الملخص الإنجليزي
This study aims to improve and strengthen the Sultanate of Oman's
arbitration system by highlighting instances of invalid arbitral awards and
their forms so that arbitrators can avoid them during the arbitration
proceedings or when drafting arbitration agreements. And it also aims to
highlight the legislative deficiencies regarding the issue of permissibility of
return to arbitration again with the same arbitration agreement, and to
bring that to the Sultanate of Oman's legislators' attention.
Where the researcher identified the research issues, which relate to the
scope of the permissibility of returning to arbitration again with the same
arbitration agreement after the arbitration ruling has been awarded, and
the scope of filing a lawsuit while an arbitration provision is present in this
case.
I have adopted the comparative analytical descriptive approach to
examine the subject and highlight its essential features. The thesis is
divided into the following sections:
The introductory topic: the concept of the arbitration award, and its
effects.
The First Research: Scope of the arbitration agreement after the
invalidity of the arbitration award has been adjudged due to a reason
related to the arbitration agreement.
Chapter (1) : Instances of invalidity of the arbitral award based on the
arbitration agreement.
Chapter (2): the scope of the permissibility of returning to arbitration once
again after the invalidity of the arbitration award has been adjudged due
to a reason related to the arbitration agreement.
The need to amend some provisions of the Oman Arbitration Law in Civil
and Commercial Disputes issued by Royal Decree No. (47/1997) is one
of the study's most notable findings. The most significant of these
amendments is the addition of a provision to address the legislative
shortcomings of the practical issue – which the study has addressed.
