SERVICES

ESTABLISHING, OPERATING AND EXPANDING YOUR COMPANY

• Defining your establishment’s and/or your project’s legal structure;
• Drafting shareholders agreement, share purchase agreements, business development agreements
• Incorporating and registering subsidiaries or branches;
• Assistance with labour laws, regulations, compliance, human resources policies and averting potential claims and related litigation (including the settlement of claims and issues relating to the end-of-service awards, final exit). ;
• Assistance with the challenge to zakat or tax assessments;
• Assistance with bank disputes
• Assistance with real estate and administrative issues, including:
– Shariah-compliant leases (Ijara);
– Conventional commercial/residential leases and their renewal or termination;
– business acquisition and asset- transfer agreements;
– management and technical operation agreements;
– real estate acquisition, sale or leases either through conventional agreements or Islamic agreements;
– design, procurement, construction and renovation contracts and related claims;
– commercial urban planning and administrative agreements;
– health and safety rules, public building rules;
– rent review and assessment of eviction indemnity for commercial leases.
• Protecting your trademarks and logos, developing graphic charters;
• General sales conditions, invoicing, supply contracts, commercial relationships with suppliers and service providers, in particular transportation, packaging, logistic platforms, and similar agreements;
• Contractual structure of your network: agency, franchise, selective distribution, exclusive distribution, corner and other commercial contracts, know-how licenses, trademark and patent contracts, and related transactional documents.
• Registration of distribution contracts, and deregistration negotiations, proceedings or disputes.
• Assistance with fund raising activities including the review and negotiations of terms sheets, assistance with Shariah or conventional financing structures and regulated offerings.

MANAGING YOUR NETWORK

• Labeling and consumer information;
• Monitoring of the relevant regulations and standards concerning the sale or distribution of your commercial products;
• Assisting with potential claims, including consumer claims as well as those raised by the competent authority;
• Trademark and logo monitoring: counterfeiting, unfair competition, free riding and any other market practices having an adverse effect on protected intellectual property rights;
• Commercial cooperation and new promotional tools;
• Misleading advertisements, the unauthorized publication of proprietary information by non-authorized third-parties and any other legal issues in connection with the publication of information having a detrimental effect on your company’s good will and public image;
• Billing and payment terms and conditions, including representations, warranties and methods of payment;
• Distance distribution and e-commerce;
• Distribution and network laws, regulations, standards and policies;
• Regulated commercial practices, intermediaries, bonuses and gifts;
• Distribution network litigation (termination of long-standing commercial relationships);
• Licensed manufacturing and marketing; and
• Manufacturer’s liability and the liability of intermediaries or sales agents

LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION

The Firm has long been recognized as a leader in dispute resolution within Saudi Arabia and internationally. Our multilingual lawyers have significant experience pleading before tribunals, in the Middle East, in Europe or in North America, but are also skilled in finding and using alternative dispute resolution mechanisms to ensure our clients avoid the financial, reputational and other risks normally associated with litigation.

Our team is available to assist through all steps of the dispute resolution process, including, but not limited to, the negotiation with the parties or the relevant governmental authorities, the preparation and drafting of all necessary documentation, coordinating with external collaborators such as technical experts or facilitators, pleading before courts or tribunals and filing for appeal, if needed.

Our expertise includes, but is not limited to:
• Representing clients before the Saudi civil, commercial and Shariah courts, including the Labor Court;
• Representing clients before administrative tribunals in Saudi Arabia such as the SAMA Special Committee for the Resolution of Banking Disputes or Tax Committees;
• Representing clients before arbitration tribunals in Saudi Arabia and internationally, such as the International Chamber of Commerce (ICC)’s International Court of Arbitration, the London Court of International Arbitration and the Dubai International Arbitration Centre (DIAC);
• Negotiating with private parties or governmental authorities in order to reach a peaceful resolution to disputes; and
• Counsel to clients regarding the internal claim mechanism in construction contracts.

SELECTED EXPERIENCE

Here is a sample of previous mandates on which members of our team have worked in the past, in Saudi Arabia and abroad:
• Counsel to Olayan Group for all corporate, joint venture, labour and employment matters and litigation matters at the holding level.
• Counsel to Al Manahil for all of their contracts, litigation and all legal matters, including labor and employment.
• Counsel to SITAF in connection with all of the bids and contracting agreements.
• Counsel to NuYu Gym in connection with all legal issues, including but not limited to IP issues, employment agreements; HR legal planning and policies; and contracts.
• Counsel to Ericsson in connection with all human-resources issues and labor and employment relationships, including the management of:
o Golden-hand shake policies
o Termination/early retirement cases of Saudi and non-Saudi nationals and the settlement of related claims
• Counsel to Italian contracting company in connection with its project-management contracting and litigation with subcontractors.
• Acting for a consumer-loan company in connection with legal proceedings for the recovery of unpaid loans and the issuance of judgments, including enforcement judges.
• Counsel to Al Rajhi Holding and its affiliated companies in connection with all of the legal needs arising from the Riyadh Metro Project.
• Counsel to Al Rajhi Projects & Construction in connection with all of its legal needs, including sub-contractors relationships, preparation and settlement of construction claims surrounding the ITCC Project.
• Counsel to SAGIA-licensed companies in connection with the increase/decrease of capital, amendments of articles of association (ownership structures, objectives of the companies etc.).
• Counsel to defense contracting companies in connection with their proposed government contracts.
• Counsel to foreign and Saudi investors in connection with their respective joint venture agreements, including IP licensing issues.
• Counsel to Saudi and foreign distributors in connection with the distribution agreements and master franchise agreements for the GCC territory or the Saudi territory only.
• Counsel to foreign investors in connection with international arbitration proceedings against the Libyan State based on BIT claims.
• Counsel to foreign investors in connection with international arbitration based on BIT or contract claims.
• Acting for Nayifat Finance Co. in connection with the recovery of unpaid dues.