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Legal issue
The award must itself demonstrate the tribunal’s authority; omission of the required arbitration-agreement text may cause nullity and cannot be cured by material elsewhere in the case file.
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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.
The text of the arbitration agreement must be included in the award as an essential statement enabling verification that the award was made within the authority derived by the tribunal from that agreement. Its omission defeats the purpose of the mandatory statement and leads to nullity. The award must itself demonstrate compliance with the conditions of validity; a missing essential statement cannot be supplied by another document, such as procedural-session minutes filed in the case record.
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Applicability
This principle must be read with Challenge 1144/2018 (B), which states an exception for an arbitration clause in the underlying contract. This record covers only the published agreement-text principle; other headnotes from Challenge 467/2020 and the full judgment are not included.
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Related instruments
- Arbitration Law in Civil and Commercial Disputes, Royal Decree No. 47/1997
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