Banking & Finance is one of the most dynamic division of ASAM with a wide scope of services ranging from general corporate undertakings to specific banking legal services such as formulating agreements for selling of shares through banks; preparing standard forms such as letter of credit, letter of guarantee, and credit card agreement for general transactional use; counseling on legal aspects related to financing and loan agreements as well as rescheduling and settlement of debts; formulating the legal matters of security packages and drafting and reviewing agreements for capital management. Our team of attorneys are specialized in litigations and claims emanating from, or related to banking operations, investment and finance to guide the client in the right direction.
ASAM provides integrated solutions with respect to implementing Islamic/Shari’a Law in the financial, commercial and industrial sectors. We have a team of specialist lawyers who possess deep knowledge gained through wide and varied experience and education in the principles of Islamic Shari’a, which ultimately translates into proper implementation of sophisticated services in this field. In order to ensure compatibility of business with invaluable Shari’a legislation, we guide our clients towards solutions based on Murabaha, Ijara, Istisna’a, Musharaka, Mudharaba, Takaful and issuance of Sukouks, as well as Islamized techniques for daily banking operations, corporate business transactions and incorporation of companies. Also, our team handles all litigations and claims arising from, or related to, Islamic banking operations, investment and finance.
ASAM provides a full range of legal assistance and consultation to both private and public companies by preparation of shareholders agreements, partnership agreements, limited partnership and limited liability partnership agreements, limited liability company operating agreements, shareholders agreements and joint-venture agreements.
We also provide assistance to our clients in establishing holding companies and other forms of companies, drafting and review of employment contracts and non-competition agreements and negotiation, conclusion and implementation of mergers and acquisitions. ASAM has a specialized team of corporate lawyers who provide clients with advice and assistance in the preparation of private placement memorandums and filing of materials in private offerings.
Our excellent relationships with accountants, financial service companies, banks and other asset-based lenders together with the close relationship we usually develop and maintain with our clients enables us to effectively advise our clients on legal issues that would enforce overall business strategies and proper conduct of business activities.
ASAM offers legal and other consultancy services to companies and clients working in oil sector, natural gas and petrochemical fields in Kuwait and GCC region. Our services comprise of legal consultation on the whole process that begins with oil exploration, set up of oil wells, design, construction and commissioning of storage tanks, pipelines, gathering centers and oil refineries and extends up to transportation and sale of petroleum products and petrochemicals. Our team of lawyers is specialized in contracts and subcontracts for providing associated services to public sector oil companies, oil refineries, petrochemical companies and local and foreign contractors and subcontractors in the oil sector.
Whether the issues are on acquisition of right for subsoil use, petroleum operations contracts, production sharing contracts or joint operating agreements, our team of skilled lawyers is capable of handling such matters in the most professional way. We also have lawyers with expertise in preparation, presentation, negotiation and settlement of claims and disputes that are directly connected to oil and gas industry.
Our attorneys offer legal expertise to insurance providers and insured alike both locally and abroad. ASAM has a team of lawyers specialized in different types of insurances such as Life Insurance, Property Insurance, Health Insurance, Auto Insurance, Travel Insurance, Credit Insurance and Third-Party Insurance. ASAM covers all forms of risk encountered on the personal level and in local and international commercial settings, property damages, casualty and financial risks. We also have extensive practice in reinsurance, marine and aviation insurance sector, and hull and cargo work.
Legal matters related to the aviation industry comprise a significant portion of our expertise; our work extends beyond airlines to related organizations and service providers that deal with aviation industry. We provide incorporation of airlines and other related companies; drafting and reviewing contracts related to all aspects of aviation industry, such as: purchase, sale, lease, financing, mortgage, insurance, management, employment, fueling, catering, maintenance, check, and parking; as well as settling of claims related to accident, insurance, damages of goods and implementation of contracts.
ASAM is fully equipped to provide legal consultation and litigation services in the field of shipping and maritime laws to local and foreign clients. Our maritime practice includes incorporating ship-owners and sea-freight companies; drafting and negotiating contracts for vessel sales, purchases and chartering as well as carriage of goods by sea; counseling and negotiating on marine insurance contracts and its specific aspects of warranties, risks and mitigation; negotiating and managing legal procedures of shipbuilding, mortgaging, ownership and liabilities issues.
We also handle all litigations and claims emanating from, or related to, cargo damages, accidents and pollution, which are effectively resolved in accordance with the provisions of Maritime Law No. 28 of 1980 and similar maritime laws subsequently enacted in other GCC Countries of Oman, Qatar, U.A.E. and Bahrain and in various countries internationally.
Our lawyers, having in-depth training and experience in construction and real estate law are tuned to the ever-evolving Kuwaiti real estate law for providing comprehensive services and advices on varied practice areas of that law. Our areas of practice include Land/Community Development, development of condominiums, resort infrastructure, commercial buildings and villa projects.
We provide legal services in real estate field starting from drafting and negotiating agreements of sale, purchase, rent, mortgage and financing, advice on construction risk management and insurance coverage for projects. Our attorneys handle all kinds of litigation related to real estate affairs and advise and assist our clients in developing effective basis for a successful community plan.
ASAM has a team of legal consultants who are specialized in drafting and negotiating engineering, procurement and construction contracts as well as financing agreements, documents for design liabilities, warranties and bonds in accordance with relevant local regulations in the State of Kuwait.
Awareness of a country’s tax law is highly essential for citizens, foreigners and foreign and local corporate entities to successfully pursue business in any country. Although there is no taxation on income of individuals in Kuwait, all corporate bodies carrying on business in Kuwait are liable to pay taxes on the profit earned from such business operations. However, no tax is currently being levied on Kuwaiti companies wholly owned by Kuwaiti nationals and companies incorporated in any of the GCC Countries that are wholly owned by GCC nationals.
ASAM has a team of lawyers specialized in taxation laws who are providing our clients with advice on a wide range of tax matters including rates and extent of tax liability, tax planning and avoidance of double taxation for foreign companies. We also provide our clients with tax consultancy services and represent our clients at the Kuwait Tax Authority on tax assessments and related claims.
Alternative Dispute Resolution is the most cost-effective and relatively simpler and quicker alternative to civil litigation. We have a team of lawyers highly skilled and experienced in arbitration and conciliation, the two forms of alternative dispute resolution that are generally being practiced. The disputing parties have the freedom over selection of the arbitrator or the conciliator as the case may be and thus have a better control over the process to reach a settlement of dispute. In the present scenario, business is conducted on a global level, where commitments, liabilities and execution are made across borders; hence, international arbitration is becoming an important method of dispute resolutions. Since Kuwait is a party to the New York Convention of 1958, locally issued arbitration awards are enforceable in almost 130 nations worldwide.
We provide a wide range of arbitration services that includes preparation of the statement of claim; negotiating and drafting the terms of reference; and enforcing the arbitration awards on both local and international level. Conciliation as another form of alternative dispute resolution is usually adopted by parties who prefer to settle the dispute while preserving healthy business relationship to continue their business operations. Under this process, parties to the dispute selects an acceptable conciliator who assists the parties to properly understand the core issue of dispute and provide constructive and impartial opinion to help the parties to reach an amicable settlement. We have specially trained attorneys to assist our clients by providing right advice in this regard.