Arbitration

Arbitration is a way of resolving disputes outside the courts, where the parties agree to submit their dispute to an arbitrator or tribunal whose award is binding. Many companies choose it for commercial and construction contracts because it offers confidentiality, procedural flexibility, and the ability to choose arbitrators with expertise in the subject of the dispute.

What this area covers

  • Drafting arbitration clauses and stand-alone arbitration agreements.
  • Representing parties in institutional arbitration, such as before the Oman Commercial Arbitration Centre, and in ad hoc arbitration.
  • Preparing statements of claim, defence submissions and evidence.
  • Applications for interim and conservatory measures.
  • Claims to annul arbitral awards.
  • Enforcement of domestic and foreign arbitral awards in Oman.

The arbitration clause decides a lot

The strength of an arbitration starts with how the clause is drafted: the number of arbitrators and how they are appointed, the seat and language of the arbitration, and the procedural rules that apply. A vague clause can lead to a further dispute about the tribunal’s own jurisdiction before the main disagreement is even reached. That is why we review arbitration clauses when contracts are signed, not only when a dispute arises.

Is arbitration right for you?

Arbitration is not the best option for every dispute. It usually suits disputes that are technically complex, where confidentiality matters to both parties, or where one party is from outside Oman. But it can cost more than litigation in smaller disputes, because the parties pay the arbitrators’ fees and the institution’s charges. We help you weigh this when drafting the contract and when considering whether to start an arbitration.

During and after the arbitration

We prepare the case file with its evidence, witnesses and expert reports, and represent the client at hearings. After the award is issued we follow its enforcement, or challenge it by annulment in the cases the law allows. From the start of a project, parties should keep an organised record of correspondence, minutes and change orders, because these become the main evidence in any later arbitration.

Documents that help us assess your matter

  • The contract containing the arbitration clause.
  • Correspondence about the dispute.
  • Any notice of arbitration you have received.
  • Technical and financial documents relating to the project or transaction.

Branches and booking

We advise on arbitration at our branches in Sohar, Muscat and Al Buraimi. Book your appointment at the branch nearest to you.