If you invest or do business in Oman, commercial arbitration is often the forum your contracts already point to. Dr. Abdullah Al Rashdi Office, Advocates and Legal Consultants, acts as an arbitration lawyer in Oman for companies, foreign investors and expatriate business owners, from Muscat and across the Sultanate, with over 20 years of experience.
When do you need a commercial arbitration lawyer?
- Your contract with an Omani partner, supplier or contractor contains an arbitration clause and a dispute has arisen.
- You have received a notice of arbitration or a request to appoint an arbitrator and need to respond in time.
- A shareholder or joint-venture dispute has arisen and the company documents refer disputes to arbitration.
- You are in a construction, supply, distribution or agency dispute with a counterparty in Oman.
- You hold an arbitral award, made in Oman or abroad, that you need to enforce against assets in Oman, or an award has been made against you.
Arbitration or the Omani courts?
Litigation in Oman is conducted in Arabic before the state courts under the Civil and Commercial Procedure Code, with rights of appeal. Corporate and business arbitration lets the parties choose their arbitrators, the language, the seat and the procedure; hearings are generally private, and the award is final and binding, open to challenge only through an annulment action on limited grounds. Arbitration is not always cheaper or faster, though, and we will tell you plainly which route suits your dispute.
How the firm helps
- Handling arbitration cases and disputes: representing claimants and respondents before arbitral tribunals and preparing claims, defences and evidence.
- Legal advice that protects your rights: assessing your position, the arbitration agreement and the governing law before you commit to proceedings.
- Deciding disputes as arbitrators: the office has legally accredited arbitrators who may be appointed by agreement of the parties, and extensive experience in party-agreed arbitration.
- Drafting arbitration clauses and submission agreements for commercial, investment and company contracts, covering the seat, language, number of arbitrators and applicable law.
- Enforcing arbitral awards in Oman, whether domestic or foreign.
- Annulment actions: bringing or defending actions to set aside an award on the grounds the law allows.
- Negotiated outcomes: where a settlement serves you better, mediation, settlement and reconciliation before or during the arbitration.
How we work with you
- Initial contact by WhatsApp, phone or email, with a short outline of the dispute.
- Review of the contract, arbitration clause and correspondence to confirm the seat, the rules and the tribunal's jurisdiction.
- A clear assessment of your options: settlement, arbitration or, if there is no valid arbitration agreement, litigation.
- Commencing or answering the arbitration, including the appointment of arbitrators.
- Submissions, evidence and advocacy at hearings.
- After the award: enforcement proceedings or an annulment action, as the case requires.
Documents to prepare
- The contract, its annexes and any separate arbitration agreement.
- Correspondence, emails and notices exchanged with the other party.
- Invoices, purchase orders, delivery records and statements of account.
- Your commercial registration and a power of attorney for the person representing the company.
- Any existing arbitral award or earlier decision in the dispute.
Frequently asked questions
What is commercial arbitration?
Commercial arbitration is a private way of resolving business disputes: the parties agree to refer their dispute to one or more arbitrators instead of the courts, and to accept the award as binding. Oman has a dedicated law on arbitration in civil and commercial disputes. For a deeper overview, read our article on commercial arbitration.
What is the difference between an arbitration clause and a submission agreement?
An arbitration clause is written into a contract before any dispute exists and covers future disagreements. A submission agreement is made after a dispute has arisen and refers that specific dispute to arbitration. Either way, the agreement must be in writing and made by someone with authority to bind the party concerned.
Can a foreign arbitral award be enforced in Oman?
Oman is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, so a foreign award can be enforced through an application to the competent Omani court, subject to the limited grounds for refusal, such as conflict with public order.
Can I appeal an arbitral award?
Not in the ordinary sense. An award made under Omani arbitration law cannot be appealed, but a party may bring an action to annul it on limited grounds, such as the absence of a valid arbitration agreement or a breach of the right to present its case. Strict time limits apply, so take advice as soon as the award is served.
Can the arbitration be conducted in English?
Generally yes. Arabic applies by default, but the parties may agree on another language, such as English, in the arbitration clause or later.
To discuss a dispute or an arbitration clause, message us on WhatsApp or call +968 9200 0841. You are also welcome at our office in Al Khuwair, Muscat: Bait Al Hamd, 3rd Floor, near Takaful Oman Insurance and Bank Muscat, opposite the Ministries.
