This kind of situation typically occurs where by an Omani entity contracts with a overseas entity, and there's a desire for almost any arbitration to get seated in a very 'third party' jurisdiction which may be perceived as a more neutral location.
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Oman ratified the Big apple Convention around two decades back in 1998,[2] reflecting the Omani lawful program's generally pro arbitration outlook. Further, a litigant in Oman may, concurrently with the New York Convention, search for to rely on judicial cooperation agreements entered into concerning Oman and specific jurisdictions when implementing a overseas arbitral award.
Notably, the Omani courts, as is the observe throughout the GCC, generally only award nominal quantities for lawful fees. As such, an unsuccessful litigant that seeks to oppose the recognition of the foreign arbitral award is not going to run the potential risk of an adverse fees get.
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Confusion in some cases arises as as to whether an arbitral award will likely be considered to be a international award When the
In observe and determined by our expertise, Omani courts will study and apply the above mentioned provisions narrowly. An unsuccessful litigant will typically experience problems invoking Article 352 to aid the non-recognition of a overseas award the place this sort of award is issued by way of The principles of the highly regarded arbitral establishment and There is certainly distinct proof the counterparty was knowledgeable of the continuing.
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The procedural framework for that enforcement of arbitral awards in Oman falls below certainly one of two statutes, staying:
In this sort of circumstance, any arbitral award arising within the contract would even now be classed to be a overseas arbitral award because the seat is abroad, no matter the deal itself becoming topic on the (substantive) legislation of Oman.
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