 | | Prior to 1971 the Sharia Courts had the jurisdiction to decide on civil and criminal matters, in addition to personal status matters. His Majesty Sultan Qaboos ushered in a new era of judicial and administrative reforms in the judicial system in the Sultanate. The legal order of the Sultanate of Oman has been largely codified in the Basic Statute of the State promulgated by RoyalDecree101/96. Legislation in the Sultanate of Oman consists of two types namely primary legislation and secondary legislation. Primary legislation is the one promulgated by and known as the Royal Decree and published in the official gazette. Secondary legislation is one issued as Ministerial Decisions and Implementing Regulations based upon specific powers delegated in the Royal Decrees to the concerned executive body or Ministry. They are also published in the official gazette. Like other Arab countries, Oman can be considered having civil law jurisdiction and business law purposes are guided by commercial and other acts. Jurisdiction for deciding on disputes in commercial matter was earlier vested with the authority known as “The Authority for the Settlement of Commercial Disputes (ASCD). The Royal Decree 13/97 brought changes in the name, structure and powers of the ASCD, which, there in after came to be designated as Commercial Courts. These courts comprises of a three tier hierarchy, with Supreme Court in Muscat, Six Courts of Appeal at Muscat, Nizwa, Sohar, Ibra, Ibri and Salalah & and about 45 Primary Courts respectively in the descending order of authority. With the promulgation of the Royal Decree No: 90/99 came into effect the Judicial Authority and the formation of the Supreme Court exercising appellate or cassatory jurisdiction over all other courts in the country. An important innovation was the introduction of summary courts with jurisdiction to try and settle claims up to R.O. 15,000 only. Claims exceeding R.O.15, 000 are to be tried and settled by primary courts or circuit of first instance. With the promulgation of the Royal Decree 13/97 all government bodies, departments, authorities, general establishments comes within the purview and ambit of the jurisdiction of Courts.
Legal fraternity comprises of both Omani nationals as well as lawyers from other Arab countries. Arab lawyers who are registered as members of the respective Bar Councils of their state are permitted under license to represent and plead cases before Omani Courts. This will also be subjected to vast change as the Royal Decree stipulates the year 2008 as cut off date for non-Omani lawyers to register themselves and practice as lawyers in Oman. An important phenomenon is the presence of non-Arabic speaking lawyers in the Sultanate, who usually serve as legal consultants/in-house lawyers in Omani Law Firms. There are also quite a few foreign Law firms established in association with lawyers of Omani origin. |  |