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.)
and the institution. In the absence of an express con - fidentiality agreement or applicable institutional rule, the position is less certain, and parties concerned to preserve confidentiality are well advised to address the point expressly in their arbitration agreement or terms of reference. Information from an arbitration may, in certain circumstances, need to be disclosed in subsequent court or arbitral proceedings, for exam - ple where the award or the underlying agreement is placed before the courts in enforcement or annulment proceedings, since court filings and judgments are generally treated as a matter of public record. An arbitral award seated in Oman must satisfy a num - ber of formal requirements under the Arbitration Law to be valid and enforceable. It must be issued in writ - ing and signed by the arbitrators; where the tribunal comprises more than one arbitrator, a majority signa - ture suffices, provided the award records the reasons why the remaining arbitrator or arbitrators did not sign. The award must state the seat of the arbitra - tion and the date on which it was made, must set out a summary of the parties’ claims, submissions and evidence, and must state the reasoning under - lying the tribunal’s decision, save where the parties have agreed that reasons need not be given or where the applicable procedural law or rules do not require them. There is a general time limit within which the award must be rendered, whether agreed by the par - ties or, in the absence of agreement, fixed under the Arbitration Law, subject to any extension agreed by the parties or ordered by the competent court. 10.2 Types of Remedies 10. The Award 10.1 Legal Requirements The Arbitration Law does not set out a prescriptive, closed list of remedies available to an arbitral tribunal; tribunals seated in Oman generally have the power to award the range of remedies within the scope of what the parties have agreed to submit to arbitration and what is permissible under the law governing the merits of the dispute, including damages, specific performance and declaratory relief. Certain remedies are, however, generally regarded as unavailable or restricted as a matter of Omani public policy, most
notably punitive damages, which are not a recognised feature of Omani civil and commercial law, which is compensatory in nature. Any award purporting to grant a remedy considered contrary to Omani pub - lic policy, including punitive damages, would be vul - nerable to challenge on enforcement or annulment. Equitable-style remedies such as injunctive relief and rectification may be available where the underlying contract and applicable law support them, but tribu - nals should exercise caution to ensure the remedy granted remains within the recognised bounds of Omani substantive and public policy. 10.3 Recovering Interest and Legal Costs Parties to an Oman-seated arbitration are generally entitled to recover interest and legal costs, although the basis for doing so, and the rate and calculation of interest in particular, must be considered carefully in light of Omani law, including restrictions derived from Sharia principles that can affect the recoverability and characterisation of interest in certain contexts. Tribunals typically have discretion to allocate the costs of the arbitration, including the parties’ legal costs, tribunal fees and institutional charges, between the parties. In practice, Omani tribunals and courts do not apply a rigid, universal “costs follow the event” rule; the tribunal will generally exercise its discretion having regard to the relative success of the parties, the conduct of the proceedings, and any agreement between the parties on costs, meaning outcomes can range from a straightforward “costs follow the event” approach to a more nuanced apportionment reflecting the extent to which each party succeeded or failed on the various issues in dispute.
11. Review of an Award 11.1 Grounds for Appeal
There is no right of appeal on the merits against an arbitral award under Omani law; the Arbitration Law instead provides an exclusive remedy of annulment, under Article 53, on a closed and exhaustive list of procedural and jurisdictional grounds, such as the invalidity of the arbitration agreement, a defect in the constitution of the tribunal, the tribunal exceeding the scope of the matters submitted to arbitration, a failure to observe the parties’ agreed procedure or funda -
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