Foreign arbitral awards are decisions issued by arbitration tribunals seated outside the Sultanate of Oman, usually in disputes with an international or cross-border element. The enforcement of such awards is crucial because it determines the extent to which international commercial resolutions can be recognised and executed within Oman’s jurisdiction. The primary legal framework governing this process is the Civil and Commercial Procedures Law, promulgated by Royal Decree 29/2002, alongside the 1958 New York Convention, which Oman ratified via Royal Decree 36/98. This blog post provides an overview of the legal basis and key requirements for enforcing foreign arbitral awards in Oman.
The Legal Framework for Enforcement
The enforcement of foreign arbitral awards in Oman is governed by article 353 of the Civil and Commercial Procedures Law. This article stipulates that the rules for enforcing foreign court judgments apply equally to awards issued by foreign arbitrators. To be enforceable, the award must pertain to a matter that is capable of being arbitrated under Omani law and must be final and enforceable in the country where it was issued.
The specific conditions for such enforcement are further detailed in article 352. Before issuing an enforcement order, the competent Omani court must verify that the award was rendered by a competent authority and that the parties were properly summoned and legally represented. Furthermore, the court ensures that the award was not obtained through fraudulent means, does not conflict with a prior final judgment issued by Omani courts, and strictly complies with the Sultanate’s public order and morals.
Procedural Requirements for Enforcement
The process of enforcing a foreign arbitral award begins with the submission of a formal request to the primary court. The claimant must provide the original award or a signed copy, a copy of the arbitration agreement, and a certified Arabic translation of these documents if they were issued in a foreign language. Furthermore, the petitioner must provide evidence that the award is final and enforceable in the country where it was rendered. Critically, the court’s role is limited to a procedural review to ensure compliance with the law, rather than a re-examination of the merits of the dispute.
Conclusion
In conclusion, there is a framework in Oman that makes enforcing foreign arbitral awards efficient and reliable. By following the required procedures and ensuring proper documentation, awards can be executed promptly while preserving the integrity of the arbitration process.
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