Practice Areas

Agency and Distributorship

Foreign companies wishing to conduct business in the Gulf region will often need to establish an agency or distributorship relationship with a local individual or entity to carry out their business activities. We assist our international clients to create the appropriate vehicles and ensure that they comply with the detailed provisions regarding their ownership and operation under the relevant local laws. Expert legal advice and review is essential before any foreign party enters into such an arrangement. We have extensive experience with helping our clients to achieve their business goals, while mitigating their legal exposure when entering into and terminating agency or distributor relationships.

Antitrust/Competition

Compliance with competition laws is destined to be high on the corporate agenda for all businesses as increasingly more countries adopt competition laws and crack-down on cartels, abusive and other anti-competitive practices. Indeed several countries in the Gulf region have enacted competition laws. No company, director or other senior personnel can afford to ignore competition law and the potential repercussions (corporate or personal) of infringing the rules. Our competition practice advises on the full spectrum of competition law issues across various sectors, combining technical expertise and experience with a commercial and practical approach to complex legal issues.

Seach Engine Optimization

Proud to have a leading banking and finance practice. We provide a full range of banking and financial advisory services, including structuring transactions, drafting finance documents (e.g. loan documents, security documents, guarantees, fee letters, and inter-creditor documentation), managing conditions precedent processes, issuing legal opinions and assisting with negotiations. We typically advise both lenders and borrowers with respect to the full range of conventional and Islamic based financial transactions and structures, including bilateral loans, club deals, and syndicated loans. Our expertise further entails specialised financing transactions such as project finance, structured finance, aircraft finance, ship finance and other asset finance transactions. ASAR is also at the forefront of advising on complex finance products and regularly advises on derivatives, including providing advice in relation to ISDA and GMRA documentation and other master agreements.

Capital Markets and Securities

We pride ourselves in being market leaders in the local and Gulf regions capital markets and securities markets, and as such, we are well positioned to assist our clients with their capital markets and securities related matters. Our comprehensive services include advising and assisting parties such as local and international banks, investment companies, placement agents, portfolio or fund managers, local agents and subscribers. We advise on a range of matters including the issuance of bonds and sukuk, securities regulation, initial public offers and the marketing, offer and/or sale of local and foreign issued securities. As capital markets and securities laws in the Gulf region continue to develop, the legal and regulatory environment surrounding the introduction of local and foreign securities into Gulf markets continues to evolve and become more sophisticated and stringent as well. We offer comprehensive and practical expertise related to complying with the current and developing regulatory requirements in the Gulf region.

Commercial Litigation and Arbitration

Significant litigation and arbitration experience. Our firm has wide experience conducting litigation matters in the areas such as banking, construction, insurance, property, taxation and employment. We also have experience with complex litigation, including military supply contract disputes and oil construction claims and advise clients with respect to available forums for dispute resolution, including courts and arbitration. Our litigation team not only conducts contentious litigation but can also be very instrumental in assisting clients to achieve alternative means of resolving their commercial disputes.

Construction

Enjoys extensive experience with the construction industry’s requirements throughout the Gulf region, and can assist clients on all matters arising from inception to completion of construction projects. ASAR is also proud to have a practical and in-depth understanding of the legal environment applicable to construction projects in the Gulf region We advise on a wide scope of matters related to construction projects including the tender process, contract drafting (including applying recognized standard forms), offset requirements, local zoning requirements, advice at pre-contract and contract stages, owners’ claims for delays and defects, general dispute resolution, contractors’ claims and settlement agreements.

Corporate

Various forms of corporate vehicles are available to both local and international investors and companies wishing to conduct business in the Gulf region. ASAR ensures the necessary technical expertise to help clients select and structure the most appropriate vehicle with which to pursue their business interests. Our vast client-base covers all sectors of the economy, including construction and engineering services, oil services, travel and tourism, computer technology and consumer products of all kinds. We are equally at home advising a start-up as we are an established multinational corporation. Whether a client seeks to establish a new company, create a joint venture, open a branch or representative office or establish any one of the different corporate forms available, we are able to provide comprehensive and detailed advice and practical assistance, allowing them to focus on their business strategy and goals. Establishing corporate entities and drafting the contracts necessary to establish their business arrangements is one of the core areas of our practice.

Employment

Employment law issues touch all levels of business, from workplace disputes through to corporate acquisitions. Employment law regimes in the Gulf are particularly complex and are indeed fast changing and dynamic. At ASAR, we offer expert advice and support in relation to every aspect of the employment relationship, helping our clients to reach agreements and resolve disputes in a commercial and cost-effective manner. Our services include advising on employment laws, resolving employee claims, advising on local hire requirements, drafting employment contracts, and preparing complex policy documentation. Our litigation team is also on hand to assist with any employment matters that turn contentious.

Energy

Leading reputation in the energy sector, particularly in relation to oil and gas transactions and projects. We provide a full range of legal services including advising on power plant projects, advising on renewable energy projects e.g. solar power projects, and advising on a full range of upstream and downstream oil and gas sector matters. Our clients include state oil companies, oil and gas companies, utility and power companies, global service providers, offshore contractors, insurers, traders, funders and developers and operators of refineries and distribution facilities.

Environment

More than ever, the environment is at the forefront of policy with new laws impacting on every area of business. Failure to comply with legislation can result in fines and civil claims as well as damaging headlines. We offer clear, commercial advice and guidance on a wide range of concerns, from air quality and contaminated land to hazardous waste and water pollution. Our team regularly advises clients in every industry from energy companies and multinational manufacturers to regulators.

Franchising

Franchising is quite popular throughout the Gulf region and several foreign entities have taken the franchise route to market and sell their goods or services. As many of the Gulf countries have yet to develop a specialized “franchise law” which would govern many of the typical franchise style arrangements common in the West, there are unusual, and sometimes complex, considerations which may apply to a typical franchise arrangement. Our firm’s considerable experience in advising and assisting businesses to establish franchise arrangements, in both single and multi-territory arrangements, allows us to identify potential issues and to advise on appropriate and practical solutions to mitigate a franchisor or franchisee’s exposure to legal roadblocks. We act for both franchisors and franchisees and are well-placed to assist clients seeking to establish franchises in the Gulf region in all industries, including food and retail industries.

Insurance

Our insurance team deals with commercial and corporate insurance work, reinsurance work and dispute resolution, acting for insurers and reinsurers, as well as for major insured companies and their insurers and brokers. Through our in depth knowledge of the market and its dynamics, we are known for our high levels of client service and for our commercial approach. As part of our scope of services, we regularly advise clients on regulatory and compliance matters, and also assist in drafting policy and treaty wordings. Our firm also has substantial experience regarding insurance and reinsurance arbitration and litigation, in all classes of business.

Intellectual Property

Developed an expert intellectual property team to deal with all aspects of intellectual property from establishing and protecting intellectual property rights to defending them against exploitation and infringement through litigation and enforcement. Our team regularly advises clients on matters such as trademark registration, passing off, brand management and licensing, design and copyright identification/protection, infringements, and database rights.

Islamic Finance

One of the strongest Islamic finance teams in the Gulf region, and accordingly we have received several awards and accolades in connection with our Islamic finance practice. We provide creative, flexible, market-leading and cost-effective solutions for our clients and the projects in which they are involved. Our team has a profound understanding of the principles and requirements of Shari’ah and is broadly experienced in structuring Islamic investments, financings and products across the Gulf, we can help you to reach practical and innovative Islamic financial solutions, overcoming the challenges posed by different legal, tax and regulatory systems. Our Islamic finance expertise includes structuring and advising on the full range of Islamic finance contracts, including Ijara, Istisna’a, Mudaraba, Murabaha and Musharaka. We also regularly work with many different Shari’ah committees and advisors.

Mergers and Acquisitions

With increased foreign interest and investment being directed to the Gulf region, mergers and acquisitions is a rapidly developing practise area. Identified as a leading adviser on mergers, and acquisitions, actively represents both local and international clients in the processes involved with corporate acquisitions in a constantly evolving regulatory and legal environment. We typically assist our clients regarding each step of any acquisition. In this regard we advise and assist with regard to transaction structures, preliminary agreements, due diligence, acquisition documents, acquisition financing, transaction negotiations, and closing procedures. We also facilitate compliance with stock exchange and regulatory requirements including block trading rules, tender offer regulations and interfacing with bourses, brokers and governmental officials. ASAR is also equipped to support clients to realize the full value of their proposed transactions. Over the years has advised on many of the most complex and innovative acquisitions in Kuwait and Bahrain, and has won several international awards in this regard.

PPP and PFI Projects

is at the cutting edge of advising on PPP (Public Private Partnership) and PFI (Private Finance Initiative) projects. We have a leading reputation for providing commercially focused advice to all the various parties involved in major public transport and infrastructure projects, from governments and project sponsors to key ancillary parties such as consultants, lenders, contractors and property developers. We cover all aspects of such projects, including the development of both appropriate regulatory frameworks and contractual structures together with review and advice on sector governance, economic, commercial and environmental regulations. We are well known for our ability to get to the core of complex, novel issues, being creative, and delivering commercial outcomes in difficult circumstances.In Kuwait, the firm has been involved in the vast majority of PPP projects having represented awarding authorities, private sector consortia, and subcontractors including building contractors.

Private Equity

Regularly advises private equity houses, investment companies, investors, banks, and management teams in highly complex primary and secondary buyouts. Our clients benefit from our team’s wide experience in corporate acquisitions, as well as our wide range of sector specific expertise in particular in energy, financial services, retail and manufacturing. Our team has advised on considerable regional and international transactions including some undertaken in particularly difficult jurisdictions.

Real Estate

Our real estate team has a reputation for offering pragmatic, commercially-focused advice on all manner of commercial and residential transactions. Our clients include major property companies, institutional investors, and public sector organisations. We advise on investment acquisitions and disposals, development projects, sale and leasebacks and other real estate structures as well as the more routine landlord and tenant matters such as relocation and lettings through to handling litigation.

Restructuring and Insolvency

We act for banks, professional advisors, directors and members of companies, partnerships and individuals including both creditors and debtors in every aspect of restructuring and insolvency, whether corporate or personal, contentious or non-contentious. We offer a first rate, efficient, expedient and economic service based on our thorough knowledge of the subject and the unrivalled experience of our team. We regularly provide advice to companies, directors, lenders and other stakeholders on the financial restructuring of companies. Our experience includes providing advice in respect of debt-to-equity swaps, restructuring or re-scheduling of senior, mezzanine and unsecured loans and other financial instruments including bonds and swap arrangements. We have significant experience in formal restructuring mechanisms such as voluntary arrangements and schemes of arrangement as well as informal bi-lateral negotiations. Our team also has very considerable experience in dealing with every aspect of insolvency in respect of the disposal and recovery of assets, antecedent transactions, and all aspects of insolvency whether of a contentious or non-contentious nature.

Shipping and Maritime

Over the years, has developed an expansive and comprehensive shipping and maritime practice that has resulted in our growing reputation of being leaders in the field. We represent leading shipping companies, international P&I clubs, insurance companies, and various local shipping agents in the Gulf region. Some of the services we offer include representation of cargo owners, carriers, ship owners and insurance companies in matters such as shipping litigation, ship arrests, ship mortgages and ship finance. Our services extend to the preparation of appropriate documentation and investigating accidents and incidents.

Taxation

In an increasingly complex tax environment with constantly changing legislation you need the right people, the right knowledge and the right approach to anticipate tax issues before they become problems. Our firm regularly advises foreign and local clients (where applicable) on their taxation matters, including taxation incidence, double taxation treaties and tax exemptions. We also provide transactional structuring advice from a tax perspective. Additionally, our firm has also developed a formidable tax litigation practice winning high value landmark taxation cases in Kuwait. Having the ability to advise on tax matters and to conduct litigation if matters turn contentious, enables us to offer a comprehensive tax service to our clients.