The deadline to appeal a judgment of Oman's Court of Investment and Commerce is 15 days in commercial cases and 7 days in urgent matters, orders on petition and enforcement disputes. The deadline for a challenge before the Commercial Circuit of the Supreme Court is 30 days, and the deadline for a petition for reconsideration is 30 days. Time generally runs from the day after the judgment is issued if it was given in the presence of the parties, and from the date of notification in specified cases. Missing the deadline loses the right to challenge.
This article brings together the deadlines and methods of challenge before the Court of Investment and Commerce as set out in the unified procedural guide to litigation before the court issued by the Supreme Judicial Council, with the requirements for appeal and cassation filings, fees and guarantees, and post-judgment requests such as correction and interpretation.
Table of challenge deadlines at the Court of Investment and Commerce
| Type of judgment | Appeal deadline | Supreme Court deadline | Legal basis |
|---|---|---|---|
| Commercial cases | 15 days | 30 days | Articles 16 and 17 of the Court of Investment and Commerce Law |
| Urgent matters | 7 days | 30 days | Articles 16 and 17 of the court's law |
| Orders on petition (grievances) | 7 days | 30 days | Articles 16 and 17 of the court's law |
| Enforcement disputes | 7 days | None | Article 339 of the Civil and Commercial Procedure Law |
Source: Table 10, "Legal periods for claims and challenges", in the procedural guide. The deadline for an appeal by the Public Prosecutor, or whoever acts in their place, is fifty days from the day after the judgment is issued.
When does the appeal period start?
Time runs from the day after the judgment is issued if it was given in the presence of the parties, and from the day after the judgment is notified to the losing party in the following cases:
- The losing party failed to attend all the hearings set for the case and did not file a defence memorandum.
- They failed to attend or file a memorandum at all hearings after the case was revived following a stay for any reason.
- The proceedings were interrupted and judgment was given without joining the person who replaced a party who died, lost capacity or ceased to hold their capacity.
Where a judgment was based on fraud by the opponent, a forged document, false testimony, or the opponent withholding a decisive document, time runs from the day the fraud came to light, the forgery was admitted or proven, the false witness was convicted, or the withheld document appeared. In enforcement disputes, the period is seven days from the date of the judgment if given in the parties' presence, or from its notification if given in the appellant's absence.
Which judgments can be appealed?
As a rule, any interested party may appeal first-instance judgments given within the court's original jurisdiction, and judgments in urgent matters whichever court gave them. The parties may agree, even before the claim is filed, that the first-instance judgment will be final.
Appealing final judgments by exception
Judgments given as final by the first-instance court may be appealed in specified cases:
- Breach of jurisdiction rules relating to public order.
- Nullity in the judgment, or nullity in the proceedings that affected the judgment.
- The judgment contradicts an earlier judgment that has not become res judicata, in which case the earlier judgment is deemed appealed by law if it had not become final when the appeal was filed.
In the first two cases the appellant deposits a guarantee of OMR 50 when filing the statement of appeal. One guarantee is enough where several appellants appeal in a single statement, the registry will not accept the statement without proof of the deposit, and the guarantee is not refunded if it is ordered to be forfeited.
How to file an appeal
- Through the platform: the appellant files the appeal personally or through their legal representative on the Court of Investment and Commerce platform; a legal person files through its authorised signatory or legal representative.
- Contents of the statement: it must identify the judgment appealed (its number, the court that issued it and its date), the names of the parties, the grounds of appeal and the requests, or it is void.
- Documents: the first-instance case file is linked and the first-instance judgment or its operative part attached, together with documents supporting the appeal, translated into Arabic if in another language. For a Supreme Court challenge, the appeal files are linked with a copy of the appeal judgment and the first-instance judgment.
- Registration: the statement goes to the competent appellate circuit, which is the one the first-instance circuit that issued the judgment reports to. See our map of Court of Investment and Commerce circuits by governorate.
The rules that apply before the first-instance court govern the appeal's procedure and judgments unless the law provides otherwise. The court fee for a commercial appeal is set by claim value using the same bands as first-instance claims, as explained in our article on Court of Investment and Commerce fees.
Challenges before the Commercial Circuit of the Supreme Court
The parties may challenge appellate judgments before the Supreme Court within thirty days in the following cases:
- The judgment is based on a breach of the law or an error in applying or interpreting it.
- There is nullity in the judgment, or nullity in the proceedings that affected the judgment.
- Any final judgment, whichever court gave it, that decided a dispute contrary to an earlier res judicata judgment between the same parties.
The start of the period follows the same rules as for appeals: the day after issue if the judgment was given in the parties' presence, and the day after notification in cases of absence from all hearings or interruption of proceedings. The Public Prosecutor may also challenge, in the interest of the law, final judgments that the law does not allow the parties to challenge, or that the parties did not challenge in time or waived their right to challenge.
Requirements for a Supreme Court filing
- It is filed electronically and signed by a lawyer admitted before the Supreme Court.
- It states the parties' names, titles, capacities and domiciles, the judgment challenged and its date, the grounds of challenge and the challenger's requests, or the challenge is void.
- The challenger files with it a memorandum explaining the grounds and the supporting documents, unless they are already in the case file.
- The registry will not accept the filing without proof of payment of the fee (OMR 100) and the guarantee. The Public Prosecutor, government bodies and anyone granted legal aid are exempt from both.
Because a Supreme Court challenge is limited to points of law and nullity, drafting its grounds is precise technical work; see when you need a lawyer at the Court of Investment and Commerce.
Petition for reconsideration
A petition for reconsideration may be filed against final judgments of the first-instance or appellate circuits in seven specified cases, including fraud by the opponent, a judgment based on forged documents or false testimony, obtaining after judgment decisive documents the opponent prevented from being produced, an award of something not requested or more than requested, and contradictions within the operative part of the judgment. The deadline is 30 days, running in some cases from when the fraud or document came to light; the fee is OMR 50, and it is filed with the court that issued the judgment.
Post-judgment requests: correction, interpretation and omitted claims
- Correction: the court corrects purely clerical or arithmetical errors on its own initiative or at a party's request, without a hearing (Article 178 of the Civil and Commercial Procedure Law). A correction decision may be challenged if the court exceeded its power to correct, but a refusal to correct cannot be challenged on its own.
- Interpretation: a party may ask for clarification of ambiguity in the operative part of the judgment. The interpretation judgment completes the original judgment and is subject to the same rules of challenge. The fee is OMR 10.
- Omitted claims: if the court failed to decide some substantive requests, the interested party summons the opponent to appear before it so that they can be decided. The fee is OMR 10.
- Stay of enforcement: a request to stay enforcement can be filed on the platform for a fee of OMR 10, and a petition for reconsideration may include a request to stay enforcement of the judgment.
Practical tips so you do not miss the deadline
- Count the period from the day after the judgment, and do not wait for the reasoned copy if the judgment was given in the parties' presence.
- Monitor the court platform and your registered email and phone, as judgments and notices are received electronically.
- Prepare the grounds of appeal early while the case is being heard, especially in urgent matters and enforcement disputes where the period is only 7 days.
- Make sure a Supreme Court filing is signed by a lawyer admitted before that court, and that the fee and guarantee are paid before submitting.
For the overall length of a case through its stages, see how long a commercial case takes in Oman.
How our office can help you challenge a judgment
Dr. Abdullah Al Rashdi Office, Advocates and Legal Consultants, reviews the judgment as soon as it is issued, identifies the right route and deadline for challenge, prepares the statement of appeal or the Supreme Court filing and its grounds, and pleads before the appellate circuits and the Commercial Circuit of the Supreme Court as part of our commercial litigation and court representation services.
If a judgment has been issued in your commercial case, do not wait: contact us on WhatsApp, call +968 92000841, or visit our office at Bait Al Hamad, third floor, Al Khuwair, Muscat, near Takaful Oman Insurance and Bank Muscat, opposite the Ministries area.
Frequently asked questions
What is the appeal deadline at the Court of Investment and Commerce?
Fifteen days in commercial cases, and seven days in urgent matters, orders on petition and enforcement disputes, generally running from the day after a judgment given in the parties' presence.
What is the deadline for a Supreme Court challenge in commercial cases?
Thirty days from the day after the appellate judgment is issued if given in the parties' presence. The challenge is accepted only if signed by a lawyer admitted before the Supreme Court.
Can enforcement dispute judgments be challenged before the Supreme Court?
According to the table of periods in the guide, the appeal deadline for enforcement dispute judgments is 7 days, and there is no Supreme Court challenge in them.
What if the appeal deadline has passed?
The right to appeal is lost and the judgment becomes final, leaving only the exceptional routes the law allows in specified cases, such as a petition for reconsideration. That is why a judgment should be shown to a lawyer as soon as it is issued.
This article is general information based on the unified procedural guide to litigation before the Court of Investment and Commerce. It does not replace the legislation in force and is not legal advice on a particular case. Because the deadlines are short, we recommend showing the judgment to a lawyer on the day it is issued.