Litigation and Arbitration
Our lawyers have extensive litigation and arbitration
experience, handling cases in the Saudi Courts including the Saudi Arabian
Board of Grievances (Diwan Al-Mazalan) and the shari'ah courts. We handle all
phases of litigation, in both English and Arabic as necessary, including claim
preparation, document review and discovery, witness interviews and preparation,
claim submission and briefing, hearings, appeal and enforcement of judgments.
Our practice includes both the presentation of claims to Saudi tribunals and
directing cases in foreign jurisdictions.
The nature of our litigation work is quite diverse and not
readily described in general terms. A sampling of four matters we have handled
for our clients includes:
Repudiatory Breach of Charter Party
We acted for an international shipping company in defense of a
claim for repudiatory breach of charter which involved multi-party arbitration
proceedings in London under the charter party for one vessel, proceedings in
South Africa against another vessel as security for the arbitration claims and
a threatened action in Saudi Arabia before the Board of Grievances for damages
arising from the South African proceedings. Our office acted as lead counsel
for the entire case, preparing the overall legal strategy in the three
jurisdiction, overseeing and directing the London and South Africa proceedings
and advising the client in connection with its rights under Saudi Arabian
law.
Sharia'ah Inheritance Claim
We represented a local client in connection with her claims for
recovery of her rightful share in her late father's estate including his
business interests. The matter was argued before the shari'ah courts in
accordance with the shari'ah principles of inheritance. In conjunction with the
court proceedings we also represented the client in negotiating a valuation of
her share in her father's business concerns.
Construction Dispute
On behalf of our client, an internationally affiliated
engineering and architectural office, we commenced arbitration proceedings to
recover additional costs amounting to several million Riyals for design changes
requested by the owner and to recover equitable compensation for wrongful
termination. The proceedings were conducted in accordance with the Saudi
Arabian Arbitration Regulations and involved hearings in English and Arabic,
the production of substantial technical documentation and numerous submissions
concerning the legal basis for the claims.
Trademark Infringement Claim
We acted for our client as owner of a registered trademark in
bringing an infringement action before the Saudi Board of Grievances to prevent
the unauthorized use of the mark and recover damages for such infringement.
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