Mediation
A unique mechanism available for parties to amicably resolve disputes is often underutilized in international commercial disputes.
There are several advantages that mediation offers over other forms of dispute resolution (such as court proceedings/arbitration) which we will explore below.
The Supreme Court is the highest Court within the hierarchy of Courts in Oman. A judgment/decision issued by the Supreme Court is supposed to act as a precedent for all the lower Courts and Government authorities as the judgments issued by the Supreme Court are final and non-appealable. Thus, an issue which has been adjudged upon by the Supreme Court should become a binding precedent to be applied in all future cases pertaining to a similar issue.
Despite two judgments of the Supreme Court in 2012 on the issue of non-taxability of overseas dividends under the Omani Income Tax Law promulgated by Royal Decree 47 of 1981 as amended (the “Income Tax Law”), the Omani Tax Department continues to currently try to impose tax on overseas dividends received by companies from its investments out of Oman, referable to the tax years up to and including 2009.
The Law for the Regulation and Privatisation of the Electricity and Related Water Sector promulgated by Sultani Decree 78 of 2004 as amended (the “Sector Law”) originally provided the statutory and regulatory framework for the electricity and “related water” sector in Oman. “Related water” referred only to water desalination projects which were combined with, or co-located on the same site as, power generation. This meant that “unrelated” water desalination projects (i.e. desalination projects which were not combined with, or located on the same site as, electricity generation) were not subject to the Sector Law.
However, on 1 October 2013, an amendment to the Sector Law promulgated by Sultani Decree 47 of 2013 (the “Amendment”) was published which provided that unrelated water desalination projects which were designated “desalination facilities of a special nature” would be subject to the Sector Law.
Simon Ward is a highly experienced litigator in the Oman and Middle Eastern markets. He joined the firm as Counsel in 2011 and has swiftly become an integral part of the team, advising clients across a wide range of sectors, including construction, commercial, environment, employment and regulatory.
Simon's promotion is both well-deserved and a reflection of Curtis' robust positioning in the Middle Eastern legal market. Please join me in wishing him warm congratulations.
- Bruce B. Palmer, Managing Partner, Curtis Middle East
Introduction
‘Takaful’ is an Arabic word which means ‘mutual or joint responsibility’. Accordingly, takaful insurance works as mutual or co-operative insurance, whereby participants contribute – by way of ‘tabarru’ (donation) - a certain sum of money to a common pool.
Simon Ward, Managing Partner
Dominic Pilkington, Partner
Bruce Palmer, Counsel
Curtis, Mallet-Prevost, Colt & Mosle LLP
Qurum Plaza
108 Al Wallaj Street
P.O. Box 1803; PC 114
Muscat, Sultanate of Oman
Tel: +968 2465 2600 or +968 2456 4495
