Our Practices

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Our Practices

Corporate Advisory

From the very inception of an idea, to the assessment of its viability, all the way to its execution and closing, our team is there every step of the way. It is our business to understand your corporate and commercial needs, with a focus on realizing their maximum value.

Our Corporate Advisory team consists of some of the most talented and sought-after corporate lawyers in Kuwait, with a proven ability to solve the most complex corporate issues. Al Khaleej acts as a trusted firm and confidant to several of the largest public and private companies in Kuwait in relation to:

  • Establishment of corporates and other investment entities such as partnerships and trusts
  • Advice on general and industry specific rules and regulations
  • Legal due diligence on the buyer and seller sides
  • Acting on the full range of M&A transactions, including public and private transactions, share and asset sales, joint ventures, IPO, right issues, takeovers and asset spin offs
  • Advice on ongoing compliance with stock exchange listing rules and related regulatory instruments
  • Advice on stock portfolio management
  • Advice on all taxation aspects in Kuwait
  • General commercial matters such as franchising, service and consultancy agreements as well as agency arrangements and outsourcing
  • Intellectual Property including licensing agreements and registration services Property transactions
  • Telecom Regulation
  • Shipping Law
  • Litigation

    Our team aims to offer the best legal protection to our client. We examine the issue from all angles using different perspectives in order to provide the best possible solution, be it settling or should the matter require, our team is prepared to bring action in court, bearing in mind the time and costs involved. In addition, we have a proud history of conducting complex litigation matters in the areas of both traditional court proceedings and arbitration such as:

  • Proceedings before courts of first instance and appeals
  • Proceedings before the Supreme Court of Kuwait
  • Corporate and commercial litigation
  • Complex construction disputes
  • Administrative litigation
  • Alternative dispute resolution, including arbitration and mediation
  • Litigation support in relation to proceedings in foreign jurisdictions
  • Arbitration & Dispute Resolution

    Al Khaleej is widely recognized for handling international and domestic transactions for clients in a number of areas and industries. We specialize in:

  • Arbitration in the Kuwait Arbitration Court
  • Mediation and Alternative Dispute Resolution by negotiation and agreement
  • Arbitration undertaken before the London Court of International Arbitration, International Chamber of Commerce (ICC) – International Court of Arbitration and Cairo Regional Center for International Commercial Arbitration (CRCICA)
  • Banking and Finance

    Unprecedented instability in the global financial system has exposed market participants to extraordinary risk and uncertainty. Changes in the financial and regulatory landscape have altered the way business is conducted and are affecting legal arrangements. Our strategy to tackling these issues involves keeping up-to-date with the latest developments in practice across the globe and adapting to this new environment is key to achieving business objectives, from which we may predict the changes in the market direction/trend.

    Islamic Finance

    Our lawyers advise leading Islamic and conventional financial institutions, as both lenders and issuers/borrowers, on Islamic financing products and techniques for over 30 years. We combine our deep market knowledge and insight with our expertise in Islamic legal principles, structures and techniques to orchestrate the most appropriate solutions in accordance with the principles and values of Islam.

    Al Khaleej is specialized in:

  • Different Islamic financial, partnership and sale structures such as the Murabaha Musharaka
  • Mudaraba, Ijara, Wakala, Musawama, Bai’Mu’ajjal, Istisna’, Muqawala and Tawarruq
  • Lease arrangements with sale and purchase options
  • Conditional sale contracts
  • Project finance
  • Long and short term debt packages
  • The grant of different kinds of security by borrowers
  • Insolvency and protection of creditor rights
  • Construction

    Our construction practice entails helping contractors, corporations, investors and other clients to deliver major infrastructure and development projects. We work on identifying and addressing the issues and risks arising out of construction contracts, whereby our industry-focused knowledge is necessary to ensure a detailed understanding of their nature.

    Our legal practice in construction includes, without limitation;

  • EPC contracts;
  • BOT and PPP projects;
  • Procurement management;
  • Tender management;
  • Probity issues;
  • Traditional turnkey and other construction contracts and associated sub-contracting arrangements;
  • Insurance arrangements applying to construction projects;
  • Construction associated services contracts, and construction dispute resolution.
  • Oil and Gas

    Kuwait has one of the largest proven reserves of crude oil in the world and is among the world’s largest oil producers. As such, Kuwait’s economy is heavily dependent on the oil sector, which accounts for over half of gross domestic output. Al Khaleej provides pioneering advice on the entire lifecycle of energy assets, from the consenting and planning process, through to the construction, financing, operation, maintenance and ultimately their refinancing or sale. Our work includes advising sellers and acquirers (on M&A transactions), project sponsors, corporations, financially active/passive investors, suppliers, manufacturers, governments and debt funders (including banks, bond arrangers, ECAs, DFIs and multilaterals) on energy transactions globally.

    Intellectual Property

    From trademarks, designs and patents registration to litigation and enforcement procedures, Al Khaleej offers a full range of services in respect to intellectual property, as we understand the value of intangible assets, ideas, designs and techniques, and the importance of protecting them. We understand the commercial issues and pressures which arise from IP disputes or related negotiations, and provide innovative and strategic solutions to deal with them. These include:

    Our legal practice in construction includes, without limitation;

  • Trademarks
  • Patents
  • Copyrights
  • Design Rights
  • Confidential Information
  • Intellectual Property Litigation
  • Employment

    Our multidisciplinary team draws on years of experience in advising employers about contentious and non-contentious issues surrounding employment and offers practical, commercial and equitable solutions to the most complex employment- and benefits-related issues facing our clients. We advise our clients in light of the current need to attract, retain and manage the right people, and to develop and create a best-practices procedures and fair-workplace standards.

    Our work covers a broad spectrum of employment issues including those relating to litigation, general & strategic employment and HR advisory board reorganisations and executive remuneration schemes.

    With many of our clients expanding their global reach, their workplace grows in complexity and so do their HR and employment issues. Accordingly, we ensure that our advice and solutions address all local, cross-border and strategic aspects of the matter at hand.

    Corporate Governance

    With the introduction of the new regulations that aim to improve transparency and to protect shareholders implementation of sound corporate governance structures has become crucial to the vitality of many businesses. Our team regularly advises CEOs, senior executives, officers, managers, as well as members of the board of directors and their independent committees on their duties, liabilities and obligations under local laws and regulations in relation to corporate compliance and accountability.

    In order to ensure that our clients are up-to-date with the evolving trends and best practices for corporate governance, our team of experts advise on the implementation of new governance laws, rules and regulations, board structures and compositions, disclosure issues, audit compliance, as well as advising on ways and means to avoid civil, administrative or criminal investigations resulting from any corporate governance oversight. We also tailor our advice to specific corporate transactions including but not limited to restructurings, securities offerings and mergers and acquisitions.

    Energy

    Our team has a strong reputation for providing commercially focused advice to all key stakeholders involved in major energy, power and infrastructure projects, including project sponsors/lenders, contractors, investors, suppliers and property developers,on matters relating to power and utilities (including IWPPs), transmission and distribution, carbon capture and storage, oil & gas (up, mid and downstream and LNG), and renewable energy. Our thorough understanding of the energy sector and the commercial, strategic, technical, geographical and political issues and risks at all phases of the project, allows us to assist our clients in navigating the legal framework, mitigating these risks and overcoming any regulatory obstacles.

    We work to realize our clients’ objectives and goals and maximize the potential of their ideas and technology that shape the energy sector and ultimately influence the long-term economic prosperity. Our advice covers the entire lifecycle of the project, from the pre-qualification stage, the consenting and planning process to developing the optimal contractual arrangements covering the construction, financing, operation, maintenance of the project and ultimately their transfer, sale, refinancing, and restructuring as applicable. In addition, we provide comprehensive advice on a broad range of matters including energy and environmental disputes, issues of regulatory and compliances mergers and acquisitions, and capital raisings.

    Power

    Al Markaz has unrivalled expertise in relation to advising on all aspects of power generation and natural resources and the legal and regulatory frameworks in the power sector. We excel at providing our clients with a broad range of commercially focused, timely legal solutions in relation to bidding for projects, including the establishment of consortia and joint venture arrangements, the construction and operation of power stations, extraction and refining facilities, and transport of materials.This includes but is not limited to advising on licensing and setting up generating projects and distribution systems, power purchase agreements, and fuel supply agreements using our significant experience in the areas of energy finance, construction, competition, environment, employment and dispute resolution.

    Renewables

    As the Kuwaiti government is currently seeking to reduce the reliance on conventional energy supplies, Kuwait is now entering into a new era of green generation. Our team of specialists includes former in-house counsels in major multinational energy companies in the world’s leading energy-producing countries, enabling us to provide our clients with significant practical experience and local knowledge that supports them in delivering renewable energy projects. Our role has ranged from the provision of advice during the tendering processes, the commercialization and development of green technologies, power purchase agreements, as well as issues of PPP, foreign direct investment and environmental laws to the establishment of corporate structures for the purposes of securing funding for renewable and alternative energy projects worldwide.

    Our team is committed to helping our clients keep pace with market and regulatory developments and push the boundaries of both technological and geographical advancement, while managing commercial, legal, regulatory and environmental risks, protecting our clients’ interests and realizing their goals. We combine our high quality legal advice with our strength in multiple disciplines to give comprehensive legal advice on matters of project finance and development including planning, operation, maintenance and supply, construction and procurement, ownership structures and mergers and acquisitions of renewable energy assets.

    Aviation

    n light of the recent challenges faced by the aviation industry such as increased complex regulatory requirements and the limitations on available finance, our team draws on specialist knowledge from all practice areas, including corporate and asset finance, competition, dispute resolution, capital markets, tax and insurance to provide our clients with innovative solutions and well-rounded, comprehensive advice composed of legal, cross-border and technical knowledge and expertise that enables them to operate efficiently and grow in the dynamic aviation industry.

    Our cross-disciplinary approach and extensive industry knowledge put us in a unique position to effectively advise airlines, airports, and air finance providers, in relation to local and international regulatory regimes and treaties, joint ventures, mergers and acquisitions, asset-based financing, selling, purchasing and leasing aircraft and equipment, insurance, reinsurance risk and crisis management, in addition to commercial and government contracts, and litigation and dispute resolution.