Tuesday, January 20, 2015

How to Manage Contract Risk in Procurement: Part 2 -- Some Specific Clauses and their Validity under Omani Law

Continuing our series of articles on managing risk in procurement contracts, the second installment deals with some specific legal issues arising which can, and should, be covered in written agreements entered into between the buyer and seller in order to reduce their respective risks.

This month we will look at the use of exclusion, limitation, liquidated damages, penalty, and entire agreement clauses and their treatment and validity under the Omani Civil Code pursuant to Royal Decree 29 of 2013 (the “Civil Code”).


Monday, January 12, 2015

Sultanate of Oman: The Consumer Protection Law

News headlines concerning the expiry of and re-packaging of goods, substandard production methods and incorrect product labelling now feature prominently in Oman news. The Consumer Protection Law (the “CPL”), enacted pursuant to Royal Decree 66 of 2014 which has repealed Royal Decree 81 of 2002, is a direct response to rooting out monopolistic market practices and the prevention of trading in or advertising counterfeit or unauthorized products or services, in an attempt to better regulate the activities of suppliers, advertisers and agents alike.


Tuesday, January 6, 2015

Event: Compliance: More Than a Box Ticking Exercise

Curtis Oman hosted an Insight Series Breakfast Seminar at the Grand Hyatt Hotel, Muscat on Tuesday 9 December, 2014 entitled "Compliance: More Than a Box Ticking Exercise" which 83 leading business community members attended.


Monday, January 5, 2015

Sultanate of Oman: The Competition Protection and Monopoly Prevention Law

The enactment of the Competition Protection and Monopoly Prevention Law (the “Competition Law”), pursuant to Royal Decree 67 of 2014, is evidence of the Sultanate of Oman’s commitment to promote the “freedom of economic activity practice and to establish the principle of market rules and freedom of prices” and prevent the “practice of any monopolistic behaviour that would affect the market.” Prior to its enactment, competition law and issues relating to the prohibition of monopolistic market practices were dealt with within several laws.


Wednesday, December 31, 2014

Legal Updates

Amendments to the Land Law

The Land Law promulgated by Royal Decree 5 of 1980 (as amended) has been further amended by Royal Decree 56 of 2014, effective as of 14 October 2014.


Tuesday, December 30, 2014

Restructuring an Entity: The Right to Transfer Employees from a Group of Entities under Omani Law

Generally as a matter of Omani law, an Employer (as defined by the Oman Labour Law, as promulgated by Royal Decree 35 of 2003 (“OLL”) is entitled to restructure and/or re-organise its business and consequently the workforce, for economic, technical or structural reasons. Further a Supreme Court decision in Oman has held that an Employer has the absolute power and authority to reorganise its business, be responsible for the management of the same for the realisation of profits therefrom and to assume responsibility for any failure of its business.


Monday, December 15, 2014

How to Manage Contract Risk in Procurement: Part 1 -- Overview

In a series of articles commencing this month, we look at the relevant issues facing procurement specialists when managing risk in procurement contracts and offer some guidance and assistance when doing so. We start this month with a general introduction and will, next month, deal with specific legal issues arising and how best to deal with them in order to minimise such risks.


Wednesday, December 10, 2014

An Overview of the Establishment of the Public Authority for Mining

In keeping with its aim to develop the mining sector to achieve optimal exploitation of mineral resources in a manner that will best serve the development goals in the Sultanate, the Ministry of Commerce and Industry (“MOCI”) issued Royal Decree 49 of 2014 on 21 September 2014 which established a Public Authority for Mining in Oman (the “Authority”).


Thursday, December 4, 2014

Construction Sector Update: How the Ministerial Decision No. 174/2014 May Affect Your Business

The Regulation of the Works of Institutions and Companies Operating in the Contracting Field (the “Regulation”), enacted pursuant to Ministerial Decision No. 174 of 2014, came into force on the 19th June 2014 with the aim to supervise construction companies and monitor their activities more closely and, in particular, with regards to ensuring that construction companies adhere to health and safety obligations as set out in the Regulation.


Tuesday, December 2, 2014

Legal Updates

Omanisation Percentage of Employees in the Electricity and Water Sectors

Ministerial Decision 284 of 2014 (“MD 284/2014”) which came into force on September 8, 2014 specifies the percentage of Omani employees working in the electricity and water sectors that must be complied with.