الرقابة القضائية على حكم التحكيم التجاري في القانون العماني

الملخص EN

If the control over the judicial ruling is achieved only by appealing it to a higher court than the court that issued it with the aim of verifying its validity and ensuring the effectiveness of its implementation, then monitoring the arbitration award aims to verify the validity of all measures taken in the commercial arbitration process, starting with The parties agree to resort to it, until the arbitrator’s ruling is issued and executed.

The judiciary shall have control over the work of the arbitrators prior to the adjudication of the issue of the dispute, and subsequent control over the adjudication of it, and the latter is divided into judicial control through the nullity lawsuit of the arbitration award and control by order of implementation, which will be covered by the subject of this research.

Therefore, the Omani legislator gave the right to the party against whom the arbitration award was issued to file a lawsuit for its nullity, in the event that the arbitration award was defective by a defect stipulated in Articles (52-54) of the Arbitration Law in Civil and Commercial Disputes.

Arbitration is subject to the oversight of the Omani judiciary, as Article (58) of the same law deals with cases in which it is not permissible to accept the implementation of the arbitration award or the order to implement it.

To cover the topic of this research, it has been divided into two sections: The first: What is the arbitration award, and the second: Judicial oversight over the arbitration award.

The researcher also reached a number of findings and recommendations at the conclusion of the research.