirely to party autonomy. These include the require - ment that the arbitration agreement be in writing, that the tribunal be constituted of an odd number of arbi - trators, that arbitrators accept their appointment in
writing and disclose any conflicts at that time, and that each party be given a full and equal opportunity to present its case, reflecting the due process guar - antees embedded in the Law. The award itself must satisfy specific formal requirements, including being in writing, signed by the arbitrators (or a majority, with reasons given for any missing signature) and dated, and stating the seat of arbitration, a summary of the parties’ claims and evidence, and the reasoning for the tribunal’s decision. Certain procedural steps relat - ing to enforcement, such as the deposit of the award with the competent court, are also expressly required as a precondition to enforcement. 7.3 Powers and Duties of Arbitrators Arbitrators seated in Oman are vested by the Arbi - tration Law with broad powers to conduct the pro - ceedings, including determining the applicable pro - cedure in the absence of party agreement, deciding on the admissibility, relevance and weight of evidence, ordering the production of documents and, where the parties have so agreed, ruling on interim meas - ures. Correspondingly, the Arbitration Law imposes clear duties on arbitrators, foremost among them the duty of independence and impartiality, coupled with an ongoing disclosure obligation, and a duty to con - duct the proceedings fairly, ensuring that each party has an equal and full opportunity to present its case. Arbitrators are also under a duty to render the award within the time limit agreed by the parties, or as fixed by the Arbitration Law in the absence of such agree - ment, failing which the mandate of the tribunal may lapse unless the parties or the court agree to extend it. Arbitrators are further required to state the reasons for their award, save where the parties have agreed otherwise or the applicable rules do not require this. 7.4 Legal Representatives Omani law does not impose a general requirement that legal representatives appearing in an Oman- seated arbitration be licensed to practise before the Omani courts or be Omani nationals, which is a nota - ble point of flexibility compared with litigation before the domestic courts, where representation is generally reserved to lawyers registered with the Omani Ministry of Justice. Parties to arbitration are, in general, free to appoint representatives of their choosing, including foreign qualified counsel, reflecting the private, con -
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