‘Kuwaiti law does not recognise unregistered deals’

Labeed Ameen’s firm specialises in cross-border disputes

Labeed Abdal Mohammed Ameen is a lawyer with his own private practice. He has a Masters in Law from Kuwait University. His firm handles both civil and criminal cases, with an especial focus on commercial cases involving Multi National Companies and cross-border commercial disputes.When the disputes are cross border, it is a bit involved. “We have a team of special lawyers to handle such cases to coordinate between the laws of the two countries and build up a strong strategy for defense.” IrregularitiesLabeed and his team have to be conversant with the laws of the countries where the disputing parties belong, and have to be constantly updated to be on par with the changes in the laws. When asked to recall some of his most interesting cases, a host of legal battles came rushing to his mind. Recently there was a case filed by a plaintiff in the UAE against a Kuwaiti subcontracting company. The dispute was regarding construction materials imported by the company from the plaintiff, and some alleged irregularities in the transaction. Labeed built up a strong case for his Kuwaiti client and won the case.
Kuwait is a big economy and the companies here have many multi-national deals. In another instance, a local company got into a legal confrontation with importers in India and China. It was over payments for pipes and other materials bought for construction works in the oil industry. PartnershipLabeed’s word of advice for businesses and entrepreneurs in Kuwait is firstly that they have to be aware of their legal responsibilities. “Make sure you register your company and all agreements related to your business.”
In the case of a foreign partnership, where a Kuwait company is functioning as an agent, there is what is called an agent agreement which needs to be registered according to the format given by the ministry. Most companies don’t register their agreements in which the terms of profit sharing and other details of the business are mentioned.
Kuwaiti law does not recognize any unregistered deals or agreements. This advice holds good for the foreign business community in Kuwait as well.
In Labeed’s experience, he has seen many foreign entrepreneurs entering into agreements that are actually inimical to their interests. They do this without being fully aware of the law or its ramifications. In such instances, he advices entrepreneurs to seek legal help before signing into any agreement. Loan sharks pose another challenge to entrepreneurs, who often find themselves strapped for cash and are on the look out for financiers. It is this scenario the unscrupulous loan sharks take advantage of. Labeed’s advises businessmen to be wary of such loan sharks and to borrow money only from credible financiers, from the right channels.
SponsorsSome foreign entrepreneurs enter into business agreements with Kuwaiti sponsors without registering the agreement documents, says Labeed. “Initially, the partners are very close and there is a tendency to trust one another. Agreements are made merely in spoken words, and nothing is put in black and white.”However, the lawyer adds, when the business is up and running and when the partners begin to see real money, their true colors begin to emerge. “The foreign partners are short changed with the sponsor going down on his promises.”
Then there is what is called Side Agreements, or Sleeping Partner Agreements. Under this, an entrepreneur offers his skills to a company for a share in the profits. Such agreements are almost never registered, and more often than not end up in legal wrangling.
In cross-border disputes, Labeed does not always represent the Kuwaiti side. Even foreign parties appoint Labeed to fight their case in Kuwait. Recently, a Swiss company sought the legal help of Labeed to sue a Kuwaiti commercial agent, who was authorized by the Swiss firm to market a food product in Kuwait. The agent did not fulfill the target as specified in the agreement. “The Swiss company approached us to terminate the contract and appoint a new agent for them. The former agent, meanwhile, went to the court claiming compensation, and we are now defending our client.”Labeed advises foreign entrepreneurs to be active in commercial forums of their respective communities, as these organizations will be in touch with their embassies and the Commercial and Economic Council, which can provide due guidance in business matters.
By: Valiya S. Sajjad

http://www.arabtimesonline.com/NewsDetails/tabid/96/smid/414/ArticleID/158469/t/%E2%80%98Kuwaiti-law-does-not-recognise-unregistered-deals%E2%80%99/Default.aspx

Kuwait lawyer on Hariri panel

KUWAIT CITY, Aug 17: The Admission Panel of the Special Tribunal of Lebanon (STL) in the Netherlands approved the admission of Kuwaiti attorney Labeed Abdal to the list of Defense Counsel’s List Monday.The attorney was speaking to the Arab Times Tuesday following his appointment to the tribunal. Labeed will be the first lawyer from Kuwait and the Gulf region listed in a special tribunal that has an international character “because the STL was established following the request of the Lebanese government to the UN to conduct the trial of the people allegedly involved in the assassination of former premiere Rafiq Al Hariri.“The UN and the Lebanese government negotiated an agreement and formed the STL, which came into force on May 2007.”

http://www.arabtimesonline.com/NewsDetails/tabid/96/smid/414/ArticleID/158409/t/Kuwait-lawyer-on-Hariri-panel/Default.aspx

PM’s Lat. Am visit crucial

THE recent visit of HH the Prime Minister Sheikh Nasser Mohammad Al-Ahmad Al-Sabah, along with a number of ministers and a high-level trade delegation, to South America is vital in the Kuwaiti government’s move towards an important continent.Rekindling ties with Latin America through the premier’s visit to Cuba, Brazil, Chile, Argentina and Mexico is crucial in promoting the KD 37 billion development plan of Kuwait, in addition to attracting foreign investors to the country. This requires the full cooperation of both wings of Kuwait’s democracy.The Parliament and government are expected to exert tremendous efforts to reach a solid agreement on the development program of the executive and other future projects, especially in the infrastructure and economic sectors. This is pertinent since the Kuwaiti Cabinet is appointed by HH the Amir Sheikh Sabah Al-Ahmad Al-Sabah in accordance with Article 56 of the Constitution, while members of the Parliament are elected into office.The private sector and foreign business communities in Kuwait expect both authorities to take more positive steps, as the country could no longer afford any tension between the two authorities, which usually clash at the beginning of each legislative round.Foreign business councils, circles and forums under the umbrella of many important embassies in Kuwait must be given a better chance to develop investment opportunities between Kuwait and other countries in the world, considering their dedicated and continuous efforts for Kuwait and the whole business community.Email: Labeed.abdal@gmail.com
By: Labeed Abdal
http://www.arabtimesonline.com/RSS/tabid/69/smid/414/ArticleID/157918/Default.aspx