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| CORPORATE GOVERNANCE AND REGULATORY COMPLIANCE |
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We can advice on the matters relating to Corporate Governance and Regulatory Compliance with the Laws, Rules and Regulations of Kuwait |
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| CORPORATE TAXATION |
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We strive to minimize our client’s exposure under the Taxation laws. Our services include attributed repatriation income, foreign tax credits and the effect of economic and jurisdictional double taxation, penalties and disputes. |
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DEBT COLLECTION (COLLECTING BILLS, CHEQUES AND DEBTS) |
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We provide a prompt and multidisciplinary approach to assisting clients affected by non-performing debt. Our office is equipped with a specialized administrative and technical team, who has extensive experience in collecting debts, cheques and invoices for several banks, supplying and leasing companies. |
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Our activities in the area of insolvency law include advising firms and companies on how to deal with insolvent customers and the resulting problems in collecting debts. The debtor is contacted directly via telephone, letter or a field call and all efforts are made to settle the debt amicably without instigating legal action at the first stage. Most of the assignments are completed at this stage. |
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In case our efforts are not successful at the first stage, we then try to assess the debtor's financial situation and assets. In the event that our investigations establish that there are assets that would provide satisfaction of our clients debt but the debtor refuses to respond to our attempts to negotiate the recovery, we inform our client accordingly and advise if legal action in our opinion is warranted, and if so what costs would be involved. This ensures that our clients retain control of the file and costs associated with such legal actions at all times. |
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A regular report (bimonthly, monthly, quarterly or as development occurs) is sent to the clients. It is perhaps worth noting, that when legal action is instituted on behalf of our clients, we are able to offer substantially reduced legal costs, due to the volume of files that our offices handle, whilst having the local knowledge of the legal system, customs and culture that are often essential in effecting a recover. |
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All personnel have been appropriately trained to fulfill their job definitions and to provide our clients with a high level of professionalism at all times. They specialize in their own areas of expertise and the majority of key personnel have been in the collection industry for more than a decade, thereby bringing with them a wealth of current knowledge and expertise. |
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E-COMMERCE, MEDIA LAWS & IT; INTELLECTUAL PROPERTY RIGHTS: |
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Our Law Office can offer its services to the software and hardware suppliers, distributors, resellers and developers, hardware manufacturers, IT consultants, IT service suppliers, utility service providers on all aspects of the laws relating to information technology and intellectual property. |
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Our range of services includes: |
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- Domain name registration. |
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- Contracting/liability issues. |
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- Privacy and disclaimer issues for websites. |
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- Payment, encryption and security issues. |
| - Protection of Intellectual property rights. |
| - Registration of trademarks, patents, and copy rights. |
| - Software licensing and development. |
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EMPLOYMENT, LABOUR & SOCIAL AFFAIRS LAW |
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Our lawyers provide a full range of legal services for employers, employees and bargaining agents.
Those services include: |
| - Compensation. |
| - Indemnities. |
| - Work Related Accidents. |
| - Termination of Employment. |
| - Labour negotiations and disputes, compliance with local laws. |
| - Establishment of personnel policies in compliance with local laws. |
| - Employment agreements and service termination claims. |
| - Advice on health and safety employment responsibilities. |
| - Disciplinary and dismissal procedures. |
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ENERGY, OIL, GAS, PETROCHEMICALS AND PRIVATIZATION, PROJECT FINANCING & INFRASTRUCTURE
We provide services to banking institutions, export credit agencies, multinational corporations, public & private companies, Government departments & agencies, statutory undertakings, lenders, developers, contractors & insurers.
Our services include:
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Advising, financial structuring and implementation of the projects.
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Structuring joint ventures and consortiums, structures for. raising project finance.
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Corporate, regulatory and transactional advice.
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Drafting and Negotiating EPC, O&M, PPA contracts.
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Preparing for bidding , reviewing, submitting tender documents and review, negotiation of award of contracts.
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Review of privatization and government contracts.
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Analyze and study Project Financing Tenders and Economic Feasibility Studies, its facts and requirements.
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Drafting assignments agreements, operating agreements and
purchase and sale agreements.
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Securitization of infrastructure loans and PFI/PPP loans, secondary PFI/PPP refinancing and repackaging of infrastructure loans through funded securitization and synthetic securitization.
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1. ENVIRONMENTAL LAW:
The services provided include:
- Soil pollution.
- Water pollution.
- Enforcement of remedial measures.
- Hazards control.
- Marine pollution.
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The Legal Documents Translation
There is a specialized unit in translating legal documents to be submitted to official and legal departments.
A) Written Translations
1- Legal Translations : include laws, statutes, ordinances, court judgments, summons, agency agreements, contracts, powers of attorney, memos of defense, initiatory pleadings, civil code of procedures, criminal laws, commercial laws…etc
Legal Translations of contracts, statutes, court judgments and other contractual documents must be done by translators specialized in this field .
A translation of this nature cannot be done by just anybody. LTC translators are specialists working in legal translation, often people who have studied law or have many years of work experience in this field and who are familiar with legal terminology and are accurate in the choice of terms used |
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2- Commercial And Banking Translations : include budgets, balance sheets, auditors’ reports, statement of accounts, notes to financial statements, memorandum and articles of association, deeds of amendment, deeds of merger, bills of lading, packing lists, Performa invoices, bills, customs clearing documents…..etc. |
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3- Technical Translations : include engineering literatures, construction documents, manufacturer's guides, installation papers, equipment print-outs, catalogue's… etc. |
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4- Medical Documents : include medical reports, medication descriptions… etc. |
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5- Press Releases Translations : include news clipping, magazines, newspapers, advertising and other published materials etc |
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B) Simultaneous Translation And Interpretation |
| In addition to the translation and typing services that we offer, we can provide highly trained interpreters for conferences, seminars, forums, discussions, meetings…etc |
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| ISLAMIC BANKING AND ISLAMIC FINANCIAL SERVICES. |
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We provide Sharia’h compliant and effective advisory services on Islamic finance projects and transactions for banks, financial institutions, insurance companies, investors, insurers, brokers, investment companies. |
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| CONSUMER BANKING SERVICES: |
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- Housing & Property Finance (Bai-Bithaman-Ajil / Ijara wa Iktina /
Diminishing Musharaka). |
| -Hire Purchase (Ijara Thumma Al-Bai). |
| -Share Financing (Bai-Bithaman-Ajil / Mudaraba / Musharaka) |
| - Working Capital Financing (Murabahah / Bai Al-Einah / Tawarruq) |
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CORPORATE BANKING/ TRADE FINANCE: |
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| - Project Financing (Mudaraba / Musharaka / Istisna / Ijara). |
| - Letter of Credit (Musharaka / Wakala/ Murabaha). |
| - Venture Capital (Diminishing Mudaraba / Musharaka). |
| - Financing Syndication (Musharaka + Murabaha / Istisna / Ijara). |
| - Working Capital Finance (Murabaha / Salam / Istijrar). |
| - Letter of Guarantee (Kafala + Ujr). |
| - Leasing (Ijara). |
| - Export/ Import Finance (Musharaka / Salam / Murabaha). |
| - Work-in-Progress, Construction Finance (Istisna). |
| - Underwriting, Advisory Services (Ujr). |
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TREASURY / MONEY MARKET INVESTMENT SERVICES: |
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| - Sell & buy-back agreements (Bai al-Einah). |
- Islamic Bonds (Mudaraba / Mushraka + Bai-Bithaman-Ajil / Istisna
/Ijara). |
| - Government Investment Issues (Qard Hasan / Salam / Mudaraba). |
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OTHER SERVICES |
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| - Stock-Broking Services (Murabaha / Wakala / Joala) |
| - Factoring (Wakala / Joala/ Bai al-Dayn) |
| - Administration of Property, Estates and Wills (Wakala) |
| - Sukuk(Islamic bond) |
| - Takaful (Islamic insurance) |
| - Structuring and launching an Islamic fund |
- Capital markets, bonds and investment funds for public offering
and private placement (national and international). |
- Licensing, registration, listing and compliances with the Central
Bank of Kuwait Guidelines and Kuwait Stock Exchange. |
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LITIGATION AND ARBITRATION |
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We have developed a four level sophisticated system, through which we run the litigation process. This process allows for a combination of individually experienced lawyers working together to provide the best possible resolution and strategy |
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Our extensive and comprehensive role takes the client from pre-case counseling to the final enforcement of court judgments including: |
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- Guiding client to opt for the most profitable alternative and
developing strategic route to win the case. |
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- Preparing Memorandum of Defense as well as the supporting
documents needed for presentation to the court. |
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- Periodic reporting to the client on the development of the case |
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- Finally, enforcing the court judgment. |
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LITIGATION: |
| We provide the following legal services: |
- Representing clients before all court levels, in all lawsuits filed by
them or against them and trials and appeals. |
- Representing clients as arbitrators or lawyers in judicial arbitration
in civil & commercial cases. |
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- Executing all courts decisions or arbitration awards in favour of
our clients. This is carried out by a team specialized in execution
procedures. We also have a team who has worked in large financial
institutions in the field of execution of judgments and arbitration
awards. |
- Submitting all complaints and police reports in criminal and
delinquency cases and submitting a legal defence, which serves
the interests of our clients. |
- Administrative law which includes filing of administrative suits
relating to the rights of public servants, such as promotions, fo
reign missions, financial matters. This also includes their
entitlements before the Public Authority for Social Security |
| - Labour and Employment litigation. |
| - Intellectual Property litigation, misappropriation of trade secrets. |
| - Insurance claims. |
| - Matrimonial litigation. |
| - Construction and engineering disputes. |
| - Corporate Insolvency litigation. |
| - Landlord, tenant and real property disputes. |
| - Maritime litigation. |
| - Taxation litigation. |
| - Trustee and Securities litigation. |
| - Public tendering litigation. |
| - Royalties disputes; government and oil companies. |
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| ARBITRATION, MEDIATION AND ALTERNATIVE DISPUTE RESOLUTION: |
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Arbitration is now the preferred method of resolving disputes that have an international element. Over the last decade the number of international arbitration proceedings, including investment treaty claims, has grown dramatically and so too has the complexity and value of those proceedings. This makes an understanding of international arbitration and investment treaty protection vital for anyone working across borders. |
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Our lawyers have extensive experience in dispute resolutions. Therefore we provide a wide range of arbitration services. Not only do we serve as pre-arbitration mediators, attempting to reach an amicable settlement between the concerned parties, but also when necessary, we extend our services as lawyers from guidance and advising to enforcement, including: |
| - Guiding clients to select their arbitrator. |
| - Preparing of the statement of claim. |
| - Negotiating and drafting the terms of reference. |
| - Conducting arbitration procedures. |
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MARITIME, SHIPPING AND TRANSPORTATION: |
| We can our services to oil, petrochemical and cargo carriers, ship owners, shipping managers, ship operators, ship charters and other vessels operators, banks, courier companies, ship selling and leasing brokers and marine underwriters and insurers. Our services include: |
| - ship registry. |
| - vessel sales and leasing. |
| - charters and management agreements. |
| • vessel financing. |
| • shipping storage and insurance contracts. |
| • ship acquisition. |
| • carriage of cargo and terminal operations. |
| • shipping and marine agreements. |
| • letters of intent and finalizing marine applications. |
| • transport securitization. |
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| MERGERS, ACQUISITIONS, AMALGAMATIONS, DISINVESTMENTS AND BUSINESS STRUCTURES: |
This is a developing area of practice in the Gulf region.
Our services in this area include: |
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| • Joint venture documentation and legal opinions |
• Creation of structures and special purpose vehicles (SPVs) for
maximum tax benefits. |
• Drafting and settlement of agreements and participation in
negotiations. (MOUs) |
| • Shareholding agreements and Management contracts |
• Commercial supply contracts (such as distributorships,
manufacturing agreements etc) |
| • Intellectual property transfers and licensing |
| • Privatizations of public sector undertakings (disinvestments) |
• Conducting comprehensive due diligences, drafting, negotiating
and settling of agreements and documents (including property and
environmental). |
| • Advise on management and employee issues. |
• Compliance with capital market regulations and Takeover
Regulations. |
• Liaising with and obtaining approvals from regulatory bodies –
Kuwait Foreign Investment Bureau, Central Bank of Kuwait and
Kuwait Stock Exchange. |
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| PUBLIC & PRIVATE TENDERS; CONSTRUCTION AND ENGINEERING |
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We can provide our services to the corporate sector in both Government Procurement and to the private sectors like Environmental issues, military purchases, telecommunications sector, large scale vehicle maintenance and logistical operations, military and commercial aerospace engineering, and infrastructure restructuring programs. |
Our services include:
• Bid offers, procedures and requirements |
| • Post award contract interpretation and performance issues |
| • Cost pricing issues |
| • Import and export controls and licensing requirements |
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CONSTRUCTION AND ENGINEERING
We can provide our services to various construction and engineering firms, sub-contractors and owners on all aspects of construction contracts including : |
• Tendering and bids
• Licensing,
• Bid protests
• Contract drafting and interpretation
• Extra work requirement
• Change order problems
• Payment disputes
• Design deficiencies
• Delay claims and performance issues |
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| REAL ESTATE DEVELOPMENT AND FINANCE: |
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We provide our innovative and sophisticated services to limited partnerships, purchasers, owners, developers, general contractors, subcontractors, project managers, architects, engineers, designers, housing investment trusts and other offshore vehicles. |
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• Negotiation and drafting of contracts
• Investigation of titles, leases and other documents
• Implementation of projects
• Creating vehicles for collective investment in real property
• Structure and tax status.
• Property securitization.
• Real estate finance and cross-border issues.
• Contractual and regulatory issues regarding the purchase and sale
of real estate.
• Advising on anticipated and potential risks and assisting clients in
dealing with financial.
• Technical contingencies prior to, during and post purchase or sale
of real estate construction.
• EPC/design build contracts,
• Operation and maintenance contracts.
• International standard form contracts. |
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