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Foreign clients seeking to enforce international court judgments in Oman often wonder: Is Oman ready to recognize foreign judgments? A recent ruling by the Muscat Court of Appeal answers with a clear "yes", provided the foreign judgment meets the legal requirements under Omani law.
In a significant decision issued in June 2024, the Court of Appeal cancelled the lower court's decision and allowed the Dutch judgment to be enforced.". The judgment sends a strong signal that Oman's judiciary respects international legal reciprocity — even without a treaty.
- No Treaty Required – Legislative Reciprocity Is Enough
One of the main reasons the lower court had rejected enforcement was the absence of a judicial cooperation treaty between Oman and the Netherlands. However, the Court of Appeal rightly found this reasoning incorrect.
Under Omani law, foreign judgments can be enforced if there is reciprocity — meaning that both countries generally recognize and enforce each other's court decisions. A formal treaty is not required; it is enough to show that the other country's courts usually accept foreign judgments. In this case, the Court of Appeal relied on a 2014 ruling from the Dutch Supreme Court, which confirmed that Dutch courts enforce foreign judgments even without a treaty. This was sufficient to meet the reciprocity requirement under Omani law.
This clarification is especially important for international clients: You do not need a treaty to enforce your judgment in Oman — you need evidence that your country enforces foreign judgments in a similar way.
- Finality of Foreign Judgments Is Determined by the Foreign Law
Another critical issue was the lower court's conclusion that the Dutch judgment was not final. The Court of Appeal corrected this error by affirming an important principle: the finality of a judgment must be assessed according to the law of the issuing country.
The appellant submitted evidence from Article 143 of the Dutch Civil Procedure Code, which provides that a default judgment becomes final after eight weeks if the defendant fails to object. Since the defendants in Oman were properly served and did not object within that period, the judgment became final under Dutch law.
This approach is in line with international practice: Omani courts respect the legal effects and procedures of the International Legal System
Our Firm's Role
Bait Al Qanoonsuccessfully argued both points before the Muscat Court of Appeal. We demonstrated that legislative reciprocity existed with the Netherlands and that the Dutch judgment was final under applicable Dutch law. The court accepted our arguments and ordered full enforcement of the judgment.
This case reflects the importance of building a legally solid and well-documented application when seeking enforcement of a foreign judgment in Oman.
Why This Matters for Foreign Clients
This case offers key takeaways for international businesses and investors:
- Oman enforces foreign judgments even without a treaty, as long as reciprocity is demonstrated.
- Finality is determined by the law of the issuing country, not Omani procedural rules.
- Well-prepared legal submissions can reverse initial rejections and lead to full enforcement in appeal.
This judgement reinforces Oman's commitment to International Legal Cooperation and gives foreign parties confidence that their rights can be protected and enforced in Oman.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
