Update on Exposure to U.S., U.K., E.U., and U.N. Sanctions

Given recent events in the region and abroad, it is timely to increase internal awareness of international economic sanctions, and give thought as to how they may impact your company’s current or future dealings. The issue is particularly important given that the newly passed Foreign Capital Investment Law (Royal Decree 50/2019) will likely lead to increased foreign investment into the Sultanate, and recently imposed sanctions have an impact on how companies can transact and trade with sanctioned nations and individuals.

We remind readers of our in-depth article on sanctions contained in our 1 September 2018 Client Alert, in which we discussed the U.S. having issued an Executive Order that re-imposed certain sanctions with respect to Iran as part of the United States’ withdrawal from the Joint Comprehensive Plan of Action.[1]

Since publication of that article, the relationships between Russia, Iran, Syria, and North Korea and the U.S., the U.K., and the E.U. have become ever more complex, and the levels of sanctions overall have increased (including with respect to the transfer of materials in specific sectors such as construction within sanctioned countries).

U.S. legislation enacted recently (such as the 2020 National Defense Authorization Act (“NDAA”)) authorises the imposition of sanctions on companies that provide goods, services, or other support for certain sanctioned countries. Of note and by way of example of growing sanctions, incorporated into the NDAA is the Caesar Syria Civilian Protection Act of 2019 (“Caesar Act”), which authorises sanctions on senior Syrian government officials, military leaders and others.

Of specific importance under the Caesar Act is the provision that those subject to sanctions include any individual or entity that “knowingly sells or provides significant goods, services, technology, information, or other support that significantly facilitates the maintenance or expansion of the Government of Syria’s domestic production of natural gas, petroleum, or petroleum products.”

This month, similar actions have been taken by President Trump by way of Executive Order against Iran, authorising the imposition of additional sanctions against any individual owning, operating, trading with, or assisting sectors of the Iranian economy including construction, manufacturing, textiles, and mining.

Types of sanctions

As a reminder, we outline below the structure of U.S. sanctions generally.

The U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) is the primary body that enforces U.S. economic sanctions, which are imposed by Congress and the President through a combination of legislation and executive actions.

OFAC sanctions programs fall into two broad categories: “primary” sanctions and “secondary” sanctions. Primary sanctions apply to any “U.S. person,” which is defined to include any U.S. citizen or permanent resident alien, regardless of location; any person who is in the United States, regardless of nationality; and any entity organised under the laws of the United States or of any jurisdiction within the United States (and including that entity’s foreign branches). By contrast, secondary sanctions render every person and entity, anywhere in the world, subject to U.S. sanctions for engaging in certain activities or transactions with (or for the benefit of) specified individuals or entities, or with (or through) specified countries or regions.

Why are sanctions important to your business?

If a contract party is sanctioned, U.S. persons would be barred from providing funds, goods, or services to contract parties and their majority-owned companies and subsidiaries, and receiving funds, goods, or services from those parties. Non-U.S. persons would be effectively foreclosed from using U.S. dollars to transact business with the sanctioned party which could have potential implications for the financing of a project. In addition, non-U.S. persons could themselves risk becoming subject to sanctions based on their dealings with the primary sanctioned party.

E.U. and U.K. companies would likely follow suit due to the risk of themselves being sanctioned.

With respect to the U.K./E.U., if a contract party or its executives are added to the E.U.’s asset freeze list in the future, E.U. nationals would be prohibited from working on the potential project, and the affected Omani company would be unable to conduct any business within the E.U.

We note that following its departure from the E.U., the U.K. is likely to adopt existing E.U. sanctions, but may also implement its own additional sanctions in the future. This is another area that should be watched carefully.

Future sanctions

The risk of future sanctions being applied to a contract party or venture partner should be carefully considered before entering into a contract.

Usually the risk of future sanctions can be mitigated substantially by way of thorough due diligence, contractual representations and warranties, covenants requiring the divestiture of problematic interests, and venture exit provisions in the event sanctions come into force. U.S. sanctions sometimes provide for a wind-down period during which potentially affected entities can divest themselves of sanctioned interests. However, as we have seen under the Caesar Act, entities engaged in sanctioned conduct on or after the date the legislation was enacted are subject to sanction without any opportunity for their business partners to wind down their partnership with the entity. Getting legal advice ahead of any business dealings that may be impacted by sanctions is therefore critical.

Curtis has a world-class sanctions team who regularly advises governments and companies on sanctions-related issues around the world. We would be delighted to advise on any specific sanctions queries our clients may have.

[1] https://omanlawblog.curtis.com/2018/09/united-states-issues-executive-order.html

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Foreign Investment in Oman

Investment in Oman has now become more attractive to foreign individuals as a result of the new Foreign Capital Investment Law (Royal Decree 50/2019) (the “New FCIL”) that was published in the Official Gazette in the second half of 2019 and came into force on 1 January 2020.

Under the New FCIL, foreign investors can now set up investment companies in Oman without any capital requirements, and local participation is no longer mandatory. The Ministry of Commerce and Industry (the “MOCI”) further facilitates the registration of companies subject to the New FCIL by introducing an incentive package to ensure capital stability, allowing the transfer of profits abroad, and simplifying the licensing procedures.

The New FCIL contributes to attracting foreign investments, enhancing the Sultanate’s position as an investment destination capable of attracting foreign capital, and raising the Sultanate’s ranking in global indicators relating to ease of business and economic diversification, as well as reducing the silent partner arrangement that was common under the former FCIL.

The New FCIL will play an important role in attracting foreign investments and the flow of capital within the Sultanate by creating appropriate conditions for investment so as to be competitive in attracting investments from countries around the world, and granting incentives, privileges, and guarantees that contribute to the establishment of foreign investments.

The MOCI supports applications for the registration of foreign investment companies and seeks to facilitate and simplify procedures for obtaining all approvals, permits and licenses for investment projects; and an integrated team has been assigned to oversee these applications.

In addition, the New FCIL has included a number of incentives to encourage foreign investment, of which the most prominent are the following:

• Allowing foreign investors to own 100% (as mentioned above);
• The absence of a maximum foreign capital contribution; and
• Omani investors can enter into a partnership with foreign investors without a specified minimum percentage.

Investment projects established by foreign investors, either alone or with the participation of others in the Sultanate, enjoy all the advantages, incentives and guarantees that national projects enjoy under the laws in force in the Sultanate. The incentive package includes the possibility of allocating government land and real estate necessary for the investment project by way of long-term lease or by granting a usufruct.

In order to establish foreign investments in the Sultanate, the New FCIL guarantees the rights of existing investment projects in the Sultanate, including that investment projects may not be confiscated, seized, frozen, or guarded, except by a court ruling; and debt is exempted from taxable income. Ownership of the project may only be expropriated for the public benefit and in return for fair compensation paid without delay. Likewise, usufruct or lease contracts may not be terminated where land or real estate has been allocated except in accordance with legally established precedents or by a court ruling; and the competent authorities may not withdraw the approval or license or permit issued for the investment project, unless the investor has committed a serious breach of the terms of his investment followed by a reasoned decision in writing after (i) warning the investor of the breach and (ii) giving 30 days from the date of warning to remedy the breach. If the breach has not been remedied, the MOCI will gradually impose administrative penalties on those in breach.

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WIthout Prejudice in Oman

The Omani courts do not recognise the concept of ‘without prejudice’ communications.  Any correspondence marked ‘without prejudice’ and brought into existence expressly for the purpose of furthering genuine settlement negotiations can be filed in court and relied on.  There are, however, several alternative steps that can be used in Oman to bolster the protection of any settlement correspondence.  By way of example, in any settlement negotiations, insist that all parties to the dispute sign an undertaking that any information disclosed in the communications will not be used as evidence before the courts.  Further, all documents should contain a statement or qualification that any offer does not constitute an admission of liability.  In addition, any settlement agreement should have a comprehensive confidentiality provision to prevent any form of publication.  A settlement agreement should also contain a provision preventing the parties from being called as witnesses in any subsequent litigation or arbitration in relation to the dispute.  A waiver of this condition should require consent of all parties.  Finally, if necessary, all communications in relation to a settlement should be made orally and not in writing.

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Dispute Resolution Clauses in Oman

A party must ensure that any final judgment granted in its favour is readily enforceable in all relevant foreign jurisdictions.  This is especially true where the opposing side is a foreign entity with assets vested offshore.  The 1996 Treaty for the Enforcement of Judgments, Judicial Delegation, and Courts Summons has made all Omani court judgments readily enforceable throughout the Gulf Cooperation Council (“GCC”).  If the opposing side has considerable assets in a neighbouring GCC country, a final binding Omani court judgment will be valuable, as it will be honoured and readily enforceable.  However, recognition and enforceability of an Omani court judgment in other foreign jurisdictions may vary, or perhaps be unclear.  All dispute resolution clauses should specify (i) the venue (i.e., the courts of a selected country or the seat of arbitration) and (ii) the substantive law which governs the underlying contract.  In instances where the parties grant jurisdiction to the domestic courts of a specific country, issues of venue and applicable law are invariably interlinked.

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Misrepresentation under Omani Law

“Misrepresentation” is a concept of wide importance in common law jurisdictions.  In English contract law and tort law, a misrepresentation is a false statement of past or present fact made by one contracting party to another, which has the effect of inducing the other party to enter into a contract.

It is often used as an alternate cause of action to breach of contract, because the remedies for a successful claim for misrepresentation are different from those available for breach of contract.  Importantly, among the possible remedies for misrepresentation is rescission, where the contract is annulled and the parties restored to the position they were in before the contract was entered into.

Misrepresentation, under English law, does not necessarily require intent to deceive.  “Negligent” and even “innocent” statements may constitute misrepresentation if they are false and their effect was to induce the other party into the contract.

Entire agreement clauses in common law jurisdictions typically aim to exclude liability for misrepresentation, but carve out liability for fraudulent misrepresentation.  In other words, the parties agree not to claim for “negligent” or “innocent” misrepresentation in connection with the agreement, but also state expressly that they are not seeking to limit or exclude claims for fraudulent misrepresentation.

The Civil Code does not, then, on a literal interpretation, recognise negligent or innocent misrepresentation: there must be an intention to deceive. The onus is on the party alleging misrepresentation to establish that (a) they were deceived by the misrepresentation; and (b) the deception was intentional.

It must be borne in mind, however, that the Omani courts have a large degree of judicial discretion, with scant case law to reference, so it is not impossible to exclude the possibility that they could find misrepresentation without intent having conclusively been demonstrated.

Nevertheless, the wording relating to misrepresentation in standard entire agreement clauses should be drafted bearing in mind the more narrow definition of the term under Omani law. Any attempt to limit or exclude liability for negligent or innocent misrepresentation could be at best superfluous and at worst confusing; and any attempt to exclude liability for fraud would be void under Article 182 of the Civil Code.

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Centre for the Protection of Competition and Prevention of Monopoly

Under the Protection of Competition and the Prevention of Monopoly Law (the “Competition Law”), Sultani Decree 67/2014, the role of the Competition Authority was originally assigned to the Public Authority for Consumer Protection (the “PACP”) and specifically to the Department of Competition and Monopoly Prevention.  On 9 January 2018, the Centre for the Protection of Competition and Prevention of Monopoly (the “Centre”) was established by Sultani Decree 2/2018 (the “CPC Law”) and took over the role of the Competition Authority from PACP.  The establishment of a dedicated Centre emphasises the importance of competition in the Oman business landscape.  The main purpose of the Centre is to monitor the application and implementation of the Competition Law and to promote free competition in the Omani market.

The Centre falls under the supervision of the Ministry of Commerce and Industry and the CPC Law provides for the appointment of a Chairman, Board of Directors and CEO.  Accordingly, the Centre has recently appointed the Board of Directors under the Chairmanship of His Highness Dr Adham Al Said.

The Chairman of the Centre is appointed, inter alia, to draft the Executive Regulations of the Competition Law, which will clarify and determine the actual applicability of a number of provisions.  Such Regulations will be subject to approval of the Board of Directors of the Centre and of the Ministerial Cabinet.  Following the issue of the Regulations, the Centre will be able to pursue its objectives in a better defined legal framework.  The implementation of a number of procedures (including the temporary exemption which may be considered by the Board of the Centre whenever such exemption pursues higher interests by encouraging development and competition) is entrusted to the Regulations.  We have no indication of their envisaged content; therefore, in the current circumstances and pending the publication of the Regulations, the only procedure that appears sufficiently defined is the request of approval for acts leading to economic concentration.  We expect that until the Regulations (or other applicable legislation) are issued, the Centre would not be in a position to exercise some of its competences.

The objectives are set out in Chapter Two of the CPC Law and include:  protect the market from anti-competitive practices, publish and promote studies that focus on monopolistic practices that affect the free market, undertake measures regarding the prevention of practices that are in violation of competition, study the suggestions and recommendations received by the Centre with regards to the protection of competition and the prevention of monopoly, and represent the Sultanate of Oman in regional and international conferences and meetings related to the Centre’s scope of work.

To share information on its activities, the Centre has published an official website which sets out as the general goals of the Centre:  (a) supporting domestic companies in order to enable them to compete in the international market and (b) attracting foreign investment to Oman.

Article 17 of the Competition Law states that any person may report to the Centre any agreement, procedure or practice which may be in breach of the provisions of the Law.  The Centre is responsible for receiving complaints pertaining to anti-competition and monopoly practices and, in connection with each complaint, conduct research, investigations and evidence collection.  The penalties stated in Chapter Four of the Competition Law are enforced by the personnel appointed jointly by the competent authority and the Chairman of the Centre.

As of today, there is little information available on actual proceedings.  The most important indication of how competition laws are interpreted and implemented worldwide can be found in anti-trust judgment and other similar decisions, which are customarily published.  The Competition Law provides that in the event of a violation, “the final decisions and provisions shall be published in two daily newspapers, one of which shall be Arabic, or by any means of advertising at the expense of the violator.”  This implies that, over time, it should be possible to follow the evolution of the decisions of the Centre and possibly the courts where applicable.

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Enforcement of Arbitral Awards, Part 3: Enforcement of Awards That Have Been Set Aside

Introduction

As mentioned in a previous article, under certain circumstances if an award has been set aside (denied ratification) by the court where the award was rendered, in very limited instances that award may still be enforced by the courts in another country.  This is a particularly interesting occurrence as it goes against comity (the mutual recognition of legislative, executive, and judicial acts) as well as res judicata (a case in which there has been a final judgment and the matter is no longer subject to appeal).  When this takes place, it is the result of a court setting aside an award on spurious grounds.

As summarised in this article, the enforcement of an award that has been set aside at the seat takes place through the New York Convention (the “NYC”) (or other comparable convention) and is a considerably complex situation.  This is a particularly noteworthy issue as courts in particular in the GCC have had a reputation for occasionally setting aside awards on grounds that are not internationally recognised, notably based on “unique” public policy grounds; this article will demonstrate that it is not the end of the road for those awards set aside.

When an award becomes binding

In order for an award to be enforceable under the NYC, that award needs to be binding.  However, interestingly, the time at which an award becomes binding is not uniform across all countries.

Notably, under Omani law, an award is binding and final after the 90-day period to challenge the award has elapsed (Article 58, Sultani Decree 47/1997, the "Arbitration Law").   In some jurisdictions an award is binding only after the award has been confirmed by a court; in others, it is considered final when it is rendered.  In light of the fact that under the NYC the enforcement of foreign awards must not be given more onerous treatment than domestic awards, there is an argument that those courts must also treat an award that is rendered in Oman as binding and final when rendered despite the fact that the 90-day period under Omani law has not elapsed.  This is a peculiar application of the NYC and international law, in that a foreign court would treat an Omani award as final before an Omani court.  The counterargument to this is an award cannot be enforced until it is binding under the laws where it is made.  Nonetheless, following the above, a foreign court could enforce an award that is binding in accordance with its domestic law and disregard the law of where it is rendered as to whether it is binding and final.

Article V(1)(e) hurdle

Article V of the NYC lists the grounds on which a court may refuse to enforce an award.  Article V(1)(e) provides that:  “The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.”

This article is noteworthy as it underpins that an award should be considered final or it may be denied enforcement.

Article V(1)

Even though an award is set aside by the courts where it is rendered, there is no obligation on a court in a foreign country to give comity to the decision to set the award aside.

In this respect, Article V(1) of the NYC provides that a court may, but not must, refuse enforcement of an award if it falls under one of the five grounds to set aside an award that are listed under Article V(1).

The wording of Article V(1) is as follows:

“Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought ….”

The use of the word “may” is particularly important as it provides courts the discretion as to whether it will refuse enforcement.  The drafters of the NYC intentionally included the word “may” in Article V(1) to provide this discretion to courts.  This is also supported by case law from a number of jurisdictions.

Article V(2)(b)

In addition to the above is the local standards annulment provision:  under the NYC an award may be set aside based on local standards that are unique to a particular jurisdiction; generally, this falls under public policy grounds that are unique to a certain country.  When this takes place, an award that is set aside based on these unique standards may then be enforced in another jurisdiction that does not apply the same grounds for nullifying awards.

For a more in-depth discussion of this topic, see M. Dunmore, Austrian Yearbook of International Arbitration, Chapter III:  The Award and the Courts, Enforcement of Awards Set Aside in their Jurisdiction of Origin, 2014.

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In the Pipeline - November 2019

Sultani Decree 76/2019 promulgates the Civil Aviation Law.  The law applies to civil aircraft registered in the Sultanate of Oman, civil airports, commercial air transport and general aviation, air navigation services and any other activities related to civil aviation in the Sultanate.  Article 27 prohibits the use of remote-controlled aircraft, drones and any other flying object prior to obtaining approval from the competent authority.  In addition, Article 27 prohibits the transport of weaponry, explosives, ammunition and all hazardous or inflammable materials in a civil aircraft prior to obtaining consent/approval from the competent authority.  Sultani Decree 76/2019 repeals Sultani Decree 93/2004 and the law comes into force on the day following its publication.

The Law Governing the Practice of the Medical Profession and Associated Health Professions is promulgated by Sultani Decree 75/2019.  The Minister of Health is set to issue the Executive Regulations within a period not exceeding one year from the date of publication.  A technical committee shall be formed with the aim of preserving and maintaining the medical profession and to help it abide by its principles.  Medical practitioners and associated health practitioners are under an obligation to perform their duties with integrity as required by the profession, to comply with the rules and regulations governing the practice of medicine and to document patients’ diagnosis and treatment.  This law repeals Sultani Decree 22/1996 and comes into force on the day following its publication.

Please contact us if you would like more detailed advice on the above.

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Letters of Credit under Omani Law

Letters of credit are vital instruments in the financing of international trade.  Most letters of credit in international transactions are governed by the International Chamber of Commerce (ICC) Uniform Customs and Practice for Documentary Credits 500 and 600.  In the Sultanate of Oman (“Oman”) letters of credit are governed by the provisions contained in Chapter 6 [Documentary credit] of Sultani Decree 55/90 (the “Law of Commerce”).

A documentary credit, under the Law of Commerce, is a contract whereby the bank (the issuing bank) undertakes to open credit at the request of one of its customers (the applicant/buyer).  The consideration is set for a certain amount and a specified period, in favour of another person (the beneficiary/seller), secured by documents which represent the goods that have been shipped or are being prepared for shipment (Article 377).

Usually, four parties are involved in the context of documentary credit transactions, namely:  the applicant/buyer, the issuing bank, the beneficiary/seller, and the correspondent bank (confirming/advising and negotiating the letter of credit) (the correspondent bank).  The bank opening the credit is obligated to implement the terms as to payment, acceptance and discounting agreed in the contract that opens the credit, provided the documents comply with the particulars specified in such contract (Article 379).

After opening the credit, the issuing bank informs the beneficiary directly or through a correspondent bank in the country of the recipient.  The issuing bank may ask the correspondent bank either to advise the beneficiary (in which case the correspondent bank may not be obliged to make any payment to the recipient and is referred to as the advising bank); or advise the beneficiary and add its confirmation (in this case the correspondent bank can be held responsible for making payment to the beneficiary and is called the confirming bank).  Once the advising bank has confirmed the documentary credit, it must refuse to accept any instructions to the contrary from the buyer. 

Under the Law of Commerce, documentary credits may be either revocable or irrevocable (Article 380).

Revocable

In the case of a revocable documentary credit, the bank may, at any time, amend or cancel the documentary credit on its own initiative or at the request of the buyer and without incurring any liability towards the beneficiary (Article 381).

Irrevocable

An irrevocable documentary credit constitutes a categorical undertaking by the bank which is conclusive and direct in relation to the beneficiary, provided the conditions therein are complied with (Article 382).  An irrevocable documentary credit may not be cancelled or amended save by agreement of all the parties.

It thus represents a direct relationship between the beneficiary and the bank and the right of the beneficiary against the bank is not infringed by any dispute between the buyer and seller to the contract of sale.  An irrevocable documentary credit is therefore more advantageous to the seller as it gives more security in terms of payment.

Principle of autonomy

A documentary credit is considered a separate contract from the underlying sales contract under the principle of autonomy.  Accordingly, the bank remains independent of such sales contract.  The issuing bank assumes the liability of the buyer towards the beneficiary without involving itself in the underlying transaction between the buyer and the seller.

The issuing bank will pay the beneficiary unconditionally if the beneficiary fulfils the documentary obligations based on terms mentioned in the documentary credit, irrespective of any disputes connected to the underlying contract between the buyer and seller (Article 385).  Courts are reluctant to grant injunctions ordering banks to withhold payment unless there is a clear indication of fraud.

If the applicant does not pay to the bank the value of shipping documents complying with the terms of the opening of the credit within three months of the date of notice of the arrival of such documents, the bank may sell the goods pursuant to procedures specified by the court.

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Enforcement of Awards, Part 2: Enforcing an Arbitral Award

Introduction 

This article sets out the procedure under Omani law for enforcing an arbitral award, whether it be in Oman or abroad.

After an arbitration is concluded and an award is rendered by a tribunal, the award cannot be enforced immediately.  First, the party seeking enforcement will need to have the award executed by a court in Oman before it will be considered final and in turn enforceable in Oman.

Enforcement of an award in Oman

Under Omani law, once an award is rendered, the losing party has a 90-day period to commence proceedings to have an award annulled.  Once the 90-day period has lapsed without proceedings having been commenced to annul the award, or after the rejection by the court of the annulment application, an application can be made to the Oman courts to have the award executed.

The procedures for the annulment and the execution of an award are similar to the procedures in other countries that are party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) (the “New York Convention”).

Enforcement is initiated by giving the debtor notice of the enforcement proceedings.  Notice can be effected by in-person service or service at the debtor’s domicile or place of business.  The notification must include the required particulars and the order to the debtor to pay within seven days as of date of the notification.

The whole process of enforcement can take from seven months to one year in court.

Enforcement of an Omani arbitration award abroad

If the party that the award is being enforced against does not have assets in Oman, the award may be enforced in a foreign country that is also a signatory to the New York Convention.  Currently there are 159 countries that are parties to the New York Convention, including Oman.  Below is a general procedure overview of how a foreign award is enforced under the New York Convention.

The New York Convention facilitates the enforcement of awards in countries that are signatories to the New York Convention.  Once an award is binding and enforceable in the country where it is rendered, the award is then enforceable in other signatories to the New York Convention.  Not only is the award enforceable but, owing to the reciprocal nature of the New York Convention, the award will not be subject to stringent confirmation procedures in the country of enforcement.  It should be noted that there is a general (rebuttable) presumption that, once an award is final where it is rendered, it will be enforceable in a foreign country.

When enforcing a foreign award, Article IV of the New York Convention requires several basic formal requirements to be met in order for a foreign court to enforce an award under the New York Convention.  This includes the submission of:  the original award, the arbitration agreement and translations if necessary.  These requirements have been universally transposed into domestic legislation of the parties to the New York Convention.

When an application for the enforcement of a foreign award is made, the court in the foreign country must apply the same grounds for the enforcement of the foreign award that it would apply to a domestic award.  Generally these follow the grounds in the New York Convention.  However, it is permissible for countries to adopt “local standards” so long as the process for enforcement of foreign awards is not more onerous then the enforcement of domestic awards.

The narrow grounds for setting aside an award are listed in Article V of the New York Convention.

It should be noted that the grounds for refusing to enforce an award are the same as denying execution.  In light of this, if an award has been granted execution/confirmation where it is rendered, it is unlikely to be refused enforcement elsewhere under the New York Convention.  In light of the above, it can be said that once an award has been executed in Oman, it is relatively straightforward to have that award enforced abroad.

Lastly, it should be noted that the enforcement of a foreign award in Oman follows the same process.

Conclusion

While arbitral awards in Oman are not enforceable immediately after they are rendered, the enforcement of awards in Oman is a relatively straightforward process.  Likewise, the process for the enforcement of an Omani award in a foreign country is a relatively straightforward process through the New York Convention.

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