Commercial
Litigation
&
Arbitration

OVERVIEW:

ASAR has significant litigation and arbitration experience. Our firm has vast experience conducting litigation matters in areas such as banking, construction, insurance, property, taxation and employment.

We also have experience with complex litigation, including military supply contract disputes and oil construction claims and advise clients on dispute resolution, including courts and arbitration.

Our litigation team not only conducts contentious litigation but can also be very instrumental in assisting clients to achieve alternative means of resolving their commercial disputes.

EXPERIENCE:

  • Representing a multinational company in a KD 500 million tax dispute in Kuwait in relation to a petrochemical complex. Various issues are considered in the subject litigation including corporate tax, capital gains tax and applicability of double tax treaties.
  • Currently representing a regional foodstuff company in a fire insurance claim for approximately KD 26 million.
  • Representing a foreign principal and its newly appointed agent in a USD 50 million compensation claim arising from the termination of the current distributor.
  • Representing a retail company in a multi-million dinar challenge on the applicability of the law of commerce provisions on tax disputes.
  • Representing a multinational franchise brand in Kuwait in a trademark infringement dispute in Kuwait.
  • Representing a client in a multi-million dinar dispute relating to a power plant awarded as a BOT project.
  • Represented a client in an ICC arbitration dispute for a claim of USD 20 million with its foreign partner with regard to the termination of a joint venture agreement.
  • Representing a client in a USD 50 million claim by a Kuwait individual investor against an international bank (our client) related to the cost of derivative transactions.
  • Presently representing Sukuk holders in a USD 25.5 million claim against the debtor which, inter-alia, involves the following collecting outstanding amount; sale of pledged shares enforcement of assignment of rights given by the debtor; suing the debtor’s board of directors for fraudulent acts; and filing summary actions requesting the appointment of a receiver.
  • Represented a European company specialized in supplying military equipment in a multi-million dinar tax dispute with Kuwait’s Ministry of Finance.
  • Representing a reputable US energy company in a KD 30 million dispute filed by a Kuwaiti company based on a joint venture agreement.