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Legal issue
An arbitration clause in the general conditions of an insurance policy was held invalid because it was not set out in a separate specific agreement.
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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 insurance company relied on an arbitration clause contained in Clause 17 of the policy’s general conditions. Because the clause was not set out in a separate specific agreement independent of those general conditions, the Supreme Court treated it as invalid under Article 58 applied in the published principle.
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Applicability
The holding concerns a particular policy form and Article 58 in the version applied by the Court. The insurance class, method of concluding the clause, later statutory changes and current arbitration agreement must be checked; this is not a general ban on insurance arbitration. The record is not a full judgment translation.
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Related instruments
- Article 58 of the insurance legislation in the version applied by the Court
- Arbitration Law in Civil and Commercial Disputes
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