The Omani Constitution, formally known as the Basic Statute of the State, sets the key provisions governing the Omani legal system, including the rules and duties of the Sultan, ministers, councils and many more, including the judicial authority.
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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Decree Monthly Digest – June 2024
Decree Monthly Digest is a summary of the most significant updates on Decree in the previous month.
In accordance with article 127 of the Social Protection Law, the branch of maternity leave insurance applies compulsorily to all Omanis working in Oman, but this article left determining the extent to which it applies to non-Omanis to a decision by the Board of Directors of the Social Protection Fund. Beneficiaries of this insurance branch are entitled to 98 days of paid maternity leave.
This week’s issue of the Official Gazette included a decision by SPF on this matter, and it stipulates that the maternity leave insurance branch applies compulsorily to non-Omanis working in the government as well as those working in private sector establishments to whom the Labour Law applies.
You can read the text in full in English at the link below:
ROP published in this week’s issue of the Official Gazette Decision 88/2024 Issuing the Controls for Providing Vehicle Technical Inspection Service which creates a framework for outsourcing Traffic Law related inspection to private sector establishments.
By virtue of this new decision, a private sector establishment wishing to apply for a licence to offer vehicle inspection services must be wholly owned by Omanis, must equip its garages with approved tools, must maintain an electronic database linked to the Directorate General of Traffic, and must employ qualified technicians who adhere to safety standards during inspections.
The controls impose a number of obligations on establishments licensed to offer this service, such as the prohibition against inspection of vehicles involved in accidents or the sale or installation of spare parts to bypass inspection.
Penalties for violating the new controls include warnings, fines of up to 100 Rial Omani (double upon repetition), as well as licence suspension or cancellation.
You can read the text in full in English at the link below:
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Intel Update: June 2024
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.
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New Omani Waqf Establishment Formed
This week’s issue of the Official Gazette included the full text of Royal Decree 28/2024 Establishing the Omani Waqf Establishment and Promulgating Its System, which is a brand new government entity responsible for managing and investing waqf as well as the treasury, known as Bait Al-Mal, of the Ministry of Endowments and Religious Affairs.
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EU AI Act: Implications for Oman
Late last month, the EU formally adopted the EU AI Act, the first comprehensive and legally binding AI framework adopted anywhere in the world. Somewhat like the GDPR, the EU AI Act has extraterritorial application, and it is likely for this act to become the international legislative standard that countries around the world replicate when developing their AI legal frameworks.
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Decree Monthly Digest – May 2024
Decree Monthly Digest is a summary of the most significant updates on Decree in the previous month.
Royal Decrees
The month of May was a slow month for royal decrees as only two royal decrees were issued. The first related to the grant of Omani nationality, and the other related to the Oman Centre for Traditional Music transfer from the Diwan of Royal Court to the Ministry of Culture, Sports, and Youth.
Ministerial Decisions
Seven ministerial decisions were published in the Official Gazette during this month, with the most significant being the Ministry of Interior Regulation Governing Cemeteries, Tax Authority’s decision forming the Tax Grievance Committee, and the MOH’s decisions on the Social Protection Law Medical Committee and Medical Grievance Committee. It is worth noting that the Ministry of Labour also issued Ministerial Decision 320/2024 Forming the Committee for Arbitration of Collective Labour Disputes, which was not published in the Official Gazette.
Intel
Decree Intel was updated with overviews of the Ministry of Education and the Environment Authority, and with MJLA Fatwa 212746193 (Applying Civil Transactions Law to Contractual Rights) and MJLA Fatwa 212743851 (Contract Value Revision).
Blog Updates
Our blog featured a guest post by Wadhah Al-Hinai titled “Safeguarding Trust and Privacy: The Crucial Role of Confidentiality Clauses in Contracts” along with short updates on the cemeteries regulation and MOH’s decisions on the SPL medical committees.
Articles 22 and 23 of the Social Protection Law provide for the creation of a medical committee and a number of medical grievance committees. The medical committee is responsible for licensing health establishments to issue reports for disability assessment, while the grievance committees are responsible for reviewing challenges made to the reports issued by these health establishments.