OMAN Law and Practice Contributed by: Abdulredha Al Lawati, Zainab Al Lawati, Daniyal Khalid and Aoun Al Zadjali, ALC Lawyers & Counsel
2.4 Anti-Suit Injunctions Omani civil procedure does not use the broad anti- suit injunction jurisdiction familiar in some common- law systems. A party will ordinarily raise the relevant jurisdictional or arbitration objection before the com- petent court, which determines its jurisdiction under the applicable statutory rules. Omani courts can nevertheless grant interim or con- servatory measures under Article 34 of the Civil and Commercial Procedures Law, including measures to be implemented in Oman even where the substan- tive dispute is outside their jurisdiction. This should be distinguished from restraining proceedings in a foreign court. Where arbitration is invoked, the agreement must also satisfy the insurance-specific formalities discussed in 3.1 Recognition of Arbitration Clauses . Since Octo- ber 2025, qualifying arbitration applications fall within the jurisdiction of the Court of Investment and Com- merce. 2.5 AI-Related Dispute Resolution and Jurisdiction There is not yet a developed body of publicly reported Omani insurance case law on jurisdiction or choice of law arising from AI systems. Such disputes would currently be analysed under the existing rules on con- tractual obligations, non-contractual liability and inter- national jurisdiction. AI may complicate the connecting factors where the insurer, technology provider, data and resulting loss are located in different jurisdictions. Contractual allo- cation of responsibility and governing law will there- fore remain important. 3. Arbitration in Insurance Disputes 3.1 Recognition of Arbitration Clauses Application in Standardised and Non-Standardised Policies Omani law recognises arbitration agreements general- ly, but insurance contracts are subject to an additional formality under Article 58 (4) of the Insurance Com- panies Law. An arbitration clause contained merely
among printed general policy conditions is invalid unless agreed in the separate form contemplated by that provision. The practical effect differs by policy type. In unified or standardised insurance products, including motor and health, there is usually limited scope to argue that an arbitration provision embedded in general condi- tions represents a separately negotiated agreement. Disputes therefore ordinarily proceed before the com- petent Omani courts unless the statutory requirement is satisfied. The position can be less straightforward for substan- tial non-standardised commercial policies, particularly construction, engineering, energy, marine and prop- erty risks. Where the formal requirement has not been followed strictly, an insurer may nevertheless seek to show through drafts, correspondence, broker com- munications and negotiated amendments that the dis- pute-resolution clause was specifically discussed and expressly accepted by the insured rather than merely imposed as part of printed general conditions, and that argument has succeeded only exceptionally. It should therefore be treated as an evidential argument in a negotiated commercial setting, not as a settled exception to Article 58 (4). Where a valid arbitration agreement exists, the court must also consider its scope and whether the particular coverage dispute falls within it. 3.2 Enforcement of Arbitral Awards Oman adopts a pro-enforcement approach towards arbitral awards, including awards rendered in foreign jurisdictions. Foreign arbitral awards are recognised and enforced either pursuant to the applicable inter- national conventions to which Oman is a party – most notably the 1958 New York Convention, which was ratified by Royal Decree No 36/98 or, where no treaty applies, in accordance with the provisions of the Law of Civil and Commercial Procedures (Royal Decree No 29/2002). Oman is also aparty to several international and regional instruments that facilitate the recognition and enforcement of foreign awards, including the ICSID Convention, the Riyadh Arab Agreement for Judicial Cooperation, and other relevant multilateral conven-
204 I NSURANCE L I T IGATI O N 2026
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