You have a judgment from a court in another country, or an arbitral award issued in London, Dubai or Cairo, and the debtor has assets in Oman. Can you enforce it in Oman, on what conditions, and before which court? These questions matter to every investor and company dealing across borders. This article explains how foreign judgments and foreign arbitral awards are enforced in Oman, what the judge checks, and the conventions that make enforcement easier.
A foreign judgment is not enforced automatically
A judgment from a court outside Oman cannot be enforced directly; an enforcement order must be obtained from the Omani courts. According to the guide of the Court of Investment and Commerce, an "order to enforce a foreign judgment" is among the main first-instance matters of the Court of Investment and Commerce in commercial and investment disputes, with the circuit set by value. The fee for enforcing foreign judgments and orders is OMR 300 under the fee schedule.
Conditions for enforcing a foreign judgment
Enforcement is governed by the Civil and Commercial Procedure Law issued by Royal Decree 29/2002 (Article 352), which requires that:
- The judgment was issued by a competent judicial authority under the rules of international jurisdiction.
- The judgment is final under the law of the country where it was issued.
- The parties were properly notified and represented in the proceedings.
- The judgment does not contain anything contrary to Omani law, public order or morals.
- It does not conflict with an earlier Omani judgment.
- Reciprocity: the country where it was issued accepts the enforcement of Omani judgments.
The court does not re-examine the merits; it checks that these conditions are met.
Conventions that make enforcement easier
- The GCC Convention on the Enforcement of Judgments, Letters Rogatory and Judicial Notices: each member state recognises the judgments of other member states' courts on the stated conditions, making GCC judgments easier to enforce in Oman.
- The Riyadh Arab Convention on Judicial Cooperation: governing recognition of judgments between Arab member states.
- Bilateral treaties Oman has concluded with certain countries.
Where a convention applies, its rules govern and enforcement is usually smoother than relying on reciprocity alone.
Enforcing foreign arbitral awards
Oman joined the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1999, so awards made in member states are enforced on its terms, and enforcement may be refused only on limited grounds such as an invalid arbitration agreement, breach of the right to be heard or conflict with public order. The Omani courts issue the enforcement order, and the guide of the Court of Investment and Commerce lists "commercial arbitral award" and "annulment of an arbitral award" among the matters of its appellate circuits.
Awards made in Oman are governed by Arbitration Law 47/1997 and, in principle, enforcement is not sought before the deadline for an annulment action has passed. See commercial arbitration in Oman.
Steps to enforce a foreign judgment in Oman
- Assess the judgment: is it final, is there a treaty between the two states, is there reciprocity?
- Prepare the documents: an official copy of the judgment, proof of finality and of service on the losing party, with the necessary legalisation and a legal Arabic translation.
- Apply for an enforcement order before the competent court through its online platform.
- Once the order is issued: an enforcement file is opened and attachment of the debtor's assets requested, as with any domestic enforcement.
Think about enforcement before litigating abroad
If your counterparty has assets in Oman, consider where you will enforce before choosing where to sue. Suing directly in Oman, or choosing arbitration seated in a New York Convention state, may be quicker than obtaining a foreign judgment and then seeking to enforce it.
Frequently asked questions
Can a UAE or Saudi judgment be enforced in Oman?
Usually yes, under the GCC enforcement convention and its conditions, such as finality, a competent court and no conflict with public order.
Will the Omani court re-examine the merits of a foreign judgment?
No. It checks only the conditions for enforcement, such as jurisdiction, finality, proper service, reciprocity and public order.
What is the fee to enforce a foreign judgment?
OMR 300 according to the fee schedule in the Court of Investment and Commerce guide.
Are foreign arbitral awards enforced in Oman?
Yes. Oman has been party to the New York Convention since 1999 and enforces foreign awards on its terms.
Sources: the Civil and Commercial Procedure Law issued by Royal Decree 29/2002, Arbitration Law 47/1997, the New York Convention and the Unified Guide to Litigation Procedures before the Court of Investment and Commerce, as at the date of publication.
If you hold a foreign judgment or arbitral award to enforce in Oman, see our judgment enforcement and commercial arbitration services or contact Dr. Abdullah Al Rashdi Office on WhatsApp or +968 92000841.