The eligibility of parties to deprive the court of its jurisdiction in the Omani law

Abstract

The research deals with one of the topics of private international law, which is the issue of judicial jurisdiction. Judicial jurisdiction means the extent of the court's right to consider a dispute directed to it, and some refer to it as the court's jurisdiction over a dispute. Through this research, the researcher refers to some issues through deduction, study, and extrapolation of texts, rulings, judicial verdicts, and their changes.

In this research, we address a number of topics, through a number of subjects. The first one relates to judicial jurisdiction, in which we address three branches: what is the legal classification, the possibility of waiving judicial jurisdiction, and finally the effects. It is followed by the second subject, which is entitled Comparative Systems, and it has two branches: the first is legislation and the second is the judiciary and scholars opinions. Finally, the third topic, which will be focused on, is the direction of the Omani legislator in the issue of depriving jurisdiction, and it has three branches: the first branch is legislation, the second branch is jurisprudence and the judiciary, and the third branch is practical applications.

The aim of the research is to deduce the direction of the Omani legislator in the issue of allowing the parties to the contract to deprive the competent court of jurisdiction to consider their dispute. And how is the legislator’s approach to this issue interpreted in the absence of an explicit text? Is it permissibility or prohibition, or did he take a neutral position?