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Legal issue
Where the agreement takes the form of an arbitration clause in the underlying contract, omission of its text from the award does not by itself invalidate 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.
If the arbitration agreement takes the form of an arbitration clause, it need not be reproduced in the award, and omission of its text does not invalidate the award. The arbitrator’s authority under such a clause encompasses disputes relating to the underlying contract, so the clause need not be repeated in the award.
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Applicability
This is a narrow exception for an arbitration clause in the underlying contract. It does not displace other mandatory award requirements and must be read with Challenge 467/2020 so that the general rule and exception are not presented as contradictory.
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Related instruments
- Arbitration Law in Civil and Commercial Disputes, Royal Decree No. 47/1997
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