Practice Area

Department of Cases and disputes

Legal Services of our Local Division :
First : Disputes related to Civil Law :

Our key services handled by our local law office in such areas of activities include the following:

Contract issues and disputes related the overall contract drafting , wording , interpretation, implementation and performance , including but not limited most importantly to the following :
  • A. Sales Contracts .
  • B. Lease Contracts .
  • C. Contracting Activities Contracts .
  • D. Donation / grant contracts .
  • E. Investment contracts , and obtaining loans from banks or investment entities .
  • F. Agency contracts .
Title deeds issues and disputes including most importantly but not limited to the following :
  • A. Joint / common ownership disputes .
  • B. Succession / estate disputes and estate settlement .
  • C. Preemption disputes .
  • D. Receivership action disputes .
Possession disputes including most importantly but not limited to the following :
  • A. Actions seeking injunction or no intervention .
  • B. Disputes related to actions seeking suspension of new works / activities .
  • C. Disputes related to repossession actions.
Compensation / damages disputes including most importantly but not limited to the following :
  • A. Disputes seeking compensation / damages for default on contractual obligations .
  • B. Actions seeking compensation / damages for unjustified and illegal gain and profiteering , and recovery of undue payment .
  • C. Disputes related to liquidated and non liquidated damages .
  • D. Disputes related to illegal act or action relevant to liability for personal acts , liability for third parties acts or liability resulting from or related to such things or activities .
Second : Disputes related to or in connection with Business Companies Law : Key services and activities include but are not limited to :
  • (1) Disputes and issues related to or in connection with corporate contracts .
  • (2) Disputes and issues related to or in connection with reconciliation and settlement of corporate position after the passing of the new companies law .
  • (3) Disputes and issues related to or in connection with powers of corporate managers and chief executive officers .
  • (4) Disputes and issues related to or in connection with powers of corporate ordinary and extraordinary general assembly .
  • (5) Disputes and issues related to or in connection with corporate violations of companies law .
  • (6) Disputes and issues related to or in connection with corporate wrongdoings and violations of Capital Markets Authority law .
  • (7) Disputes and issues related to or in connection with the powers of each of Minister of Commerce & Industry and Capital Markets Authority relevant to corporate control .
  • (8) Disputes and issues related to or in connection with corporate wind up and liquidation .
  • (9) Disputes and issues related to or in connection with change of corporate legal status .
  • 10) Disputes and issues related to or in connection with corporate merger , amalgamation and consolidation .
Third : Disputes and issues related to or in connection with Law of Capital Markets Authority :
Key services and activities include but are not limited to :

Disputes and issues related to or in connection with decisions and resolutions issued by Capital Markets Authority including but not limited to complaints , grievances , disputing and challenging such decisions before the competent court of Capital Markets Authority in accordance with the legal regulations of such courts .

Disputes and issues related to or in connection with the scope and areas of powers and authority of Complaints Committee of Capital Markets Authority in connection with :

  • A. Filing complaints and complaints investigation .
  • B. Complaints against decisions issued by complaints committee .

Disputes and issues related to or in connection with the powers and responsibilities of Disciplinary Council of Capital Markets Authority in connection with :

  • A. Powers of Disciplinary Council relevant to investigation .
  • B. Penalties vested with Disciplinary Council to be imposed on the violating person or entity .
  • C. Challenge to penalties issued by council to be imposed on the violating person

Disputes relevant to the application and imposition of criminal penalties including but not limited to :

  • A. Disputes on or in connection with disclosure of interests .
  • B. Disputes related to or in connection with acquisition transactions .
  • C. Various areas and issues of disputes addressed by law , including :
    • 1. Offense / crime by insider benefiting from or exploiting internal information or disclosing such insider or other information .
    • . Offense / crime by way of an act or action involving the creation of false , fraudulent or misleading appearance or representation which may affect the actual trading of such securities , commercial or financial papers .
    • 3. Offense / crime by a stakeholder with an undisclosed interest openly encouraging or purporting to encourage the purchase or sale of a specific security , commercial or financial paper .
    • 4. Offense / crime of disclosure of confidential information / secrets related to a position , job or profession and other crimes or offenses .
Fourth : Disputes and issues related to or in connection with Commercial Law : Key related services and activities :
  • 1. Disputes and offenses related or in connection with key commercial papers including :
    • A. Cheques .
    • B. Drafts / bills of exchange .
    • C. Promissory notes .
    • D. Trademarks .
  • 2. Disputes and issues related to or in connection with payment statutes of limitations .
  • 3. Disputes and issues related to or in connection with unfair and illegal competition and monopoly relevant in particular to commercial / trade relations and information .
  • 4. Disputes and issues related to or concerned with commercial agencies , distributorships and dealerships .
  • 5. Disputes and issues related to or concerned with brokerage and commission agent activities .
  • 6. Disputes and issues related to or in connection with bankruptcy, bankruptcy administration or bankruptcy arrangement / composition with creditors .
  • 7. Disputes and issues related to or in connection with commercial fraud .
Fifth : Disputes and issues related to or connection with Labor Law :
First : Disputes related to labor law governing employment in the private sector , including but not limited to the following key issues :
  • 1. Disputes and issues related to or in connection with end of service (EOS) indemnities .
  • 2. Disputes and issues related to or concerned with notice period .
  • 3. Disputes and issues related to or concerned with method of calculation of Kuwaiti employees compensation , especially those related to social security subscription .
  • 4. Disputes and issues related to or concerned with employee leave entitlement and leave cash payment .
  • 5. Disputes and issues related to or in connection with employee promotion .
  • 6. Disputes and issues related to or concerned with collective claims brought by trade unions / associations on behalf of employees .
  • 7. Disputes and issues related to or concerned with overtime hours and work outside the official normal working hours .
Second : Disputes and issues related to or in connection with employment in the oil sector :
  • 1. Disputes and issues related to or concerned with the calculation of employee best benefits and privileges .
  • 2. Disputes and issues related to or concerned with employer right to deduct payments made by employer for the account of employee social security subscription .
  • 3. Disputes and issues related to or concerned with effects and consequences of transfer within the oil sector companies with respect to the rights and other dues and benefits of transferred employee .
Sixth : Disputes and issues related to or concerned with the criminal law and other specific criminal laws :

Below is a detailed description of the related services and activities of our law office :

Activities and services offered by our office with respect to disputes and issues related to the criminal law and other specific criminal laws , most importantly such disputes and issues related to our office representation of defendants and attendance on behalf of defendants and suspects in the following crimes :

  • 1. Crimes of fraud and breach of trust .
  • 2. Crimes of theft and embezzlement .
  • 3. General crimes of murder and injury .
  • 4. Crimes of money laundering .
  • 5. Various forms of crimes of forgery with our office attending with or on behalf of defendant before police stations , general prosecution or any other entity , and attendance before the competent courts hearing such case until the delivery of the final court verdict .
  • 6. Press and publication crimes .
  • 7. Crimes of commercial fraud .
  • 8. Crimes of illegal and unfair competition .
Eighth : Disputes and issues related to or concerned with the administrative law and civil service law :

Key services and activities :

  • 1. Disputes and issues related to or concerned with administrative decisions , most importantly including but not limited to the following :
  • A. Disputes for reversal of illegal administrative decisions .
  • 2. Disputes and issues related to or in connection with administrative contracts .
  • 3. Disputes and issues related to or in connection with status settlement for public jobs and positions .
  • 4. Disputes and issues related to or in connection with promotion and job progression ladder .
  • 5. Disputes and issues related to or in connection with veiled penalties .
  • 6. Disputes and issues related to or in connection with rights and benefits of retiring employees .
Special distinct services and activities offered by our law office in cooperation with our international division :

In addition to all the foregoing services and activities undertaken and offered by our office to our valued clients , our office offers a range of specialized services which earned our law firm a distinct standing in Kuwait and abroad , as follows :

  • 1. Banking and investment .
  • 2. Business franchises .
  • 3. Securities / financial papers .
  • 4. Construction projects .
  • 5. Islamic financing .
  • 6. Projects and privatization law .
  • 7. Litigation and arbitration .

Intellectual property.

Follow-up and Coordination Section:

In view of the variety of the Office activities and its desire to ensure contact with its clients, respond to their questions and surmount any obstacles with the aim of providing the best service, the Management decided to establish the Follow-up and Coordination Section through which a team of legal professionals in follow-up, administration and public relation functions. The following are some of its main duties:

- Following up with clients and refer them to the competent counselor to ensure responding to all inquiries forwarded to the Office.
- Permanent contact with clients and providing them with latest legal developments locally as the Office sees appropriate.

Legal Follow-up Section:

Following up cases before courts requires a team specialized in organizing and following sessions before all courts of whatever degree, serving notices, following up and executing claims issued by judges. Consequently, we provided a specialized section comprising different teams; each one of them is competent with a part of follow-up works to secure rapid litigation and implementation of several and branched tasks in relation with this activity in order to save the time of counselors and to avoid the hassles of administrative red-tape.

External Offices (legal and technical):

The Office contacts and cooperates with a number of legal and technical offices in the GCC and the Arab States. With these offices, the Office has a relation in agreement with needs of the Office clients and in a manner that maintains clients' interests and rights. It was incumbent upon the Office to cooperate with offices of high experience, good reputation and efficiency in these countries to provide the best legal services of all kinds to our clients. The Office provides all legal services to clients in the said region such as preparing contracts, providing legal consultations related to the state of each client and in which the offices connected with us are operating. The Office also cooperates and communicates with offices (engineering, accounting, technical, analytical, etc.) to provide consultations and facilitate all services needed by clients, in addition to legal services. The Office also provides the following services:

Legal Consultations:

The Office provides effective legal consultations to the clients including companies and persons in all fields of law, construction and industrial sectors. The Office also provides consultations related to different commercial markets and companies alliances and mergers. All these consultations are provided with known professionalism.

Commercial Companies Establishment:

The Office helps local, Gulf and international clients complete establishment procedures of commercial companies of all kinds. The Office provides legal consultations during companies cycle life phases as of choosingـــــــــــــــ, founder's preparations and structuring and organizing companies management to fit the special needs of all types of investors.

Trademarks Registration:

The Office provides legal support to local and international clients to finish registration procedures of all kinds of trademarks, prepare agreements of clients and distributors and represent them before relevant governmental bodies.

Banks and Investment:

Our Office represents banks and other financial institutions in the field of commercial transactions, relations among debtors and judicial conflicts of trickeries. The Office also represents loaners in financial transactions through negotiations and drafting of all financing kinds of contracts (Investment and Islamic) and provides effective consultations from the legal point of view in respect of different execution procedures which accelerate indebtedness collection. Likewise, our Office provides legal experience through veteran team wok in case of facing procedures of bankruptcy and foreclosure.

Contracts Drafting:

The Office provides consultations and support in drafting contracts of joint ventures for multilateral companies, revising many types of contracts, investment funds and portfolios, securities circulation, bonds exchange, rules organizing securities circulation and consortium contracts. The Office also provides consultations and support in drafting contracts related to lease and rent, companies and credit agreements and technical support agreements. The Office also provides legal consultations in relation to tender documents, completion guarantees and guarantees of good execution of projects.

Merger and Acquisition Procedures:

Our Office has experience in merger and acquisition procedures. The Office also enjoys experience in joint ventures, alliances and works performed by families in the Gulf, in respect of planning, financial and administrative organization and possessions management works of family companies, according to applicable relevant laws. We have experience in forming work entity for families to manage their assets and companies.

Restructuring:

Our Office has counsellors experienced in providing consultations in the following fields:

- Formation of boards and committees in accordance with relevant legal provisions.
- Adequate legal consultations to board members in governance rules, disclosure of information rules and the organizational laws governing the management relation with companies, shareholders and others. We are experienced in developing organizational rules to restructure companies, taking into consideration the requirements of companies’ governance laws, keeping companies and their boards protected against institutional mistakes. Our counselors enjoy excellent experience in matters related to difficult indebtedness and rescheduling debts in accordance with the Financial Stability Law and the execution of creative methods in preparing settlement arrangements and contacts.

Development Projects:

We have excellent experience in representing companies (local, territorial and international) in development, construction, operation, transfer and joint ventures. We also enjoy peculiar experience in all transactions related to privatization and partnerships (public and private), providing consultations to projects developers, in addition to loaners, investors, revision of governmental adjudications, shares investors, building companies, operation companies and equipment suppliers. We also have distinguished experience in documenting several transactions (private/public/joint), including agreements (agreements of negotiations rights, partnership, development, coordination, operation, redemption and redevelopment).

Commercial Concession:

A commercial concession contract is a method seeking to expand commercial projects scope. This method is a contracting relation between the licensor and licensee, by virtue of which the latter works under the name, trademark or commercial reputation owned and related to the first. The license's work shall be separated from the licensor-owned project. Within this contracting relation, the Office role resides in providing legal support to control the contractual relation among the parties in a way that achieves their desired interests.

Company Policies Execution Follow-up:

The Office has excellent experience in the field of preparing policies, regulations and work systems at companies. This experience represents the company philosophy and method in managing its human resources, its guidelines and main purposes, principles and goals adopted by the company and achieved by the company employees. The Office is fully aware of the detailed legal sides of governance rules and systems aiming at sound or rational management of the company. The Office also has full knowledge of the company orientation and control systems, regarding either the relation among the different parties inside the company, such as the relation among directors of the board, the general assembly, employees and accounts auditors at the company, or the relation between the company and others such as clients and company creditors.