Litigation disclosure in Oman: what to expect

Oman follows a civil-law procedural model. In most civil and commercial disputes, there is no general duty to search for and disclose all documents relevant to the issues (including adverse material), as is common in the UK/US. Instead, each party typically advances its pleaded case and files the documents it chooses to rely on, and the evidential record develops through the written memoranda and any court-directed steps.

The Evidence Law provides a limited, document-specific mechanism to seek production of identified documents from an opponent. It is not a category-based disclosure regime.

A party may request production of a “productive” document held by its opponent where:

• the law permits requiring or delivering the document in the circumstances;
• the document is “common” between the parties (for example, it records their reciprocal rights/obligations); or
• the opponent has relied on the document at any stage of the proceedings.

The applicant must describe the document (and, as far as possible, its contents), identify the fact(s) it is intended to prove, and provide indications supporting that the document exists and is held by the opponent, together with the basis for compelling production. Courts generally expect requests to be precise and limited to identified documents, not broad categories.

If the conditions are met and the opponent admits that the document exists and is in its possession (or remains silent), the court may order production immediately or by a specified date. If the opponent denies existence or possession, the requesting party may be required to prove the document exists; if it cannot do so, the court may direct an oath in the form contemplated by Article 21. If the opponent does not produce the document by the deadline, or refuses the oath, Article 21 contemplates that the court may treat any copy produced by the requesting party as matching the original; if no copy exists, the court may accept the requesting party’s description of the document’s form and contents.

The court may facilitate access to documents held by others, including by permitting a third party to be joined for the purpose of producing a document (or an official copy), and by requesting information/papers from administrative bodies where necessary for the conduct of the case, subject to public-interest constraints and other applicable legal limits.

Where a party files a document to rely on it, Article 23 restricts withdrawal without the opponent’s consent, save with written permission of the judge/presiding judge after preserving a certified copy in the case file.

Where the court appoints an expert, the mandate commonly involves collecting and reviewing the technical record needed to answer the court’s questions. The expert sets a start date and invites the parties to attend meetings. Parties may ask the expert (within the scope of the mandate) to request specific documents, data or clarifications from the other party and, where relevant, to seek access to third-party records needed for the mission.

If a party fails to attend, fails to provide documents, or otherwise obstructs or delays the mission, the expert will usually record that in the minutes and may ask the court to apply procedural measures under the Civil and Commercial Procedure Law framework (including, where applicable, the fine/steps mechanism under Article 101), subject always to the court’s directions and discretion. However, if the other party denies that the document exists or says it is not in its possession, there may be no document to compel through the expert process; the expert will typically record the position and proceed on the basis of the material available, without treating the non-production itself as determinative.

The expert typically deposits the documents received with the expert report when filing it with the court. Expert work is also subject to the applicable regulatory framework issued by the Ministry of Justice and Legal Affairs.

Under the Oman Arbitration Law, parties generally exchange the submissions and documents they file, and tribunals may request originals of evidence relied upon. The framework supports tribunal case management and proceeding in default where a party fails to attend or submit required documents. It does not create a general obligation to search for and disclose helpful and adverse documents. Where evidence is in the hands of a non-party, court support may be required; under Article 37 (as amended), the tribunal may request the President of the competent court to support specified evidence-taking measures.

• Build the evidential record early: assume you may not be able to “get it later”.
• Use Article 20 as a precision tool: identify the document, the fact it proves, why it is with the opponent, and the statutory gateway.
• Avoid category requests: courts generally expect document-specific applications.
• Plan for the Article 21 sequence: denial, proof of existence, oath, and the non-production consequences.
• Use the expert process strategically (where appointed): route targeted requests through the mandate and ensure non-cooperation is recorded.
• In arbitration, expect exchange of filed materials and tribunal control over originals; for non-party evidence, plan for potential court support.

• Law of Evidence in Civil and Commercial Transactions (Royal Decree 68/2008), Articles 20–23 and 86–100.
• Civil and Commercial Procedure Law (Royal Decree 29/2002), Article 101.
• Arbitration Law in Civil and Commercial Disputes (Royal Decree 47/1997, as amended by Royal Decree 3/2007), Articles 30(3), 31, 35 and 37.
• Ministry of Justice and Legal Affairs Decision No. 52/2022 (Regulation Organising Expert Work).

• Preserve key documents early (contracts, correspondence, approvals, payment records) and keep originals accessible.
• If a missing document is case-critical, consider a tightly scoped Evidence Law Article 20 request, supported by indicia of existence/possession.
• If an expert is appointed, use the expert meetings and minutes to route targeted requests and record any non-cooperation.
• In arbitration, expect exchange of filed materials; plan early for any non-party evidence that may require court assistance.