A legal analysis of the development of arbitration in Oman with special reference to the enforcement of international arbitral awards

摘要

In our time, international arbitration is increasingly considered as the most effective dispute settlement mechanism, and hence a necessary tool for promoting international trade and investment. Thus, treaties and laws have been adopted, and specialised institutions have been set up, in order to facilitate and improve the functioning of arbitration. In Oman, alongside the modernisation of the legal system, since 1984, there has been a progressive trend towards the codification of arbitration and adoption of advanced arbitration laws, such as Decree 47/1997 on the Arbitration Law and Decree 29/2002, a part of which is on the enforcement of awards, whether domestic, international or foreign. Oman has also joined various important international and regional conventions on arbitration, such as the Washington Convention and particularly the New York Convention on the enforcement of foreign awards. At the regional level, Oman adopted the Charter of the GCC Commercial Arbitration Centre, co-founding the Centre, whose awards are enforceable in all GCC states. A thorough examination of the Omani law of arbitration and case law shows that, under the law, arbitration is a regulated and reliable method of dispute resolution resulting in binding and enforceable awards, with a limited scope for court intervention. The law recognises foreign arbitration, and, to some extent, treats it more favourably, compared to domestic arbitration. It has also a pro-enforcement approach, particularly with regard to international and foreign awards. The present study not only has a developmental perspective, whereby discussing the development of arbitration law in Oman, during the last four decades, but also follows a comparative approach. Hence, various aspects of the Omani arbitration law are compared with international conventions and model laws on arbitration, as well as with arbitration laws of some other Arab and GCC states, particularly Egypt, on whose law the Omani law of arbitration is mainly modelled. It is also assessed what impact the Islamic jurisprudence has had on the arbitration law of Oman.