Frequently Asked Questions

Commercial arbitration is a private dispute-resolution process based on an arbitration agreement between the parties. The procedure, tribunal and applicable rules depend on the arbitration clause, governing framework and circumstances of the dispute.

Read full answer: What is commercial arbitration?

Yes. FALC's published experience includes arbitration work under international arbitration frameworks and Omani-law issues arising in significant commercial disputes.

Read full answer: Does FALC handle international arbitration?

Court litigation proceeds through the state court system, while arbitration derives from the parties' agreement to submit specified disputes to arbitration. Procedure, confidentiality, tribunal selection, appeal or challenge mechanisms and enforcement can differ materially.

Read full answer: What is the difference between arbitration and court litigation?

The appropriate clause can depend on the transaction. Issues may include the arbitration rules, seat, governing law, language, number of arbitrators and scope of disputes covered, and the clause should be drafted for the particular contract.

Read full answer: What should companies consider when drafting an arbitration clause?

The seat is the legal home of the arbitration and can affect the procedural law governing the arbitration and the courts with supervisory jurisdiction. It is different from the physical location where hearings happen.

Read full answer: What does the seat of arbitration mean?

Yes. International disputes often involve both arbitration specialists and lawyers qualified in the relevant national laws. FALC's practice includes acting as Omani counsel in arbitration matters.

Read full answer: Can Omani lawyers work alongside international arbitration counsel?

There are circumstances in which an arbitral award may be challenged or annulled, but the grounds and procedures are legally specific and generally limited. Advice should be obtained on the particular award and applicable framework.

Read full answer: Can an arbitral award be challenged?

Enforcement depends on the award, its origin, applicable law and procedural requirements. The award and underlying arbitration documents should be reviewed before conclusions are reached about enforceability.

Read full answer: Can an arbitration award be enforced in Oman?

Early legal involvement can help assess jurisdiction, claims, defences, evidence, contractual notices, interim measures, settlement options and the procedural strategy before significant positions are taken.

Read full answer: Why involve dispute lawyers before arbitration begins?

Yes. The firm's published experience includes court proceedings concerning arbitral awards, including annulment-related work.

Read full answer: Does FALC advise after an arbitration award has been issued?