"How long will the case take?" Every trader asks before deciding to sue, because in business time is money, and the traditional answer of "years" deterred many from claiming their rights. The Court of Investment and Commerce introduced a procedure with set deadlines at every stage. This article explains the stages of a case before the Court and the time allowed for each, as set out in the Unified Guide issued by the Supreme Judicial Council, estimates the overall duration, and explains what speeds a case up or slows it down.
Stage 1: Filing and review
- After you submit on the platform you receive a request number, and the case preparation office, which works around the clock seven days a week, reviews it.
- If anything is missing, the filing is returned and you have 10 days to complete it, or it is treated as void.
- Once the review is complete you pay the fee and the filing becomes a registered case.
With a complete file this stage can be very quick. See our guide to filing a case online step by step.
Stage 2: Exchange of pleadings
A key feature of the Court is that pleadings are exchanged in writing and online before any hearing, within set periods:
- Notifying the defendant: within 3 working days at most of registration.
- Defendant's reply: within 15 days of notification. If there is no reply, this stage ends and the case is referred to the court.
- Claimant's response: within 15 days of being notified of the reply, which must be notified within 3 working days at most.
- Defendant's rejoinder: within 10 days of notification.
When these periods end, or expire without a reply, the case is referred electronically to the competent circuit on the first day after the procedures end.
Stage 3: Hearings and judgment
- The court has 15 days from referral to set a hearing, or 10 days to issue a preliminary ruling such as appointing an expert.
- The court has 90 days to give judgment once a hearing is set, extendable by 45 days for reasons it considers justified.
If the court appoints an expert
In construction, accounting and technical disputes the court often appoints an expert, who has 60 days to file the report, extendable by 15 days on request for serious reasons. The report often decides the dispute, so it needs close follow-up. See how to sue a contractor in Oman for the role of experts in construction cases.
How long does a first-instance case take overall?
Adding up the procedural periods gives the following estimate. These are procedural ceilings; actual timing can be shorter or longer depending on the case:
- Exchange of pleadings: about 40 days if each party uses its full period, plus notification days.
- Referral and setting a hearing: up to 15 days.
- Judgment: up to 90 days, or 135 days with the extension.
- Expert, if any: up to 75 additional days.
So a case that needs no expert may reach a first-instance judgment within a few months, a major change from the timescales litigants were used to.
After judgment: deadlines to challenge
- Appeal: within 15 days, or 7 days in urgent matters and objections to petition orders, before appellate circuits of three judges.
- Challenge before the Commercial Circuit of the Supreme Court: within 30 days, before five judges.
- Petition for reconsideration: within 30 days in the cases set by law.
Time generally runs from the day after a judgment given in the parties' presence, and from notification in specified cases, such as where the losing party missed every hearing without filing a memorandum.
What speeds up your case?
- A complete file from the start: every gap sends the filing back and costs time.
- Entering every claim accurately: an incomplete filing is treated as void and must be refiled.
- Responding on time: and not waiting for the last day of each period.
- Choosing the fastest route: such as a payment order for debts proven in writing, or urgent applications where needed.
- Openness to settlement: many commercial disputes settle after the exchange of pleadings or the expert's report.
Frequently asked questions
How long does a commercial case take in Oman?
Before the Court of Investment and Commerce, each stage has set periods: about 40 days for pleadings, 15 days to set a hearing, 90 days for judgment extendable by 45, and 60 days for an expert if appointed. A case without an expert may therefore reach first-instance judgment within a few months.
How long does the defendant have to reply?
Fifteen days from notification of the statement of claim.
What if the defendant does not reply?
The pleadings stage ends when the period expires and the case is referred to the court without waiting.
What is the appeal deadline?
Fifteen days, or seven days in urgent matters and objections to petition orders.
Source: the Unified Guide to Litigation Procedures before the Court of Investment and Commerce, issued by the Supreme Judicial Council. Periods are as stated in the guide at the date of publication; they are procedural periods and actual timing varies with each case.
To keep your case on schedule from filing to enforcement, see our commercial litigation lawyer service or contact Dr. Abdullah Al Rashdi Office on WhatsApp or +968 92000841.