Al-Hamad Legal Group's highly skilled staff of attorneys has experience in a wide variety of sectors and areas of practice.
We work in the following sectors on a regular basis:
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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:
We are our Clients' single source for franchising concepts and trends.
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 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.
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.
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.
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.
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.
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.
The Firm has extensive international experience in major projects issued from various governmental ministries regarding a wide range of industries in Kuwait.
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.
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.