DISPUTE RESOLUTION

Experience

Dispute Resolution

All legal proceedings in Saudi Arabia are treated as confidential, and we are prohibited from disclosing details of disputes in which we have acted unless such details have otherwise become public. Cases in which we have recently been involved include the following:


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Banking and Finance


  • We represented a Saudi Arabian bank in litigation arising from the alleged mismanagement of an investment fund.
  • We represented a Saudi Arabian bank in proceedings before the SAMA Banking Disputes Committee brought against it under a guarantee.
  • We represented a Saudi Arabian bank in proceedings before the SAMA Banking Disputes Committee brought by a client for the alleged mismanagement of the client relationship.
  • We represented the insurers of a Saudi Arabian bank in connection with proceedings brought against the bank for the alleged mishandling of a private placement.
  • We represented an international bank in proceedings arising out of the default of a Saudi Arabian property development company.
  • We represented a financing company in connection with claims against an airline arising out of the airline's default under a loan agreement.
  • We have acted in several proceedings in respect of unpaid debts brought by banks before the SAMA Banking Disputes Committee.
  • We acted on behalf of a French bank in connection with a claim for approximately US$200 million against a Saudi Arabian hospitals group.
  • We have acted in several cases in respect of dishonoured promissory notes before the Commission for the Settlement of Negotiable Instruments Disputes.
  • We are representing several financial institutions in a US$650 million claim against the Saad Group.
  • We represented the CEO of a listed company in the first successful challenge to a resolution by the Saudi Arabian Capital Market Authority under the Capital Market Regulation of 2003 and the Market Conduct Regulation 2004 before the Committee for the Resolution of Securities Disputes both at primary and appellate level.
  • We represented an international financial institution in proceedings before the Committee for the Resolution of Securities Disputes.
  • We represented a Saudi Arabian listed company and its chairman before the Committee for the Resolution of Securities Disputes both at primary and appellate level in an action brought by the public prosecutor under the Capital Market Law and the Market Conduct Regulation.
  • We are representing the auditors of a Saudi Arabian listed company in proceedings before the Committee for the Resolution of Securities Disputes.


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Corporate


  • We represented a Saudi Arabian insurance company in liquidation proceedings of a financial intermediary.
  • We represented a member of a Saudi Arabian merchant family in a shareholder dispute resulting in a settlement in favour of our client close to US$500 million.
  • We represented a multinational company in a dispute with other shareholders in a Saudi Arabian joint venture company.
  • We successfully represented an international ships’ agency group in Saudi Arabian court proceedings involving a series of claims against the insolvent Beluga Shipping Group of Germany, in the course of which we managed to pierce the corporate veil of several one-ship companies.
  • We are representing a foreign shareholder in a Saudi Arabian company in court proceedings brought by other shareholders over the control of the company.
  • We are representing the foreign shareholder in a Saudi Arabian trading company in a dispute with the Saudi Arabian shareholder.
  • We represent a UK Company in connection with a dispute with its Saudi Arabian partner in a Saudi Arabian joint venture company, involving multiple proceedings before several tribunals.


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Bankruptcy


  • We represent creditors of the Saad Trading and Maan Al Sanea in their liquidation proceedings.
  • We represented creditors of Saudi Import Company Abdul Latif Banaja and Partners in the company’s attempted bankruptcy proceedings.
  • We represent creditors of Al Nahda Medical Company in the company’s liquidation proceedings.
  • We represent creditors of Al Aman Modern Energy in the company’s financial reorganisation proceedings.
  • We represent creditors of Al Wafeer Aviation in the company’s liquidation proceedings.
  • We represent creditors of Makamin Petroleum Services in the company’s bankruptcy proceedings.
  • We represent creditors of Omar Ali Balsharaf Trading in the establishment’s bankruptcy proceedings.
  • We represent creditors of Saleh H Al Abdullatif Trading in the company’s liquidation proceedings.


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Trade


  • We represented an international steel company in proceedings before the Board of Grievances against a Saudi Arabian client.
  • We represented an international energy company in proceedings before the Board of Grievances brought by another international energy company for the breach of an oil supply contract.
  • We represented a Saudi Arabian conglomerate in proceedings against the Customs Department in respect of customs fines.
  • We represented a commodities trading company in sale dispute proceedings against a petrochemical producer.
  • We represented an international soft drinks manufacturer in connection with the termination of a long-term supply contract.
  • We represented a Saudi Arabian oil services equipment supplier in proceedings before the Board of Grievances against an equipment supplier.
  • We represented an international medical equipment company in proceedings before the Board of Grievances against a Saudi Arabian customer.


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Distributorships and Agencies


  • We represented a luxury goods company in arbitration proceedings resulting from the termination of its Saudi Arabian distributor.
  • We represented a Saudi Arabian distribution conglomerate in proceedings before the Board of Grievances against a food production company.
  • We represented an international food production company in distributor termination proceedings.
  • We represented an international steel company in agency termination proceedings.
  • We represented an international trading company in agency termination proceedings.
  • We represented an international trading house in agency termination proceedings.
  • We represented a furniture manufacturer in distributor termination proceedings.
  • We represented a domestic appliances manufacturer in distributor termination proceedings.
  • We represented an international engineering company in agency termination proceedings.
  • We represented an international photographic equipment manufacturer in distributor termination proceedings.
  • We represented an aircraft engine manufacturer in agency termination proceedings.
  • We represented a watch manufacturer in distributor termination proceedings.
  • We are representing a construction equipment manufacturer in distributor termination proceedings.
  • We are representing an international pharmaceuticals company in court proceedings against its former Saudi Arabian distributor.
  • We are representing an international medical company in court proceedings against its former Saudi Arabian distributor.


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Insurance


  • We represented a Saudi Arabian insurance company in arbitration proceedings arising from a fraudulent marine insurance claim
  • We represented a Saudi Arabian insurance company in arbitration proceedings in connection with a series of damage and business interruption claims by an electricity company.
  • We represented an insurance company and its reinsurers in arbitration proceedings resulting from a property loss and business interruption claim at a glass factory.
  • We represented a car distribution company in arbitration proceedings in connection with a property loss and business interruption claim resulting from a fire at one of our client's warehouses.
  • We represented international reinsurers in fire claim proceedings before the SAMA Insurance Disputes Committee.
  • We represented liability insurers of a transport company in the first appeal from the SAMA Insurance Disputes Commission to the Board of Grievances.
  • We represented insurers of a Saudi Arabian bank in proceedings resulting from employee infidelity.
  • We represented the insurers of a security company in proceedings arising from employee infidelity claims by banks.
  • We successfully defended an offshore insurance company before the Committee for the Resolution of Insurance Related Disputes and Violations in an employee infidelity claim by a Saudi Arabian bank.
  • We are representing an insurance company in connection with liability claims resulting from a fire.


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Construction and Government Claims


  • We represented the liability insurers of an international construction company in connection with proceedings against Saudi Aramco.
  • We represented an international contractor in a claim against the Saudi Arabian Seaports Authority.
  • We represented an international engineering company in proceedings before the Board of Grievances arising from a government supply contract.
  • We represented an international construction company in connection with an accident at a gas project.
  • We represented an international construction company in proceedings against a Saudi Arabian state-owned company.
  • We advised an international contracting company in connection with the successful settlement of a construction dispute involving disputed amounts in excess of US$200 million.
  • We represent the developer of an economic city in a US$140 million action brought by an EPC contractor before the Shari'a courts of Saudi Arabia.
  • We represented an EPC contractor in a claim by Saudi Aramco.
  • We represented an EPC contractor in connection with proceedings arising out of a contract with Saudi Aramco.


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Intellectual Property


  • We represented a Saudi Arabian car distributor in a dispute over a software licensing agreement.
  • We represented an international soft drinks company in an intellectual property dispute.
  • We represented an international chemicals company in a technology licensing dispute with a Saudi Arabian chemicals company.
  • We represented a regional group of companies in proceedings against former employees and their new employer in respect of their improper use of our client's confidential information.
  • We represented a Saudi Arabian listed company in proceedings against a former consultant for theft of proprietary data.


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Environmental


  • We represented a transport company and its liability insurers in connection with an oil spill claim arising from the accidental grounding of a ship off Jeddah.
  • We represented a transport company in connection with an environmental damage claim by Saudi Aramco.
  • We represented an international transport company in a marine environmental damage claim by the Presidency of Meteorology and Environmental Protection.
  • We represented a transport company in the first proceedings against the Presidency of Meteorology and Environmental Protection under the General Environmental Regulation of 2003.
  • We represented a transport company in connection with an oil pollution claim by the Presidency of Meteorology and Environmental Protection.
  • We represented a transport company in environmental damages proceedings before the Board of Grievances.
  • We represented the owners and insurers of a tanker in respect of environmental claims arising out of an explosion on board the vessel as a result of which she became a constructive total loss.


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Shipping


  • We represented insurers in three consolidated port installation damage actions before the Board of Grievances brought by Jeddah Port Management.
  • We represented insurers of a transport company in proceedings before the Board of Grievances arising from the accidental destruction of a ship.
  • We represented a Saudi Arabian insurance company in connection with a claim for contamination of a cargo of vegetable oil.
  • We represented insurers of a transport company in connection with claims resulting from the grounding of a ship off an oil refinery in Rabigh.
  • We represented a number of transport companies in more than concurrent 20 test cases before the Board of Grievances in respect of bulk cargo shortages.
  • We represented salvors in a claim involving the successful salvage of a tanker and its cargo of crude oil with a combined value in excess of US$120 million.
  • We represented the owners and insurers of a ship which was involved in a collision with another ship in defending court proceedings which were brought against them by the owners of the other ship involved in the collision, and in court proceedings brought on behalf of our clients against the Ports Authority in respect of the unlawful detention of our client's ship.


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Expert Evidence


  • We provided expert evidence on Saudi Arabian law in an LMAA arbitration between the owners and charterers of a cargo ship.
  • We provided expert evidence on Saudi Arabian law in English High Court proceedings brought by an Italian company against a Saudi Arabian company.
  • We provided expert evidence on Saudi Arabian law in the English Mercantile Court case Ali Reza-Delta Transport v. United Arab Shipping Co [2003] EWCA Civ 684.
  • We provided expert evidence on Saudi Arabian law in English High Court proceedings between a Saudi Arabian bank and a Saudi Arabian borrower.
  • We provided expert evidence on Saudi Arabian law in the Singapore High Court case Bassatne v. El Gohary [2004] SGHC 63.
  • We provided expert evidence on Saudi Arabian law in the English High Court case Euler Hermes v. Apple Computers [2006] EWCA Civ 375.
  • We provided expert evidence on Saudi Arabian law in proceedings before the Jersey courts between members of a Saudi Arabian family and an international financial institution.
  • We provided expert evidence on Saudi Arabian law in English High Court proceedings in connection with a dispute over the management of a Saudi Arabian group of companies.
  • We provided expert evidence on Saudi Arabian law in the English High Court case Shetty v. Al Rushaid [2013] EWHC 1152.
  • We provided expert evidence on Saudi Arabian law in an ICC arbitration in London between an international bank and a Saudi Arabian borrower.
  • We provided expert evidence on Saudi Arabian law in Irish High Court proceedings over the termination of a licence agreement.
  • We provided expert evidence on Saudi Arabian law in an LMAA arbitration between disponent owners and charterers of a tanker.
  • We provided expert evidence on Saudi Arabian law in the English High Court case Akers v. SAMBA Financial Group [2014] EWHC 540 (Ch), [2014] EWCA Civ 1516, [2017] UKSC 6, https://en.wikipedia.org/wiki/Akers_v_Samba_Financial_Group.
  • We provided expert evidence on Saudi Arabian law in an LCIA arbitration in connection with an EPC contract between an international construction company and its Saudi Arabian subcontractor.
  • We provided expert evidence on Saudi Arabian law in English High Court proceedings between a US company and its Saudi Arabian agent.
  • We provided expert evidence on Saudi Arabian law in a DIFC-LCIA arbitration in connection with a dispute between a construction consortium and its international subcontractor.
  • We provided expert evidence on Saudi Arabian law in an ICC arbitration in Geneva between a manufacturer and its former Saudi Arabian distributor.
  • We provided expert evidence on Saudi Arabian law in the English High Court case Byers v. SAMBA Financial Group [2021] EWHC 60 (Ch); Byers v. Saudi National Bank [2022] EWCA Civ 43, https://en.wikipedia.org/wiki/Byers_v_Saudi_National_Bank.


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General


  • We represented a member of a Saudi Arabian merchant family in an inheritance dispute before the Shari'a Courts.
  • We represented a tire manufacturer in a product liability case.
  • We represented a member of a Saudi Arabian merchant family in connection with the Saudi Arabian aspects of libel proceedings against an international publication.
  • We represented an aircraft management company in proceedings over the outfitting of aeroplanes.
  • We advised a multinational corporation in connection with an investigation and prosecution by the Competition Protection Council into alleged anti-competitive practices.
  • We successfully defended a foreign investor in a Saudi Arabian company in proceedings before the Investment Disputes Committee of the Saudi Arabian General Investment Authority in respect of alleged breaches by our client of its investment licence.
  • We conducted proceedings for the enforcement of an arbitration award which was issued in the USA.
  • We conducted proceedings for the enforcement of a judgment which was issued in the UK.
  • We successfully enforced an arbitration award in excess of US$10 million which was issued in Japan.
  • We are conducting proceedings for the enforcement of an arbitration award which was issued in the UK.
  • We represented a non-Saudi shareholder in a Saudi Arabian listed company in a tax appeal arising over capital gains tax.


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