The implementation of foreign arbitration awards in Oman as an important legal process requires a precise understanding of the legal requirements and necessary conditions for its realization. Foreign arbitration awards generally refer to awards issued outside of Oman or awards that are not considered domestic awards in Oman. Oman has joined the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitration Awards (New York Convention) by Royal Decree 36/98, which provides a legal framework for the recognition and enforcement of these awards between the contracting states.
Legal Requirements for the Implementation of Foreign Arbitration Awards
Dr. Mohammed Ibrahim Al-Zadjali, head of the Mohammed Ibrahim Legal Institute, emphasized that "foreign arbitration awards cannot be automatically enforced in Oman. The party seeking enforcement must apply to the competent Omani court, and enforcement is only possible if the legal requirements are met." This application must be submitted to the primary court, which consists of three judges, and within whose jurisdiction the enforcement of the ruling takes place.
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Dr. Al-Zadjali continued that "enforcement cannot take place unless the court first confirms that the ruling was issued by a competent authority within the jurisdiction of the issuing country, has been finalized according to the laws of that country, and was not obtained through fraud. Additionally, the parties must have been properly summoned and adequately represented."
Additional Conditions for the Confirmation of Arbitration Awards
He added that "the court must also confirm that the ruling does not include a claim based on a legal violation applicable in Oman, does not conflict with any previous Omani ruling or order, and does not include matters that contradict public order or morals." Furthermore, the court must confirm that the country in which the ruling was issued accepts the enforcement of Omani court judgments within its territory. A specific additional condition for arbitration awards is that the ruling must relate to a subject that is arbitrable under Omani law and is enforceable in the issuing country.
Dr. Mohammed also pointed out that "the existing legal framework also stipulates that previous laws on the enforcement of arbitration awards do not affect the provisions of treaties between Oman and other countries regarding the same subject."
In conclusion, he stated that this legal framework provides a basis for the enforcement of foreign arbitration awards in Oman while protecting the integrity of arbitration.
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