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Legal issue
The published principle equated the tribunal’s exclusion of the parties’ contract with exclusion of the law they had agreed and linked that failure to annulment of the award.
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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.
Under Article 53(e) of the Arbitration Law, an action to annul an award may be admitted where formation of the tribunal or appointment of arbitrators contravened the law or the parties’ agreement. The Supreme Court stated that excluding application of the parties’ contract is equivalent to excluding their agreed law because the contract binds its parties; an award exceeding those bounds is subject to annulment.
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Applicability
The short published principle links the contract, agreed law and Article 53(e), but does not disclose the full facts or scope of judicial review. The contract, arbitration agreement, governing law and exhaustive annulment grounds must be examined. This is not a full judgment translation.
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Related instruments
- Arbitration Law in Civil and Commercial Disputes, Article 53(e)
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