Monday, November 30, 2015

Legal Updates - November 30, 2015

Royal Decree 35/2015: The Law on Regulating the Profession of Pharmacology and Pharmaceutical Establishments

RD 35/2015 promulgates the law regulating the profession of pharmacists and pharmacies (the “Pharmacy Law”). The Pharmacy Law introduces a number of measures designed to protect Omani pharmacists from foreign competition and to prevent the formation of monopolies in the pharmaceutical sector.

Such measures include limiting the number of pharmacies an individual may open to one, restricting the number of branches that any given pharmacy may open, and stipulating the minimum distance between pharmacies.

Article 11 provides that either the owner of any pharmaceutical establishment or one of his partners must be an Omani partner. The Minster of Health may waive the requirement for a pharmaceutical qualification in areas where pharmaceutical services are scarce.

It is hoped that the law will help Omani pharmacists find jobs in pharmacies, increase the availability and distribution of pharmaceutical services over a greater area, and encourage investment in the sector.


Monday, November 23, 2015

Law of Muscat Municipality

In line with new plans for a complete restructuring of the strategies and objectives of Muscat Municipality (the “Municipality”), 3812015 came into effect on the 13 October 2015, thereby replacing the RD 8/1992.

The new law aims to achieve greater efficiencies. It specifies that the Municipality shall achieve its objectives by utilizing the funds allocated to it by the State, the profits incurred from its investments and the general revenue that the Municipality collects from fees and charges.


Monday, November 16, 2015

Enforcement of Omani Court Judgments and Arbitration Awards in Commercial Disputes Process and Procedure

The Enforcement Department is a separate authority within the Omani Primary Courts which overlooks all aspects of enforcement.

Each Primary Court in the country is furnished with at least one enforcement judge who is also a member of the Primary Court judge panels.

Enforcement judges have jurisdiction to review all disputes, applications and requests in relation to enforcement of judgments / awards as well as any preliminary and emergency applications in ongoing commercial cases involving matters under their jurisdiction.


Monday, November 9, 2015

Director's Duties in Oman

The functions and powers of a director of a joint stock company and a manager of a limited liability company (“LLC”) are provided for in a company’s articles of association (“articles”) or constitutive contract and the Commercial Companies Law as promulgated by Oman Royal Decree (“RD”) 7/1974 (as amended) (the “CCL”). In addition, the board of directors (the “Board”) of a public joint stock company (SAOG) will be subject to the Code of Corporate Governance (the “Code”), which shall become effective on 22 July 2016. However, the Code shall come into effect for each SAOG upon the expiration of the validation period of the Board, even if the validation period is before 22 July 2016.

The Code provides a framework for the management and control of SAOGs listed on the Muscat Securities Market, and outlines the composition of the Board (Principle 2) in Omani companies, as well as the functions and powers attributed to them (Principle 3).


Thursday, November 5, 2015

Without Prejudice in Oman

In common law jurisdictions, the term ‘without prejudice’ is a reservation made on a statement suggesting that it cannot be used against the publishing party in future dealings or litigation or arbitration. – DUHAIME’S LAW DICTIONARY.

The policy behind the common law rule is to encourage settlements and to promote free and frank discussion toward that end. If parties in a dispute are encouraged to resolve their differences without taking up the time of a court or an arbitral tribunal, they must be able to communicate freely without the fear that what they say or write will be used against them in evidence as admissions. If the communication is a genuine attempt to settle a dispute, it will be protected from being produced in evidence.