Litigation & Arbitration

Court Proceedings

Al-Hossam Legal has a top tier commercial litigation practice, lauded for its depth of talent and track record. We typically do not handle small claims other than for clients with annual engagementswith the firm. Our Kuwaiti lawyers have rights of audience before all types of Kuwaiti courts and are supported by a technical litigation team with more than four decades of litigation experience.

The firm successfully received new court precedents changing the traditional interpretation of law in a number of cutting-edge and complex banking, corporate, commercial, capital market, and construction litigations.

We discourage litigation and do our best to persuade our clients to compromise whenever we can. Although the firm is selective of its clients and litigation matters, we handle litigations with passion, a proactive approach, and a personal touch. Before commencing any litigation proceedings we provide clients with an honest, transparent, and comprehensive legal assessment and strategy plan to manage their expectations of the counter-parties’ defences and claims, the end result, cost, and timeline.

Our clients include banks, investment managers, public companies, corporations, and high-profile family run companies.

The firm focuses particularly on the following court proceedings services:

• Shareholders, corporate related issues and joint venture disputes, including minority rights.
• Franchise, agency and distributorship disputes.
• Capital market disputes and challenges, investigations, grievance and disciplinary procedures.
• Construction disputes.
• Taxation disputes, including regulatory objections and appeals to tax appeal committees.
• Performance bonds, guarantees, and indemnities.
• Banking debt recovery claims.
• Collateral enforcement and foreclosure.
• Enforcement of domestic and foreign arbitral awards.
• Sale of commodities and international trade.
• Discovery evidence, anti-suit injunctions, and attachment orders.
• Governmental contract disputes.
• Shipping and aviation claims.
• Insurance disputes.
• Family trust and inheritance disputes.
• Second opinions for clients on existing litigations handled by other reputable law firms in Kuwait.

Arbitration - Local, Regional, and International

Al-Hossam Legal provides expertise in commercial arbitration disputes and proceedings in Kuwait, GCC and Europe, including under the rules of the world’s leading arbitral institutions (ICC, LCIA, DFIC, ICSID), in ad hoc (UNCITRAL) and judicial arbitrations.

The firm focuses particularly on the following arbitration services:

• Shareholders, corporate related issues, and joint-venture disputes.
• Franchise, agency, and distributorship disputes.
• Construction disputes.
• Performance bonds, guarantees and indemnities.
• Banking debt recovery claims.
• Collateral enforcement and foreclosure.
• Enforcement of domestic and foreign arbitral awards.
• Sale of commodities and international trade.
• Discovery evidences, anti-suit injunctions, and attachment orders.
• Governmental contracts disputes.
• Shipping and aviation claims.
• Insurance disputes.
• Family trust and inheritance disputes.
• Expert witness evidence for legal issues under Kuwaiti law.
• Private international law issues and conflicts of law.
• Bilateral investment treaty claims.
• Jurisdictional advice (choice of arbitration venues, arbitration clauses, and agreements).