Category: Intel Update

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Small and Medium Enterprises Development Authority: The Small and Medium Enterprises Development Authority (الهيئة العامة لتنمية المؤسسات الصغيرة والمتوسطة) is the entity responsible for promoting and supporting the growth of small and medium-sized enterprises as well as craft industries.

Overview of Alternative Dispute Resolution: This document provides an overview of the key legislation relating to alternative dispute resolution in Oman. 

Case Summary: Supreme Court (Criminal Circuit): Contestation 210/2017 (Reliability of Translation Used in Trial): The Supreme Court held that the issue of the reliability of a translation accepted by the Court of Appeal in the procedures of the trial is a substantive matter that cannot be contested before the Supreme Court.

Case Summary: Supreme Court (Labour Circuit) Contestation: 210/2017 (Consequences of Delaying Employee Disciplinary Measure): The Supreme Court held that the failure of the employer to impose a disciplinary punishment against an employee after the expiry of the deadlines stipulated by the Labour Law rendered the action taken by the employer against the violating employee illegal.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Ministry of Defence: The Ministry of Defence (وزارة الدفاع) is responsible for ensuring security, safety, stability, and peace in the Sultanate.

Ministry of Housing and Urban Planning: The Ministry of Housing and Urban Planning (وزارة الإسكان والتخطيط العمراني) is responsible for proposing public policy for housing and urban planning as well as the policy for allocating government lands. 

National Centre for Statistics and Information: The National Centre for Statistics and Information (المركز الوطني للإحصاء والمعلومات) is the official statistics office of the country and the body responsible for conducting the census.

Case Summary: Supreme Court (Commercial Circuit) Contestation 380/2016 (Invalidation of Trade Mark Registration): The Supreme Court confirmed the invalidation of a new trade mark registration due to its similarity to an existing registration. In deciding if the trade marks are similar, the Supreme Court held that one must look at the collective elements of the mark and not individual elements.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Financial Services Authority: The Financial Services Authority (هيئة الخدمات المالية) is the government entity responsible for regulating the capital markets; insurance companies; the commodities, energy, and derivatives market; credit rating agencies; and the accounting and auditing profession.

The Ministry of Energy and Minerals: The Ministry of Energy and Minerals (وزارة الطاقة والمعادن) is the entity responsible for formulating the strategies and policies of the energy and minerals sectors, as well as developing, supervising, and regulating them.

Case Summary: Supreme Court (Labour Circuit: Contestation) 548/2017 (Failure to Terminate a Definite Period Contract): The Supreme Court held that the failure of the employer to terminate a definite period employment contract before its expiry transformed the contract into a new indefinite period contract.

Fatwa Summary: MJLA Fatwa 212744737 (Oman Housing Bank VAT Exemption): The Ministry of Justice and Legal Affairs (MJLA) held that the Oman Housing Bank, a government-owned enterprise under the Oman Investment Authority, is exempt from value added tax (VAT).

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Case Summary: Supreme Court (Labour Circuit) 766/2017 (Calculation of Rest in Overtime Work): An employee sued his employer for compensation for unpaid overtime working hours on the basis of two extra hours plus a one-hour break. The Supreme Court held that break time is not calculated as part of unpaid overtime.

The Ministry of Interior: The Ministry of Interior (وزارة الداخلية) is the entity responsible for developing the policies relating to governorates and local affairs, maintaining public order, undertaking matters relating to the international borders of the Sultanate of Oman, governing Omani nationality, governing tribal affairs, managing all kinds of elections, overseeing municipal councils, and governing mediation and conciliation committees.

Case Summary: Supreme Court (Commercial Circuit) Contestation 137/2017 (Grounds for Setting Aside Arbitral Award): The Supreme Court refused to set aside an arbitral award on the grounds that it had defects outside the grounds identified by the Law of Arbitration in Civil and Commercial Disputes, even though these defects would have been grounds to set aside an ordinary court judgment.

Sultan Qaboos University: Sultan Qaboos University (جامعة السلطان قابوس) is the first public and largest university in Oman.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Fatwa Summary: MJLA Fatwa 192721181 (SAI Confidential Emails): The Ministry of Justice and Legal Affairs (MJLA) deemed that the State Audit Institute (SAI) has a duty to release the confidential emails of a third-party held in its possession to support the defence of the government against the claims made by that third-party in an arbitration case.

Case Summary: Supreme Court (Labour Circuit) Contestation 717/2016 (Verbal Insult to Employer): An Omani employee was terminated from his job for insulting a manager in the presence of other employees. He sued his employer for unfair dismissal and demanded compensation. The Supreme Court ruled that the termination of employment was valid, emphasising that any form of assault affecting a person’s dignity is deemed grievous under article 40(8) of the Labour Law of 2003.

The Secretariat General for National Celebrations: The Secretariat General for National Celebrations (الأمانة العامة للاحتفالات الوطنية) is the entity responsible for organising national celebrations in the country.

The Ministry of Health: The Ministry of Health (وزارة الصحة) is the body responsible for developing healthcare policies as well as managing and directing the delivery of health services in the country.

Decree Intel is a database of original Omani legal research material that provides explanatory notes, overviews of government entities, and summaries of Supreme Court cases and MJLA Fatwas.

New Content

Case Summary: Supreme Court (Criminal Circuit) 661/2016 (Public Interest as a Defamation Defence): A Twitter user was accused of violating the Cybercrime Law by insulting agents of a falaj for their role in depriving a public park of water, which led to the deterioration of the conditions of the park. The Supreme Court ruled that the competing intentions of the perpetrator (protecting public interest vs insulting certain individuals) must be weighed against each other when determining if a crime has taken place. In this case, the Supreme Court refused to overturn the judgment of the Court of Appeal in Nizwa finding him not guilty on the basis that the public interest intention outweighed the insult intention.

Overview of the Ministry of Higher Education, Research, and Innovation: The Ministry of Higher Education, Research, and Innovation (وزارة التعليم العالي والبحث العلمي و ابتكار) is the entity responsible for overseeing higher education, scientific research, vocational training, and innovation in the Sultanate.

State Financial and Administrative Audit Institution: The State Financial and Administrative Audit Institution (جهاز الرقابة المالية والإدارية للدولة) is the entity responsible for auditing property owned by the state as well as certain entities.

Civil Aviation Authority: The Civil Aviation Authority (هيئة الطيران المدني) is the entity responsible for regulating civil aviation, meteorology, and certain climate affairs matters.