Wednesday, June 25, 2008

The Oman Law Digest 2009 - ARBITRATION

Oman is a signatory to the New York Convention of 1958 on enforcement of arbitral awards [ratified by RD 36/98]. Pursuant to Law of Arbitration [RD 47/97], jurisdiction of an Omani court is excluded in matters covered by written agreement for arbitration. Arbitral awards issued in or outside Oman (including those issued pursuant to the rules of international bodies such as ICC and UNCITRAL) are final and enforceable in Oman pursuant to a writ issued by the Primary Court upon an application for enforcement.

An Omani court may nullify an arbitration award if: (i) there is no arbitration agreement or if such agreement is null or rescindable or has lapsed by limitation; (ii) one of the parties to the agreement is incapacitated or incompetent to enter into the agreement; (iii) one of the parties was not represented by reason of not being notified of arbitration or of appointment of arbitrator; (iv) the arbitrator has not applied the law agreed by the parties; (v) the arbitration is conducted or arbitrators are appointed in a manner contrary to Omani law or agreement between parties; or (vi) the arbitrator decides on issues not included in the arbitration agreement or exceeds jurisdiction.