OMAN Law and Practice Contributed by: Abdulredha Al Lawati, Zainab Al Lawati, Daniyal Khalid and Aoun Al Zadjali, ALC Lawyers & Counsel
2.2 Jurisdiction and Forum Selection Jurisdiction clauses are relevant in Omani insurance disputes, but contractual freedom to select a forum is subject to the mandatory rules governing the interna- tional jurisdiction of the Omani courts. Articles 29 and 30 of the Civil and Commercial Procedures Law prom- ulgated by Royal Decree 29/2002 establish jurisdic- tion by reference to factors including the defendant’s domicile or residence in Oman and, in certain cases involving a foreign defendant, whether the relevant obligation arose, was performed or is required to be performed in Oman. Importantly, the Omani courts have held that the inter- national jurisdiction established under Articles 29 and 30 is a matter of public order and cannot be altered by agreement. Accordingly, an exclusive foreign jurisdic- tion clause should not automatically be assumed to oust the jurisdiction of the Omani courts where the statutory requirements for Omani jurisdiction are satis- fied. At domestic level, the Civil and Commercial Pro- cedures Law permits agreement on a particular com- petent court in certain circumstances, but expressly preserves mandatory allocations of jurisdiction. A major procedural development is the establishment of the Court of Investment and Commerce under Royal Decree 35/2025, which came into force on 1 October 2025. Article 11 gives the Court exclusive jurisdiction over, among other matters, disputes relat- ing to insurance companies, while excluding claims for damages resulting from motor vehicle accidents. The Court also has jurisdiction over disputes and applications connected with arbitration. Therefore, any forum-selection analysis must now take account not only of international jurisdiction but also of this mandatory specialist court allocation. Forum clauses are particularly relevant when drafting cross-border commercial insurance and reinsurance arrangements, where the policy, insured risk, reinsurer and underlying transaction may have connections with several jurisdictions. In practice, careful alignment of the governing-law, jurisdiction and dispute-resolution provisions is important to minimise parallel proceed- ings and enforcement difficulties.
2.3 Cross-Border Disputes and Conflicts Issues Cross-border insurance disputes require separate consideration of jurisdiction, governing law, proce- dural law and, ultimately, the enforceability of any judgment. The fact that a policy is governed by foreign law does not necessarily prevent the Omani courts from exercising jurisdiction where one of the statutory jurisdictional connections to Oman exists. Converse- ly, once proceedings are brought before the Omani courts, Omani procedural law applies to the conduct of those proceedings. Foreign judgments can, in principle, be recognised and enforced in Oman. Under Articles 352–355 of the Civil and Commercial Procedures Law, enforcement is subject to conditions including that the foreign court had appropriate jurisdiction, the judgment is final, the parties were properly summoned and represented, the judgment was not obtained by fraud, and its enforce- ment would not conflict with Omani law, a prior Omani judgment, public order or morals. Reciprocity is also relevant, while applicable international treaties are expressly preserved. There are also important practical procedural consid- erations. Arabic is the language of litigation in Oman and documents in another language must be accom- panied by an Arabic translation. Under the new Court of Investment and Commerce procedure, filings are electronic, foreign-language documents must be accompanied by Arabic translations, and relatively short periods apply for filing the defence and sub- sequent replies. The Court is generally required to determine a case within 90 days following referral to the relevant circuit, subject to an extension of up to 45 days for serious reasons. Cross-border insurance disputes can therefore involve substantial front-end work concerning translations, foreign-law evidence, overseas parties, service, par- allel proceedings and the relationship between the underlying policy and any reinsurance arrangements. These issues should ideally be addressed when the policy and dispute-resolution provisions are originally drafted rather than only once a dispute has arisen.
203 I NSURANCE L I T IGATI O N 2026
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