AREAS OF
PRACTICE

We advise on the full range of commercial issues, across all sectors, on a multi-jurisdictional basis. Our general commercial experience includes advising on all commercial contracts including contracts covering outsourcing conducted through a detailed procurement process, services distribution, franchising, PPPs, software licensing, development, product, marketing, manufacturing, supply, maintenance and support, white labeling, collaboration, joint venture agreements and online terms and conditions.

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We also advise on non-contractual commercial issues such as data protection, freedom of information, document retention policies, and e-Commerce. Clients value the caliber of our team, the quality of our legal expertise and our ability to negotiate robust agreements. Key to our success is the ability to combine the technical skills of our professionals with the business needs of our clients. We proactively help our Clients to understand and deal with issues that arise in a commercial manner that fits in with their business objectives.

Al Khebra’s top-tier construction team provides construction law and risk management advice in relation to all aspects of domestic projects and international construction procurement. We provide all the legal services required to deliver a construction project, from concept to delivery. 

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The construction group advises on the construction aspects of all types of property investment and development, all types of property sales and purchases and both publicly and privately financed energy, transport, infrastructure and regeneration projects. The group acts for developers, public bodies, funding institutions, project sponsors, contractors and consultants. 

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The group advises on procurement strategy and structure (including how and when to use bespoke or standard forms of contract) and negotiates all forms of engineering and construction contracts and associated documentation (including security and agreements with adjacent owners of transport infrastructure). We work with our clients to ensure the right contract is in place, create project delivery strategies and management processes, minimize risk and meet commercial objectives. 

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Additionally, Al Khebra has a specialist group of contentious construction lawyers whose advice is readily available if potential claims arise to protect the client's position and be prepared for any dispute. Our diversely skilled lawyers provide high quality advice to help manage and resolve disputes.

Our team of lawyers’ advice companies on their ongoing obligations in a world where businesses are increasingly accountable to all stakeholders. 

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We regularly advise on general company law matters and legal issues that affect the day-to-day operation of business. We provide support to our clients' in-house legal teams and are experts on many of today's leading issues such as corporate governance and compliance. 

Our Corporate team assists clients to meet rigorous corporate regulation and shareholder demands for improved corporate performance. We support clients in the development and implementation of practical and innovative solutions for company law and corporate governance. We deliver not only compliance, but a platform for enhancing corporate success. 

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We act for many internationally listed clients, giving us invaluable experience with and exposure to an array of company law issues. 

AL Khebra’s employment specialists deliver high quality, commercial advice on all aspects of the employment relationship - from recruitment through to retirement. We have a fully integrated team of specialist advisers who are able to provide comprehensive advice on the day-to-day, transactional, and contentious issues that our clients face.

We recognize management of people is key to business success. We work with clients to respond immediately to all workplace issues and provide solutions, which are tailored to and appropriate for our clients' commercial objectives, people strategies, and culture. We appreciate the need to maintain constructive employment relationships with all stakeholders. 

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We use our experience and knowledge to anticipate problems and deliver innovative solutions. Where possible, we help turn a problem into an opportunity. We offer our clients the complete suite of employment law services - strategic development, advice, advocacy, and workplace training

As the most valuable corporate assets become increasingly intangible, the importance of identifying and solving intellectual property-related issues arising in complex corporate transactions becomes ever more essential. 

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Our Intellectual Property Transactions Group counsels clients on intellectual property issues arising in all types of corporate and financial transactions, including: Acquisitions and divestitures of IP and technology assets, Joint ventures and joint development arrangements, Licensing and technology transactions, Research and development agreements, Securitization of intellectual property in debt transactions, Technology services agreements, IP portfolio development counseling, IP due diligence, Internet and new media issues.

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We provide critical support on nearly every transaction in which the Firm is involved—including mergers and acquisitions, capital markets, bankruptcies and financings—handling critical IP due diligence and the development of intellectual property portfolio strategies. The group also works closely with corporate, antitrust and tax lawyers in order to deliver intellectual property law advice from an integrated, multidisciplinary point of view.

Our team provides advice and support to both suppliers and users of information, communications and technology (ICT) products and services.

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Our contracting expertise and experience includes:

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Outsourcing: IT, business process, HR, communications, call center and telecoms network.

IT procurement: Hardware, software licensing and development, data center services.

Telecoms: Networks build and operate arrangements, satellite, submarine cable and wireless systems.

E-commerce: linking and affiliate deals and acquisition of content.

Our advisory expertise and experience includes:

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Data protection/privacy: advising on data security incidents, transfers of data outside the country of origin, recording/monitoring of communications, subject access requests.

Telecoms and broadcasting regulations: advising on ownership controls, license grant and conditions, regulatory complaints and disputes and consumer protection issues.

E-commerce: advising on e-commerce rules, electronic marketing and advertising, and gaming and defenses to liability for ISPs.

Media: advising on regulatory aspects of broadcasting and satellite services

Our services in this field range from advising on the establishment of local and international portfolios and funds to drafting of all kinds of investment agreements and arrangements under different jurisdictions. Our lawyers are regularly involved in structuring and negotiating the funds’ investments. We work with our clients from the beginning to establish exit strategies, whether by private sale, public offering, merger or acquisition. 

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In addition to fund formation, Al Khebra’s lawyers advise private equity fund sponsors and investors on all of their ongoing business matters, including transfers, defaults, investment structuring, co-investments, succession issues, leverage facilities, employee incentive plans, employment matters, spin-outs, management company structures and tax structuring for investors and investments.

We provide our corporate and investment banking clients with the best technical and commercial advice on all aspects of M&A and corporate finance transactions. Our expertise ranges from large cross-border acquisitions and disposals through to smaller private company deals. Evidence of our reputation can be found both in the large number of listed clients we advise and the volume of deals on which we have acted. The sheer volume of deals in which we are involved exposes us to an array of issues across different sectors and the cross-border nature of our work gives us invaluable experience in a large number of local and regional jurisdictions.

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We are experienced in the full range of public and private acquisitions and divestments, including: acquisitions and disposals, mergers and de-mergers, joint ventures, takeover bids and responses, shareholder-approved acquisitions, venture capital and private equity, shareholder buyouts, management buyouts, schemes of arrangement, cross-border acquisitions and disposals, strategic capital reductions, share buybacks.

Corporate finance - We have considerable experience and expertise in bringing companies to market and leading them through the transition of private to public. We also advise investment banks and corporate clients on equity capital raising.

Ongoing counsel - In addition to advising on M&A transactions, we also liaise closely with and support corporate and investment banking clients on an ongoing basis to advice as required on matters such as: Stock Exchange & CMA continuing obligations, statutory takeover requirements, share dealings and any other regulations and issues as they affect our clients.

All foreign contractors awarded supply contracts with the State of Kuwait (or other jurisdictions imposing offset obligations in the Gulf region) which reach or exceed a prescribed threshold amount will incur offset obligations which must be satisfied by the foreign contractor.

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Al Khebra has extensive experience in advising foreign contractors in complying with their local offset obligations, including negotiating agreements with local partners and implementing the relevant offset projects. We also assist and advise on the establishment of the necessary special purpose vehicle to implement the offset obligations.

Our lawyers specialize in advising all tiers of government. We have an in-depth understanding of how government works. Our expertise is founded on extensive public sector experience, which ensures we have the insight and policy understanding to provide the services particular to government.

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We combine long-standing public sector legal service with extensive private sector commercial and transaction experience. Our experience includes advising government on all aspects of public sector planning, asset sales, privatizations, disposal of property and equipment, Public Private Partnerships, tendering and contracting, market testing and procurement initiatives, and public sector employment.

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We are committed to providing quality, value-added legal service to government. We value our record of providing advice to our public sector clients that achieves objectives and minimizes legal risk within the regulatory and accountability framework in which government operates.

AL Khebra is recognized as local leader in the field of project finance. Our multi-disciplinary team is renowned for its expertise in limited recourse financings in all sectors, including, utilities and infrastructure. Our team brings an integrated and creative approach to the structuring of projects, and has extensive experience of a wide range of financing techniques.

We treat the development and financing of a project as an integrated discipline. We assemble teams with expertise in debt and equity finance, construction and operations, property, tax and insurance, as well as the relevant regulatory framework for the project. This holistic approach enables us to identify and deal with material project risks in an effective manner, which facilitates a successful project-financing outcome.

AL Khebra’s restructuring and corporate recovery group advises on all issues arising from corporate distress, distressed investing, and formal insolvencies. These include:

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Restructuring: Creative debt and equity restructuring options, Debtor-led restructuring and workouts, Creditor-led restructuring and workouts, Standstill arrangements, Refinancing, Debt/equity swaps, Schemes of arrangement and voluntary administrations and liquidations, Directors' duties, Credit risk reduction and management. 

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Distressed investing: Acquisition and disposal of distressed assets, due diligence, Debt control transactions, Claims trading, Tax and acquisition structuring, Acquisition funding Exits.

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Formal insolvencies: Complex insolvency administrations, including cross-border insolvencies, Choice of forum, Choice of process, Advising insolvency administrators, Advising lenders, Receiverships , Liquidations and voluntary administrations, Advising creditors, All forms of insolvency related litigation and dispute resolution.

AL Khebra’s leading real estate practice has been designed to help our clients benefit from the global real estate opportunities today, not only through conventional means of ownership but increasingly using sophisticated structured finance techniques as well as models involving privatization, outsourcing and public private partnerships.

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We have extensive experience advising on all forms of real estate activity ranging from the acquisition, planning, construction and development, letting and sale of mixed-use sites, office buildings, business parks, retail units, shopping centers, government property, hotels and leisure, industrial sites and aged care facilities.

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We also advise on major urban regeneration projects, the real estate aspects of energy, resources and infrastructure projects, property financing transactions, public private partnerships and private finance initiatives, joint ventures, outsourcing, real estate investment funds and other innovative co-ownership or real estate tax and real estate finance driven schemes.

We provide advice to foreign companies with respect to their liability for income tax and advice on a transaction’s structural alternatives to assist in mitigating a foreign company’s exposure to the payment of income tax in Kuwait. We are also able to advise clients with respect to possible tax exposure in other countries in the Gulf region.

Al Khebra is one of the foremost firms in the structuring and closing of venture capital investments.

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From the structuring of bridge loans through the sophisticated negotiation of later-stage financings, we provide advice on the structuring of domestic and off-shore entities; prepare placement memoranda and subscription agreements; negotiate with investors in funds and structure general partner and advisor arrangements. Our lawyers assist clients in their due diligence review of corporate, patent, intellectual property and other issues in connection with potential investment.

We have extensive litigation and arbitration experience in banking, construction, insurance, property and general commercial areas.

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We also have experience with complex litigation, including military supply contract disputes and oil construction claims. We advise clients with respect to available forums for dispute resolution, including courts and arbitrations and we are well-versed in seeking alternative means to resolve commercial disputes.