Since the Court of Investment and Commerce began operating, one of the most common questions from traders and business owners is: can I file my case myself through the online platform, or must I appoint a lawyer? The answer depends on who you are, the value of your claim and the level of court. This article explains when a lawyer is mandatory under the Unified Guide to Litigation Procedures before the Court issued by the Supreme Judicial Council, and when a lawyer is optional but still protects your position.
When is a lawyer mandatory?
According to the guide, a claim before the Court of Investment and Commerce must be filed through a lawyer in two cases:
- An individual claiming more than OMR 30,000.
- A company claiming more than OMR 10,000.
In other words, a company needs a lawyer for much smaller claims than an individual. If your company is claiming OMR 12,000 in unpaid invoices, for example, the claim cannot be filed by its manager or in-house legal officer; a lawyer must file it.
Supreme Court challenges always need a lawyer
The Commercial Circuit of the Supreme Court is the third and final level for disputes heard by the Court of Investment and Commerce and sits with five judges. A challenge before it must be filed by a petition signed by a lawyer admitted to plead before the Supreme Court, together with a memorandum explaining the grounds and proof that the fee and security have been paid; otherwise the registry will not accept it. The deadline is thirty days.
When can you file yourself?
If your claim is below these thresholds, you can register it yourself on the Court's platform, choosing the capacity in which you file: in person, company manager, legal officer or lawyer. We explain the steps in our guide to filing a case online at the Court of Investment and Commerce. Being allowed to file yourself does not always make it the best choice, for the reasons below.
Why use a lawyer even when it is optional?
- Accurate registration: the case preparation office checks every filing. Data on the platform that does not match the statement of claim can lead to rejection; if not every claim in the statement is entered, the filing is treated as void; and if a filing returned for missing items is not completed within ten days, it is treated as void.
- Short deadlines: the defendant has fifteen days to reply, the claimant fifteen days to respond, and an appeal must be filed within fifteen days, or seven days in urgent matters. See how long a commercial case takes in Oman.
- Circuit and value: the claim value decides whether a single judge or a three-judge circuit hears the case and sets the court fees.
- Arbitration clauses: if your contract has an arbitration clause, the court may not be the right forum at all.
- Documents and translation: foreign documents must be submitted with Arabic translations, and each type of claim has core documents the guide expects.
- Experts and defence: many commercial cases are referred to an expert, and following the expert's work and answering the report needs technical and legal preparation.
How to appoint a lawyer
A lawyer is appointed by a power of attorney notarised by the Notary Public; the Court platform pulls the agent's details automatically from the notarial system. The lawyer then registers the case and handles the preparation stage, the exchange of pleadings and the hearings through to judgment and enforcement.
Legal aid and court-appointed lawyers
Where the law requires a case to be conducted through a lawyer and the claimant cannot afford one, they may apply online for legal aid, which can include a court-appointed lawyer and a fee waiver. Under the guide, the applicant's monthly income or pension must not exceed OMR 400, bank balances must not exceed OMR 1,000, they must not own more than two residential or agricultural properties, and they must not hold a commercial registration.
Frequently asked questions
Can my company file a claim without a lawyer?
Yes, if the claim does not exceed OMR 10,000, through the company's manager or legal officer. Above that, the guide requires the claim to be filed by a lawyer.
Above what amount must an individual use a lawyer?
An individual claiming more than OMR 30,000 must file through a lawyer.
Do I need a lawyer to challenge a judgment before the Supreme Court?
Always. The petition must be signed by a lawyer admitted before the Supreme Court, with a memorandum of grounds and payment of the fee and security.
What if the other party is a foreign company with no Omani commercial registration?
Where a party has no civil number, or the claim is against a company with no commercial registration in Oman, a request can be made to the Court to register the case through it or to allow registration through the electronic method in use.
Source: the Unified Guide to Litigation Procedures before the Court of Investment and Commerce, issued by the Supreme Judicial Council. Thresholds and procedures are as stated in the guide at the date of publication; the guide is indicative and does not replace the legislation in force.
If you have a case before the Court of Investment and Commerce, see our commercial litigation lawyer service or contact Dr. Abdullah Al Rashdi Office on WhatsApp or +968 92000841.