OMAN Law and Practice Contributed by: Abdulredha Al Lawati, Zainab Al Lawati, Daniyal Khalid and Aoun Al Zadjali, ALC Lawyers & Counsel
tions. In practice, however, the New York Convention remains the principal legal framework governing the enforcement of foreign commercial arbitral awards. The Omani legal framework reflects a strong commit- ment to its international obligations. Article (24) of the Civil Transactions Law provides that where a domestic legal provision conflicts with an international treaty in force in Oman, the treaty prevails. This principle reinforces the enforceability of foreign arbitral awards falling within the scope of the New York Convention and other applicable treaties. The Law of Arbitration in Civil and Commercial Dis- putes (Royal Decree No 47/97) further recognises international arbitration. Article (1) expressly preserves the application of international agreements binding on Oman and confirms that the Arbitration Law applies to both domestic arbitrations and international com- mercial arbitrations where the parties have agreed to subject the proceedings to Omani arbitration law. In addition, Article (6) recognises the parties’ autonomy to incorporate arbitration agreements contained in model contracts, international agreements, or other contractual documents. Where no applicable treaty governs enforcement, for- eign arbitral awards are enforced under Articles (352) and (353) of the Law of Civil and Commercial Proce- dures. An application for enforcement is submitted to the competent Omani court, which will generally verify that: • the award was issued by a competent tribunal and has become final and binding; • the parties were properly notified of the proceed- ings and afforded due process; • the award does not contravene mandatory provi- sions of Omani law; • the award is not inconsistent with an existing Omani judgment and does not violate Omani public policy or morality; and • reciprocity exists between Oman and the state in which the award was rendered, where enforce- ment is sought outside the scope of an applicable international convention.
Article (353) expressly extends these principles to arbitral awards rendered abroad, provided that the subject matter is capable of settlement by arbitration under Omani law and that the award is enforceable in the jurisdiction in which it was issued. Before enforcement proceedings may commence, two procedural requirements should also be satisfied. First, at least 90 days must have elapsed from the date of the award without a nullification action being filed before the competent court. Secondly, the award must be deposited with the competent court (gener- ally the Court of Appeal in the case of foreign awards) in accordance with Article (47) of the Arbitration Law. Practical Barriers to Enforcement Although Oman is generally regarded as an arbitra- tion-friendly jurisdiction, parties may encounter cer- tain practical or legal obstacles to enforcement. These principally include challenges based on pub- lic policy, the non-arbitrability of the underlying dis- pute under Omani law, procedural defects affecting due process (such as inadequate notice or denial of the right to be heard), or the absence of reciprocity where enforcement is sought outside the framework of an applicable international convention. In practice, however, Omani courts have generally adopted a restrained approach and do not re-examine the mer- its of the dispute, limiting their review to the statutory grounds for recognition and enforcement. Upon verification of the above steps, the courts are obliged to accept enforcement of the award and grant the award holder the right to open an enforcement file immediately. In one of the recent precedents issued by the Supreme Court (164/8103/2026), the court has clearly indicated that Article (355) of the Law of Civil and Commercial Procedures shall be the most prevail- ing Article over Articles (352) and (353), which states that the previous Articles shall not contradict with the treaties ratified by Oman, which stresses that the con- ditions set out in Articles (352) and (353) are to be met but, most importantly, that the parties must ensure the accurate following of the international clauses prior to the enforcement process. For example, this prec- edent, in particular, confirmed that non-attendance of the respondent, despite the completion of the sum-
205 I NSURANCE L I T IGATI O N 2026
CHAMBERS.COM
Powered by FlippingBook