| Article 123: |
Without prejudice to a specific provision stipulated in this Law,
the Competent Omani Court shall have jurisdiction to decide on disputes arising
from the application of the provisions of this Law. |
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| Article 124: |
It shall not be permissible for any Person to initiate procedures for Judicial
claim against any of the Licensees or Exemption Holders by reason of the
violation of a condition of the Licence or Exemption or breach of the duties
imposed on any of them pursuant to the provisions of this Law except after
submitting the claim to the Authority to oblige the Licence Holder or Exemption
Holder to perform a duty or take whatever the Authority considers adequate to
remedy or eliminate the violation. |
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| Article 125 : |
The following Persons shall have the right to Appeal against the decisions
or measures issued by the Authority before the Competent Authorities pursuant to
the provisions of this Law and the legislation enforceable in the Sultanate of
Oman:
(a) Any applicant for, or Holder of, a Licence or Exemption;
(b) The Salalah Project Company;
(c) Any Person whose interest is affected by the decision or measure.
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| Article 126: |
The judgement, whether issued by the Court or the arbitration tribunal, on
the Appeal shall be issued containing its reasons and the Court or arbitration
tribunal, as the case may be, shall have the right to order the following:
(a) To oblige the government to pay the appropriate compensation in the event of
a decision issued relating to the seizure of assets pursuant to the provisions
of Article (122) of this Law, and the calculation of the compensation shall be
in accordance with the principles stipulated in the mentioned Article;
(b) Oblige the government or the Authority to issue, or abstain from issuing, a
decision or measure in conformity with the provisions of this Law, provided if
the matter relates to the imposition of a fine by a Court or arbitration
tribunal, the value of the fine shall not exceed the maximum limit determined by
the Authority.
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| Article 127: |
The Competent Omani Court shall have exclusive jurisdiction to consider the
following:
(1) Appeals made by an entity Wholly-owned by the Government;
(2) Appeals relating to decisions or measures that only affect a company or
companies Wholly-owned by the Government;
(3) Appeals against decisions or measures relating to Street-works.
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| Article 128: |
The Competent Omani Court or arbitration tribunal shall have exclusive
jurisdiction to consider the following Appeals:
(1) Appeals relating to decisions and measures issued by the Authority in
respect of determining Cost-Reflective Tariffs;
(2) Appeals relating to the seizure of assets pursuant to Article (122) of this
Law, including matters relating to the amount of compensation and/or payment.
The Appellant may not withdraw his decision to resort to the Court or
arbitration at his discretion.
The challenge of the jurisdiction of the entity chosen by the Appellate in this
case shall not be accepted.
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| Article 129: |
Without prejudice to the provisions of Articles (127) and (128) above, the
Appellate in Appeals other than those stipulated in the two Articles, may resort
to the Competent Omani Court or arbitration tribunals if the Value-test
condition is met. |
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| Article 130: |
The institution of an Appeal against a decision issued by the Authority shall
not result in the suspension of the decision unless the Appellate authority
decides to suspend the enforcement of the decision. |
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| Article 131: |
Any arbitration conducted pursuant to the provisions of this Law shall be in the
city of Muscat pursuant to the laws of the Sultanate of Oman, and in accordance
with the Rules of Arbitration of the International Chamber of Commerce as
amended, and the documents submitted to an arbitration tribunal shall be treated
as confidential or non-confidential according to the discretion of the
Authority. This is without prejudice to the right of the Courts and arbitration
tribunals to peruse such documents according to the law. |
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