Our Experience

Our Alternative Dispute Resolution (ADR) practice enables us to achieve results that meet our clients’ business objectives, reduce the expense and delay associated with resolving disputes that are generally coupled with litigation. Our approach to dispute resolution is to offer advisory and consultation to avoid and manage disputes. The approach embraces a full range of resolution options, including negotiation, arbitration, mediation and customized ADR options. It is not surprising that clients today often look to resolve their disputes outside of the court. We are engaged in dispute resolution in various commercial and financial aspects, assisting companies, family based businesses and individuals in pursuing the best ADR solutions. Our services in this aspect include:
• Drafting issues in cross-border agreements
• Enforceability of the award
• Choice of law and jurisdiction
• Language and culture issues
We have extensive expertise in a wide range of ADR processes including mediation, expert appointment and testimonies. We cooperate with other professional service providers and networks covering forensic accounting, health, construction, engineering, energy, etc.
Banking, Investment & Finance
Our experience covers handling all aspects of a financial firms and institutions. We represent financial service providers for years and act as local counsels for international deals. Our lawyers’ expertise is based on deep understanding of banking, investment, and financial products as we regularly work alongside regulators.
We also offer comprehensive legal services for the structuring and formation of investment funds. We represent clients in secured and unsecured lending and asset-based financing, advise clients on innovative lending transactions and deal structures and establishing complex structures in offshore centers.
Bankruptcy & Restructuring
Our lawyers are experienced commercial and bankruptcy litigators who represented clients in a broad spectrum of sectors, including real estate, investments, hospitality and construction. The bankruptcy and restructuring team represented clients in the following cases:
• Debtors and debtors in possession of assets
• Secured and unsecured lenders
• Unsecured creditors
• Second lien and seizure of collateral assets
• Asset purchasers
We represent creditors, customers, suppliers, lenders, debtors and other interested parties in restructurings, out-of-court settlements, asset management, liquidations and foreclosures and court proceedings. Our clients include large local companies, small businesses, families and individuals.
Capital Markets & Securities
Kuwait over the years, has witnessed many sweeping changes in regulations with respect to capital markets law, which included governance and risk management, as market regulations and capital flows continue to evolve. We will continue to be at the forefront of these developments to serve the needs of our clients.
We are qualified to represent issuers and underwriters on equity and debt capital raisings, including public and private equity and debt financings, secured financings and distressed debt trading.
Construction & Engineering
The construction and engineering practice handles all aspects of transactional construction as well as dispute avoidance and resolution. It covers BOT and PPP projects, government tenders, procurement, construction finance, construction insolvency and major infrastructure projects. We work with clients on understanding the market that enables the clients to take realistic and commercial positions that avoid risks.
Our lawyers have represented project owners and developers, architects, major equipment suppliers, and subcontractors and governments, we advise on all types of construction claims, including:
• extensions of deadlines
• loss and expense/delay and disruption claims
• liquidated damages
• performance related disputes
• defects claims
• variations/final account claims
Doing Business in Kuwait
We are can act for international foreign companies and investors in their dealings and doing business in Kuwait and GCC Gulf countries.
We work on different types of requests and advise businesses on market entry into Kuwait; financing, licenses, work permits, foreign investment, tax considerations, joint ventures, tenders, employment and labor, environmental regulations, bankruptcy, insolvency and restructuring, Doing Business in Kuwait provides important leads on understanding the legal system within the context of conducting business.
We have a vast network of professional contacts to engage in every aspect of business dealings, including accountants, architects, engineers, quantity surveyors, real estate agents, taxation specialists, valuers and property marketers. For our foreign based clients, Mohammad Naser Al Hayyani Group for Legal Advice and Commercial Arbitration is more than a legal advisor.
Employment & Labor
Our Group’s strength in helping employers and employees address the many elements of the employment relationship through preventive policies and litigation. We represent clients in employment issues relating to:
• employment termination issues
• drafting of employment bylaws manual and handbook
• occupational safety and health concerns
• compensation
• family and medical leave
• litigation in Kuwaiti courts
Insurance
We can work with insurers, reinsurers, regulators, and policymakers on insurance product and industry-related matters. We have deep industry knowledge and experience with all types of insurance.
Our attorneys can handle coverage issues and litigated cases involving a wide range of different types of commercial insurance cases and issues including:
• Aircraft carriers
• P&I Clubs & Marine Insurance
• Maritime Shipping and transportation insurance
• Commercial General Liability
• Professional Liability
• Errors, Tort & Omissions
We handle claims arising from insurance and reinsurance disputes. We also collaborate with corporate and commercial groups to advise on commercial agreements, policy wordings, and regulatory requirements within the insurance sector in Kuwait.
Intellectual Property Rights (IPR)
We represent clients in patent, copyright and trademark matters, along with business issues related to intellectual property laws.
Areas of Expertise Include:
• Patents
• Trade Marks
• Copyright
We also cover commercial business matters in the area of Intellectual Property such as:
• Designs
• Non-Disclosure Agreements
• Franchising Agreements
• Licensing and Royalty Agreements
• Agency, Distribution and Merchandising Agreements
Islamic Finance
Islamic Finance is rapidly growing. We are well-versed with the processes necessary to develop and implement structures that meet the approval criteria of Shari’a control boards. We can advise Islamic banks, international banks and corporations on the structuring and documenting of Murabaha, Musharaka, Ijarah, Istisna’a, Sukuk, Mudaraba and Wakala financing.
We also offer services and leading expertise in Sharia compliance in the following areas:
• Real estate finance, development and investment
• Corporate banking and finance
• Private banking and wealth management
Joint Ventures & Start-ups
Our firm provides comprehensive legal assistance to local and foreign clients, individuals and multinationals, across all sectors with respect to the structuring and negotiation of equity and contractual joint ventures. The group has long experience in the formation and documentation of various types of companies, our services include:
• Issues such as drafting of memoranda of understanding and letters of intent, which are necessary before company establishment
• Financial obligations and capital requirements
• Articles and memoranda of association
• Cash distribution provisions
• Allocations of profits and losses
• Decision making (governance and control)
• Transfer restrictions and exit mechanisms
• Selection of applicable law
Litigation
Mohammad Naser Al Hayyani Group for Legal Advice and Commercial Arbitration has a strong and diverse litigation practice in Kuwait. We represent clients as plaintiffs and as defendants in a various areas, such as:
• Commercial disputes,
• Inheritance, succession, and heirs issues
• Securities regulation,
• International dispute resolution,
• Bankruptcy,
• Mergers and acquisitions,
• Labour disputes, and
• Tax disputes
Mergers and Acquisitions
The lawyers working for Mohammad Naser Al Hayyani Group are leading advisers on mergers and acquisitions. We provide practical, solution-oriented advice that assists clients in achieving their business objectives. We provide advice for companies of all sizes and structures on:
• Public company mergers and takeovers
• Private company acquisitions and sales
• Leveraged buy-outs
• Follow-up and Due Diligence
• Acquisitions and sales of subsidiaries, divisions and other assets
• Acquisition financings
• Formation and operation of strategic alliances
• Asset sales
• Stock sales
• Strategic alliances
Real estate and Property
We provide comprehensive legal services to clients engaged in all aspects of real estate transactions, from financing, acquisition, planning and construction to disposition of properties.
Our targeted clients include:
• Property management companies
• Private commercial and residential developers and investors
• Institutional investors and managers
• Contractors
• Financial institutions
• Hotel and leisure resorts
• Insurers and underwriters
Telecommunication, Media and Technology
Our lawyers understand the legal and business issues faced by our clients in the TMT industries. Mohammad Naser Al Hayyani Group for Legal Advice and Commercial Arbitration provides corporate transactional and regulatory advice in connection with compliance, licensing, commercial, financing and capital markets, IP protection and enforcement, litigation and tax matters. We work with client in the telecommunications, technology, and media sector.