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وزارة الاقتصاد الوطني - MainIndex

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       Main Indicators                 2007
Gross Domestic Product Prices (Mn.R.O)

15512

Total Government Expenditure  (Mn.R.O) 5371.9
General Price Index

111.4

Average Daily Production of Oil (000) BBL

710.4

National Manpower in Private Sector (No.)

131775

Total Internet Subscribers (No.)

101890

 

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Sultanate of Oman - Ministry of National Economy - StratigicProjectsIndex



THE LAW FOR THE REGULATION AND PRIVATISATION OF THE ELECTRICITY AND RELATED WATER SECTOR    

Sultanate of Oman - Ministry of National Economy - Privatization Water Electricity 6

Part

 Introduction  |  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8

  Part VI : Disputes and Appeals

 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.

 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.

 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.
 

 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.
 

 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.
 

 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.
 

 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.

 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.

 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.

Part

 Introduction  |  1  |  2  |  3  |  4  |  5  |  6  |  7  |  8




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