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Guest Post

Alternative Dispute Resolution in Contracts: Resolving Conflicts with Confidence

This guest blog post is contributed by Wadhah Al-Hinai – Legal Researcher at Sultan Qaboos University.

Contracts are the foundation of business relationships, outlining rights, obligations, and expectations between parties. However, despite careful planning and collaboration, disputes can arise, leading to costly and time-consuming legal battles. That’s where a well-crafted Alternative Dispute Resolution (“ADR”) clause comes into play. ADR refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. In this article, we will explore the significance of including an ADR clause in contracts and how it can provide a fair and efficient means of resolving conflicts.

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Guest Post

Safeguarding Trust and Privacy: The Crucial Role of Confidentiality Clauses in Contracts

This guest blog post is contributed by Wadhah Al-Hinai – Legal Researcher at Sultan Qaboos University.

In today’s interconnected business landscape, where information flows rapidly and collaborations thrive, maintaining confidentiality has become more critical than ever. For individuals and organizations alike, protecting sensitive information is vital for maintaining trust, fostering innovation, and preserving competitive advantage. This article explores the importance of confidentiality clauses in contracts and their role in safeguarding valuable assets and maintaining healthy business relationships.

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Guest Post

Understanding the Legal Framework: Labour Strikes and Employer Closures in Omani Employment Contracts

This guest blog post is written by Budoor Al Suwaid LLM in Commercial and Corporate Law Graduate.

An employee’s right to peacefully strike plays a fundamental role in advocating for their rights and improving their work conditions. The newly released Labour Law, promulgated by Royal Decree 53/2023, boldly emphasises the rights of employees and employers in strikes and closures. It achieves this by dedicating the entirety of Section 2 of Part 8 of the Labour Law (Articles 128-136) to such matters.

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Student Article

Civil and Criminal Liability of Online Platform Providers under Omani Law

This student article is written by Jumana Al-Masroori and Fatema Al-Nuaimi, Law Students at Sultan Qaboos University College of Law, under the supervision of Dr Saleh Al-BarashdiThis article is part of a series of student articles published on Decree in collaboration with Sultan Qaboos University College of Law to showcase the legal academic writing of Omani law students.

The widespread of the internet had a major impact on the economy through the rapid process of digitalising services,[1] which consequently led online platforms to become a habitat to numerous online transactions,[2] as such platforms allow their service providers to expand across borders and supply various markets.[3] Online platform providers can be defined as “a mediating entity operating in two or multi sided markets, which uses the internet to enable direct interactions between two or more distinct but interdependent groups of users.”[4] This article will cover the different kinds of legal liability to which platform providers may be subject to.

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Student Article

Dirty Business: Cyberattacks on Smart Cleaning Devices

This student article is written by Sheikha Al-Yaqoubi, Law Student at Sultan Qaboos University College of Law, under the supervision of Dr Saleh Al-BarashdiThis article is part of a series of student articles published on Decree in collaboration with Sultan Qaboos University College of Law to showcase the legal academic writing of Omani law students.

The Internet-of-Things (IoT) is a term used to refer to “physical objects embedded with sensors and software that connect them to other devices and systems over the internet.”[1] Using the Internet of Things (IoT) reduces the burden of managing the household manually.[2] One of the most common households IoT devices are cleaning devices which can be defined as “machines that dispense cleaning agents automatically and adjust the quantities according to different factors (e.g., dirtiness, weight) and allow remote switching on or off.”[3] Unfortunately, as cleaning devices become more common and develop faster, the pace of developing protection techniques is not always able to keep up with the pace of the development of cleaning devices, which can result in an increased risk in cyber threats including cyberattacks.[4]

This article will explore cyberattacks carried through smart cleaning devices, the methods that the hackers can use to breach an online system, some tips to improve the safety of cleaning devices, and finally the regulation of cyberattacks in Omani law. 

Categories
Guest Post

Ranked Choice Voting: A Missed Opportunity in the New Shura Elections Law

This guest blog post is contributed by Faris Al-Said – Philosophy and Politics Graduate.

With the promulgation of the newly revised Majlis Al-Shura Elections Law, the country has taken steps forward towards a more robust framework for the elections of Majlis Al-Shura. The addition of detailed provisions for electronic voting will hopefully increase the accessibility of voting polls and puts it at the tip of our fingers, while the Electoral Grievance Committee will provide candidates as well as voters with a mechanism to voice grievances. This new law is a noteworthy legal development, but it still missed an opportunity to further improve voter representation through the introduction of ranked choice voting.

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Student Article

Smart Homes and Privacy Risks

This student article is written by Adeeb Al-Mazroui, Law Student at Sultan Qaboos University College of Law, under the supervision of Dr Saleh Al-Barashdi. This article is part of a series of student articles published on Decree in collaboration with Sultan Qaboos University College of Law to showcase the legal academic writing of Omani law students.

When the term “Smart” is used, this usually means that a device is capable of making the life of its user easier. In the context of “smart homes”, this simply refers to a home equipped with connected appliances with software controls.[i] These connected devices may allow the user to control them through a mobile device while being away from the home by communicating with the devices and the servers that are linked to them.

These connected devices can put the privacy of their users in danger, as it might be possible to access the data of the user by third parties, especially in cases where the technical protection applied to the connection is not sufficiently strong. Given that privacy is recognised as a fundamental human right of great significance—as recognised by various domestic, regional, and international documents,[ii] there is a great incentive for scientists and specialists to improve the technologies used to protect this fundamental right.

This article aims to illustrate and analyse some key risks to the use of smart homes and attempts to identify reasonable solutions to mitigate such risks.

Categories
Student Article

Biotechnology: Ethical Dilemma and Financial Issues

This student article is written by Bassam Al-Balushi, Law Student at Sultan Qaboos University College of Law, under the supervision of Dr Saleh Al-Barashdi. This article is part of a series of student articles published on Decree in collaboration with Sultan Qaboos University College of Law to showcase the legal academic writing of Omani law students.

Biotechnology has been defined by many researchers in different ways, but the most common definition is applying technology to living organisms.[1] This field is a wide sea with lots of interesting caves, some of which we have already explored while others are yet to be discovered. Although biotechnology is filled with fertile soil for opportunities, it most of the time ends up in a two-case scenario: either a financial loss or an ethical dilemma.

Categories
Guest Post

Protection of the Rights of the Disabled Under Omani Law

This guest blog post is contributed by Duniya Al-Nabhani – Law Master’s Student and SQE Candidate.

The recently issued Social Protection Law confirmed the importance that Oman gives to persons with disabilities by providing several rights and benefits to this vulnerable social group. These rights and benefits include providing a monthly guaranteed financial subsidy to every person with a disability and also allowing persons with disabilities to retire 10 years earlier than persons without disabilities. These fundamental rights granted by this new groundbreaking law are not the first or the only rights granted by Omani law to persons with disabilities as the Omani legal system has long recognised the need to provide them with special protections to address the inequality they face due to their disability. This post will highlight some of the other Omani laws that recognise the rights of the disabled.

Categories
Guest Post

Enforcement of Foreign Judgments in Oman: The Significance of the Reciprocity Principle

This guest blog post is contributed by Dr Bader Al-Maskari – Assistant Dean of Postgraduate Studies and Research at the College of Law in Sultan Qaboos University.

Similar to most jurisdictions around the world, the enforcement of foreign judgments is a complicated matter in Oman in the absence of a bilateral treaty for the mutual recognition of judgments. Under Omani law, the enforcement of civil and commercial judgments is governed by article 352 of the Civil and Commercial Procedures Law promulgated by Royal Decree 29/2002. This article examines one of the key elements required by article 352: reciprocity in the enforcement of Omani judgments in the jurisdiction from which the judgment sought to be enforced is made.