Our Practice

Al-Hamad Legal Group's highly skilled staff of attorneys has experience in a wide variety of sectors and areas of practice.

Sectors

We work in the following sectors on a regular basis:

  • Telecommunications & Media
  • Technology & Innovation
  • Insurance
  • Healthcare
  • Funds & Investment Management
  • Energy & Resources
  • Emerging Companies
  • Consumer Goods & Retail
  • Real Estate
  • Private Equity
  • Industrials
  • Government
  • Financial Services
  • Construction
  • Banks
  • Transport & Logistics

Practice Areas

Our attorneys are heavily experienced in the following areas:

The often preferred and easiest method of doing business in the GCC is typically done by engaging a local agent or distributor. However, there are specific laws that are relevant to these relationships that may impact the rights and obligations of our Clients (regardless of whether they are the foreign principal or a local agent/distributor). Our experience in dealing with these relationships allow our Clients to be informed of the legal risks and provide our Clients with the flexibility of determining which business relationship is right for them and how to mitigate their concerns.

Our attorneys have drafted countless agreements in favor of local agents/distributors and foreign principals (respectively), weighing their personal interests and tailoring each agreement in a manner to place our clients in the most optimal position to achieve their commercial ambitions.

The laws of the GCC have evolved to protect local entities in their relationships with their foreign principals. In addition, other local pitfalls involving taxation and trademark issues may affect foreign principals wishing to do business in the region through an agent or a distributor, countless ancillary areas of law may very well be intertwined. The Firm has extensive experience in advising these principals with respect to all of these matters.

Our practice in this area includes drafting and negotiating agency arrangements between the parties, minimizing the advantages that the GCC laws give to protect local entities and ensuring that little or no taxation results from the transactions and taking steps to protect the brand names of the foreign principals.

In addition, since the early 1990’s franchising has become quite popular in the GCC states. While the laws in this region are still evolving to catch up to this type of business, we can offer practical advice to structure franchise deals based upon current law.

Our Attorneys' Experience

  • Represented global and Fortune 500 corporations in various industries seeking advice on the requirements and impact of doing business in the GCC.
  • Our attorneys have prepared and negotiated various relationship agreements ranging from standard agency and distributorship agreements, to joint ventures, manufacturing, engineering, construction, and procurement and project agreements.
  • Provided extensive advice in favor of one of the largest multinational chemical and agricultural biotechnology corporations with respect to the local rules and regulations concerning its proposed sale, distribution and import of products in Kuwait. Scope of work included extensive research of local laws, GCC agreements and ministerial resolutions, as well as meeting with various representatives and experts in relevant government ministries in order to identify, interpret and report applicable rules and regulations.
  • Assisted in the negotiation and drafting of area franchise agreement and store franchise agreements for companies in various industries, including clothing and food retail.

Our Services

  • Provide thorough advice on the rules, regulations and risks associated with entering into an agency/distributorship relationships.
  • Identifying local agents to sponsor foreign principal employees working in the region.
  • Assisting in the engagement of local agents/distributors.
  • Counsel on all relevant legal areas which may impact the operations of the principal.
  • Follow-up with the relevant government authorities to determine specific rules and regulations which may impact the import of certain products or the provision of services.
  • Drafting and registering specifically tailored agency and/or distributorship agreements.

Our Specialists in this Area

We have lawyers within the team who have practical 'hands on' experience of working within the aviation industry itself.  Our attorneys have acted for many aviation and aerospace business, including airlines, aircraft manufacturers, lessors, financiers, ground-handling, MROs, cargo and freight forwarders, insurers and re-insurers and travel agents.  Some transactions have included acquisition of new and used aircraft and engines, financing structures (including PDP financing, Sale0Sale Back of engines, Sale-Lease-back).  In addition, several lease agreements wherein the lawyers acted on behalf of the lessor and lessee in both wet and dry transactions.   Moreover, our attorneys have been involved in delivery and re-delivery of aircraft and handling insurance concerns with Aon Insurance.

Our objective is to be able to use our knowledge and experience to understand the issues quickly and effectively and then provide practical and commercially realistic advice and support.  We take pride in helping clients to reach sensible, workable solutions on a wide range of transactions and ventures which are often at the cutting-edge of business and legal developments.

We work with our clients to deal successfully with all aspects of aircraft ownership, finance and management.  Whether it is buying or selling new and used passenger, cargo or corporate aircraft or setting up ownership, financing arrangements and advising on insurance matters for aircraft, our team can help.  Our attorneys are happy to get involved from the first draft of the letter of intent, through delivery and portfolio management and work out, insolvency, repossession and remarketing.  

Our Attorneys' Experience

  • Acted as lead counsel in the establishment of an aviation leasing joint venture company to acquire 70 320s aircrafts for a USD2 billion acquisition and financing.
  • Conducted sale and lease of multiple aircrafts on behalf of both buyers and sellers including private and government entities.
  • Prepared preliminary and subsequent definitive agreements and negotiated commercial terms for numerous aircraft purchases.
  • Acquisition of a USD2 Billion 747 aircraft & engines through acquisition financing.

Our Specialists in this Area

We are proud of our banking practice. Our attorneys have advised banks and other financial institutions, companies and governments on domestic and international bank financing transactions across a spectrum of industries, commercial, financial and governmental sectors.

Our experience of acting not only for lenders but also for borrowers in relation to a wide range of industrial and financial sectors translates to our ability to anticipate and address the needs of our clients, regardless of their transactional position.

Our Attorneys' Experience

  • Undertook fund formation activities, capital raising and marketing activities, tax structuring, regulatory compliance, public and private offerings of debt and equity.
  • Reviewed, revised and amended conventional bank agreements for major international financial institutions with a presence in the GCC.
  • Assisted and advised a UK based defense and security company involved in a 10 Million Sterling convertible loan note.
  • Advisory on BSA/AML compliance issues for major Kuwaiti bank.
  • Representation of foreign banks in disputes over whether deposit accounts in branches in foreign countries and the US can be attached by US and private litigants.
  • Prepared anti-money laundering compliance manuals, policies and procedures for financial and non-governmental institutions.

Our Specialists in this Area

From debt and equity issues to derivatives and structured finance, we advise on the full range of transactions. Our experience gained in the interpretation and counseling surrounding Kuwait’s Capital Markets Law allows us to provide clients with additional strategies in light of the ancillary rules and regulations issued by the relevant authorities which may impact their activities.

Our Attorneys' Experience

  • Represented major foreign banks in facilitating private offerings to strategic GCC investors and real estate investment funds.
  • Advised a major local bank on complex structured products, international swaps, derivatives association swaps and other derivative products frequently utilized by funds.

Our Specialists in this Area

We handle major international matters in the GCC on behalf of foreign and local clients. Our litigation experience includes trials in GCC courts for and against foreign principals as well as litigation in the United States, UK and Europe for GCC clients. Our attorneys have represented multi-national mega-corporations in cross-border disputes involving various legal issues. We are able to direct and coordinate litigation, defense and resolution strategies on various corporate and commercial disputes at all levels of litigation.

In addition, we have also developed an expertise in international arbitration and procedures. The diversity of our practice is reflected in the range of entities administering. This includes arbitration in Kuwait, the United Arab Emirates and DIFC, in addition to the American Arbitration Association, London Court of International Arbitration and the International Chamber of Commerce.

Our Notable Representations

  • One of the largest international softdrink corporations.
  • A leading US software and hardware.
  • A major multinational computer technology corporation.
  • An American multinational energy corporation engaged in every aspect of the oil, gas, and geothermal energy industries, including exploration and production; refining, marketing and transport; chemicals manufacturing and sales; and power generation, with operations in over 80 countries.
  • An American multinational corporation involved in the design manufacturing, marketing and distribution of motor vehicles and parts worldwide.
  • One of the largest Japanese electronics producers.
  • A leading multinational auto and truck parts manufacturer.
  • An automotive multinational corporation with over 330,000 employees worldwide.

Our Specialists in this Area

While the GCC states traditionally have not allowed substantial foreign ownership in GCC business entities, said states have begun liberalizing their company laws in recent years. For example, in Kuwait, foreign companies may, subject to the satisfaction of certain conditions, own larger interests in companies, in some cases holding a majority to total ownership. This is particularly the case where a foreign entity provides substantial benefits to the country in the form of new technologies, capital and job creation for the local population.

The Firm has a proven track record in assisting foreign companies in this respect and safeguarding their interests based upon both local law and practice.

Our Attorneys' Experience

  • Provided advice in favor of a social networking giant on the legal and practical implications of providing a new targeted marketing and networking service in Kuwait.
  • Represented one of the largest diversified holding companies in the Middle East and North Africa (with consolidated assets of over US1 29 billion); advised on corporate governance strategy in order to come into compliance with the promulgation of new laws;
  • Designed corporate structures in ultimate establishment of optimal operational vehicles to do business. In addition, our attorney have also provided our clients with exhaustive drafts of internal and external (i.e. operation) policies, documentation and contracts.

Our Specialists in this Area

The Firm provides a unique combination of cross-border corporate finance and cross-border mergers and acquisitions practices. In an increasingly fast-paced transactional environment, our combined experience in these areas affords our clients the benefit of cutting-edge and efficient multi-jurisdictional transaction structuring and implementation.

The Firm has also been involved in significant international cross-border ventures, including a series of joint venture agreements for various companies in many industries.

Our Specialists in this Area

As a full-service law firm, our capabilities extend across all of the traditional legal disciplines and include extensive regulatory, public policy and government relations experience.

Our Attorneys' Experience

  • Compliance with international trade regimes (such as the international traffic in arms regulations (ITAR) and Export Administration regulations (EAR) economic sanction and trade embargoes.
  • Negotiation with Government Ministries on behalf of Clients
  • Anti-bribery/foreign corrupt practices act (FCPA).
  • Offset
  • Due Diligence

Our Specialists in this Area

We advise Clients on all aspect of intellectual property issues and concerns. We protect our Clients’ copyrights, trademarks and handle domain name disputes and can handle disputes related to patents related to technical and business processes. We provide strategic intellectual property advice and representation throughout the life cycle of a product or service, from the research and development phase through licensing and launch.

Our professionals provide a full range of high quality legal services to hi-tech companies and other companies engaged in doing business electronically. Our focus is to address the continually evolving local and international legal and commercial issues which take place in the cyber-arena.

The complexities of doing business electronically raises a host of legal questions that are further complicated by the continued globalization of world economies. While the Internet has developed into an efficient and ever-expanding means of doing business, businesses must proceed with caution. Our responsibility is to provide our clients the knowledge of the legal risks involved and communicate the exposure they may have to adverse laws in this regard.

Our Services

  • Drafting and updated online terms and conditions of use and privacy policies.
  • Advising on legal issues pertaining to websites and other online commerce or communication mediums.
  • Doing business through e-commerce including the drafting e-business and partnering agreements.
  • Advising on the risks of doing business online.
  • Advise on online shrink-wrap licensing and related agreements, warranties and other issues.
  • Advising on software licenses.
  • Provide legal support on documentation for co-marketing and online distribution arrangements.
  • Provide web-hosting agreements.
  • Advising on compliance issues with local laws.
  • Establishing a presence on the Internet.
  • Advice on data protection.
  • Litigation of disputes arising out of e-commerce.
  • Drafting various e-contracts and e-agreements.
  • In addition to providing legal advice and support in order to protect trademarks, trade names, copyrights and patents, we also provide advice and support in protecting our client’s trade secrets and other proprietary information.
  • Tax.

Our Specialists in this Area

Our Employment Practice includes advising on employment laws and providing practical solutions to Client issues while balancing our Clients’ long-term goals with regard to human resource sustainability and limiting unnecessary corporate expenditures.

We also provide advice on local hiring rules, regulations and up-to-date practices and policies. In addition, we are able to draft employment contracts of all levels and provide internal human resource policy documentation.

Employee matters are often intertwined with other legal issues, and, at times may lead to dispute. To deliver the best solutions, we align our skills and creative problem-solving solutions with the talents of our pedigreed litigation attorneys.

Our Services

  • Recruitment issues.
  • Contracts of employment.
  • Employment policies (ranging from performance, sickness and misconduct procedures, maternity and parental leave schemes to internet and email policies).
  • Boardroom disputes and severance claims (including team moves and post termination restrictions).
  • Advice on non-solicitation and non-competition agreements.
  • Advising on achieving diversity in the workplace and at board level.
  • Alternative dispute resolution including arbitration.
  • Corporate reorganizations and restructuring (including harmonization of terms, redundancies and dismissals).
  • Privacy laws and data protection.
  • Employment litigation (including all areas of breach of contract claims).
  • Executive remuneration and corporate governance.
  • General employment issues (including labor and employment standards and general contractual issues).
  • End-of-Service Indemnities.
  • International mobility including dual contracts.
  • Health and Safety.

Our Specialists in this Area

We recognize the importance of entrepreneurship in the region. We have adopted a unique initiative aimed at identifying, supporting and nurturing the young and rapidly growing entrepreneurship community.

Start-ups are being established at record paces. Unfortunately, many of the individuals behind these startups are first-time business owners, and, therefore do not have the experience to make informed decisions. In addition to being legal counselors, we also have a duty to provide practical advice aimed at addressing issues that matter most to our clients. Our objective is not only to advise the entrepreneurship community, but also to educate them. In this regard, we offer our extended hand of support and have adopted the long-term objective of helping develop our relationship alongside the development of our clients’ businesses.

Our Specialists in this Area

While the GCC states traditionally have not allowed substantial foreign ownership in local business entities, these countries have begun liberalizing their company laws in recent years. Foreign companies may now own larger interests in companies, in some cases holding a majority to total ownership, especially in the event that the foreign shareholder is seen as bringing benefits to the country such as technology or capital. We are proud of our long track record in assisting foreign shareholders in this respect and safeguarding their interests based upon both local law and practice.

Our Attorneys' Experience

  • Assisted local and international clients in incorporating companies and branches in the GCC, including the assistance of a major Japanese electronics corporation in establishing a company and branches of same in Kuwait.
  • Drafted various joint venture, partnership and shareholder agreements.
  • Advised one of the largest international courier service companies on a joint venture in the State of Qatar including preparation of joint venture agreement, strategy and management-related issues.

Our Specialists in this Area

In addition to counseling our clients on disclosure, registration and other basic franchising concepts, our attorneys must handle a wide variety of "collateral," but essential, areas of law on a daily basis. Some of these areas include:

  • Internet concerns and opportunities
  • Advertising programs
  • Supply chain issues
  • Real estate issues
  • Social media
  • Franchising in unique venues
  • Sub-franchising opportunities
  • Ongoing operations considerations

We are our Clients' single source for franchising concepts and trends.

Our Specialists in this Area

Our collective knowledge of “the way the government works” derives from the skill and experiences of our attorneys and legal consultants. Our attorneys work with officials and representatives at all levels of the government to develop innovative regulatory approaches, to persuade agencies to amend or re-interpret regulations, or to convince courts to interpret laws in the way we believe the legislators intended the rules to be implemented.

Our understanding of the complexities of local government bodies, rulemaking processes and regulatory frameworks is augmented by knowledge of specific industry sectors those agencies regulate, enabling us to provide expert advice on the impact of proposed or pending internal policy changes, potential impact of those changes and how best to plan for pending regulatory changes well in advance of their realization.

Our Specialists in this Area

Our attorneys have extensive experience in all aspects of government contracts, aviation and military sales. In addition to representing the “private-side” of government contracts, our attorneys have routinely advised various government ministries and representatives on a wide range of legal matters. This has enabled us to form long-lasting relationships with a multitude of diverse and experienced clients, both domestically and internationally.

Our experiences allow us to offer consultations to our Clients with respect to all phases of government contracting including, but not limited to, counseling regarding bid procedures and requirements, post award contract interpretation and performance issues, cost pricing issues, protection and enforcement of intellectual property rights, and licensing requirements. Our attorneys work closely with the relevant authorities to ensure that all procedures and requirements for all phases of government contracting are dealt with in a timely and efficient manner to ensure the client receives the best legal services.

Our Attorneys' Experience

  • Drafted consortium agreement for a collaborative group of participants and investors to bid on multiple government tenders.
  • Represented and advised several former government ministers, state-owned institutions and senior government officials in a wide range of disputes.

Our Specialists in this Area

As Kuwait (and much of the GCC) does not have developed intellectual property laws (e.g., patent laws), there is an additional responsibility on us to protect our Clients' interest. We understand that in the age of intangible and digital assets, our Clients’ need to protect their intellectual property has become more vital than ever before.

Often, intellectual property issues are not raised or addressed in a vacuum—they transcend other practice areas such as M&A and general Corporate and Commercial Laws. Our attorneys and legal consultants are adept at handling intellectual property matters embedded in layers of complex legal issues.

Our Specialists in this Area

Islamic banking transactions are based on Islamic principles, which prohibit (among other activities) the charging of riba (interest) on loans and require that any return on funds employed by a lender be earned by way of profit derived from a commercial risk taken by the lender. Thus, an Islamic financial institution will lend funds to borrowers on the basis that it shall share in the risks and the rewards taken by the same. As such, the financial institution’s return depends on the financial success of the client instead of receipt of an income stream calculated by market rates. In addition, under Islamic finance may only be made available for investments or projects that do not contradict Islamic principles. Hence, Islamic financing would not be available for investments or projects that violate or contradict these principles.

Our attorneys our experienced in complex Islamic financial transactions concluded in many foreign jurisdictions who have historically adopted conventional methods to finance. These jurisdictions include the United States and the United Kingdom. In addition to taking into consideration Islamic financial restrictions, these transactions also have to be developed with an eye on how U.S. and UK authorities will treat with respect to taxation and other issues.

Our attorneys have been involved in a multitude of various Islamic finance transactions as well as providing counsel to clients on Islamic banking in general. One popular method of Islamic financing frequently used in trade financing arrangements is called Murabaha. In these transactions, the financial institution will buy the goods in questions from the supplier and then on-sell the same to the customer for an agreed upon marked-up price. The financial institution may hold title to the goods for only a brief period, however, the profit generated by the institution on the marked-up sale price is nevertheless a profit derived from a sale transaction and is not therefore prohibited as riba. Another technique frequently used in Islamic finance is the Mudaraba, which develops the principle that a party with excess funds should put them at the disposal of another party who has the skills necessary to use them productively. In consequence, Mudaraba has formed the basis for several investment funds. Customers subscribe to the Mudaraba fund which the financial institution, exercising its professional investment skills, invests in appropriate ventures. A proportion of the profits will be passed back to the investing customers in due course whilst the bank will charge fees for managing the investment funds.

Our Attorneys' Experience

  • Involved in the creation of a Istisna’-I’jara fund. This fund involved investments through two separate funds, an Istisna’ fund that provided Islamic structured construction financing for the projects and an I’jara fund that purchased the completed project from the project owner and leased it back until the project was sold to a third party.
  • Acted as a structural advisor and joint lead arranger and book-runner in 150 Million Global Sukuk Musharaka for a major international bank for the purchase of various assets which include automobiles and real estate.
  • Represented clients in civil and criminal investigations involving the anti-money laundering laws.
  • Reviewed and commented on various Shari’ah-compliant financing and investment agreements such as Mudaraba, Murabaha, Ijara and Wakala agreements.
  • Advised US financial institutions on Kuwaiti Islamic Banking laws and Central Bank of Kuwait regulatory compliance over local banks.

Our Specialists in this Area

We are committed to delivering the highest quality legal services to all of our M&A clients. We represent sellers, purchasers, target companies and financial advisors in all types of domestic and international transactions, including acquisitions of stock and assets, divestitures of stock and assets, tender offers, leveraged buy-outs, hostile takeover defenses, proxy contests, corporate governance advice, private equity, and joint ventures/strategic alliances.

Our attorneys work to provide expert advice on all facets of a transaction.

Our Attorneys' Experience

  • Represented and advised “buyer-side” in the purchase transaction of 99% of the shares of one of Kuwait’s largest internet services companies.
  • Advised “buyer-side” and “seller-side” in various industries undertaking sale of shares and interests, due diligence review, tax structuring and performed numerous joint venture relationships.

Our Specialists in this Area

Today's oil, gas and petrochemical industries reach into a variety of practice areas and into every corner of the globe—and into challenging markets such as the GCC. We provide our clients with efficient and innovative solutions to their commercial, legal, regulatory and structural challenges.

Our Services

  • Project development and financing of large-scale field developments, including sponsor agreements such as project development and operation agreements.
  • Mergers, acquisitions and Oil & Gas related joint ventures.
  • Intellectual property, including evaluation and acquisition of technology licenses and obtaining patents and sales of technology.

Our Specialists in this Area

Maximizing the return on investment in capital intensive assets requires complex judgments about business needs, tax and accounting rules, and a variety of legal issues. Our extensive experience in aircraft, equipment and facility finance transactions provides our clients with the comfort and knowledge that our attorneys are able to help assist achieve their goals. One of the most recent deals undertaken was a USD200 million bridge financing deal—involving acquisition financing/asset-backed loans of two new aircrafts and engines.

Our Specialists in this Area

The Firm has extensive international experience in major projects issued from various governmental ministries regarding a wide range of industries in Kuwait.

Our Services

  • Reviewing tender documents, including the instructions to bidders and the form of the contract to be awarded, and discussing the tender documents with government representatives and other consultants as appropriate.
  • Advising on bidding processes.
  • Preparing and submitting actual bids and, if successful, review and negotiation of award of contracts.
  • Drafting and negotiating consortium agreements between interested groups.
  • Drafting and negotiation of other project documents, including security agreements, agreements among consortium members and agreements with suppliers and engineering, procurement and construction contractors.

Our Specialists in this Area

The development and the implementation of PPP is intended to encourage private companies in Kuwait’s various major infrastructure and service development projects. Our team of experienced attorneys are able to advise on, and assist with, clients who may want to participate in these projects.

Our Specialists in this Area

Clients benefit from technical expertise and in-depth local knowledge of our tax practice. We provide timely, effective advice on evolving tax law, policies and practice. We team with local accountants and tax experts to seamlessly generate practical solutions for our clients' tax challenges.

Our work is centered on a balanced perspective. We add value to our client-relationships through our innovative and practical approaches to mitigate our clients’ exposure to tax on various commercial activities.

Our Attorneys' Experience

  • Our successful tax practice has involved, most notably, successfully challenging tax claims by the Department of Income Tax in favor of clients who allegedly owed USD50 million in taxes.
  • In addition to tax implication on certain foreign principals, we have also advised on possible offset obligations of foreign principals who are doing business in Kuwait under certain circumstances.

Our Specialists in this Area

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