الملخص الإنجليزي
The issuance of the Omani Arbitration Law is a big step towards codifying another means of resolving disputes, which stands by the judiciary. However, the provisions of this law are not devoid of some shortcomings here or there, which were represented in the failure to specify the areas of arbitration, the repetition of some procedures in violation of the principle of economy in procedures, and the ambiguity The legislator’s point of view in arguing that the claim is not accepted due to the existence of the arbitration agreement, adding some conditions to the arbitrator in keeping with the circumstances of the times, and amending some procedures for the arbitrator’s response, in line with the rule (a person may not be an opponent and an arbitrator at the same time).
Also, the provisions of the arbitration law that dealt with cases of invalidity of the arbitral award should be reconsidered, formulated in a manner that achieves their integrity and consistency with each other, and limiting the causes of invalidity related to the arbitral award and stipulating them in one place, or making them just an example that does not fall under enumeration.
Also, some of the periods prescribed in this law should be shortened, especially with regard to the period for issuing the arbitration award and the period for filing an action for nullity.
The Omani Arbitration Law differentiated between the person against whom the judgment was awarded and the person against whom the judgment was issued, regarding the possibility of grievance against the order issued to implement the arbitral award, or the refusal to implement it. their procedural positions are equal. In this regard, the per son against whom an order to implement the arbitral award issued against him has been issued should be granted the right to complain about this order, in accordance with the principle of equality between the parties. In conclusion, the research has dealt with these shortcomings in the form of legal articles, which we appeal to the legislator to work on reconsidering and amending in line with the requirements of the current era.
