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Legal issue
Filing an annulment action does not stay enforcement; a stay may be ordered by the Court of Appeal hearing that action, not by the execution judge.
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Published principle
The Arabic text published by the Supreme Court is the primary source. The English translation was published by the Technical Bureau; Russian and Chinese are unofficial Smart Global Capital editorial translations.
This is a published legal principle—an extract selected by the Supreme Court of Oman Technical Bureau—not the full text of the judgment.
Article 57 of the Arbitration Law provides that an annulment action does not by itself suspend enforcement. Only the Court of Appeal hearing the annulment action may order a stay. Until it does so, the execution judge must reject a stay request. The published principle also states that Article 58(3) does not permit an objection to the order granting enforcement of the award.
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Applicability
An annulment action, recognition/enforcement application and available objections in each procedure must be distinguished. The current Arbitration Law and the particular court’s powers must be checked. This is an account of the published principle, not a full judgment translation.
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Related instruments
- Arbitration Law in Civil and Commercial Disputes, Articles 57 and 58(3)
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