Areas of Practice
Islamic Law & Saudi Law - Our legal services are conveniently organised into specific practice groups
LITIGATION
We conduct litigation including Islamic Criminal Litigation with the highest standard of advocacy skills backed by a team of legal consultants. We are competent in pleadings, defending and appearing before all types of courts (lower to highest) and various judicial bodies in Saudi Arabia which include:
Supreme Judicial Council, Appeal Courts , First Instance Courts of General Court- Criminal Court – Family Court – Labour Court – Administrative Court – Commercial Court and Enforcement Courts – Boards of Grievances, and Insurance Disputes and Violations Settlement Committee.
The legal team at Diwan Alkhibrah Law Firm bear a keen sense of commercial awareness in litigation (best due diligence practice), good command over legal system , technical know-how of NAJIS SYSTEM (E-services of all types of litigation), and the ability to present facts, law, rules, regulations and strategies in a reasoned and persuasive manner which our clients can depend.
e-Litigation
To complete the digital transformation system, in line with the provisions of the Electronic Transactions Law, and in accordance with the provisions of other laws, our e-litigation service department maintains judicial guarantees in the framework of a governance system that ensures fulfillment of those guarantees in line with nature of this field. We have successfully e-litigated many cases in various courts since the pandemic covid 19.
CORPORATE & COMMERCIAL
No one denies the importance of commercial contracts in any field of work, and that poor drafting of contracts make significant impact on a business , or at least to run negatively, or the wording may be contrary to the purpose of the contract.
Our corporate and commercial practice cover all aspects of corporate and commercial contacts of business enterprise across a wide range of industries, local and cross borders. Our corporate and commercial lawyers specialize in M & A and joint ventures (JV), and advise clients on the formation and structuring/restricting of corporate entities, reorganizations, shareholder rights and management structures.
Our service includes review and drafting of all aspects of commercial contracts in order to set-out the parties’ obligations succinctly. We are often asked to advise on all areas of corporate governance issues including resolving directors and/or shareholders disputes and capital markets.
FOREIGN INVESTMENT
Our corporate and commercial practice cover all aspects of corporate and commercial activities of business enterprise across a wide range of industries, local and cross borders. Our corporate and commercial lawyers specialize in Mergers and Acquisitions (M & A) , Take-Overs, and Joint Ventures (JV), and advise clients on the formation and structuring of corporate entities, reorganizations, shareholder rights and management structures. We successfully execute and complete legal due diligence and other corporate exercises in various industries.
Our service includes review and drafting of all aspects of commercial transaction in order to set-out the parties’ obligations succinctly. We are often asked to advise on all areas of corporate governance issues including resolving directors and/or shareholders disputes and capital markets.
FAMILY LAW & LAW OF INHERITANCE
Saudi Family law deals with the rights and responsibilities of people in families. These people need guidance towards taking the best decisions in conformity with laws and its governing provisions. As family law can be a highly sensitive and emotional issue. We provide legal representation and advise to clients in areas such as divorce (Talaq, Faskh and Khulu), maintenance for spouse and children, custody disputes and settlement agreements. Diwan Alkhibrah Law Firm has the most experienced counsels and as laws relating to marriage, divorce, and custody often fall within the general jurisdiction of Shariah. It is vital to have experts in these practice area, as these issues do cross international borders. Concerns with a domestic dispute between a Saudi national and a non-Saudi, require the greatest amount of knowledge of both international family law and Shariah principles. We draft alimony documents for our clients.
Inheritance : Our consultants and lawyers advise our clients issues pertaining to Inheritance.
INTELLECTUAL PROPERTY LAW (IP)
- Advice on Intellectual Property (IP) protection and rights
- Trade mark and designs registration
- Commercialization of intellectual property assets
- Copyright advice and litigation
- Development of intellectual property management policies and frameworks
- Drafting and negotiating
- Patent
- Industrial design
EMPLOYMENT/LABOUR & IMMIGRATION
As of 14th March 2021, Saudi Arabian Human Resources and Social development Ministry introduced significant labor reforms by the resolution number 51848/1442. The new amendments to the labour laws would allow expats to transfer jobs following the expiry of an existing work contract without the employer’s consent and allow employees to leave the kingdom after the end of the work contract without having to receive consent from their employer.
We have a team of lawyers with in-depth knowledge and understanding to offer comprehensive legal advice to clients on a wide range of this new kafala system, the General Organization for Social Insurance (GOSI) Nitaqat program, Industrial injuries, salaries and benefits of employees, Unfair dismissal, Exit and re-entry visa vide Abshir, and of course Covid 19 pandemic consequences.
We provide services such as drafting and review of employment contracts and employment handbooks for business entities.
Despite the SAUDIZATION policy, Saudi Arabia is still dependent on the foreign labor market. The dependence on foreign labor has persisted to the present day. The GOSI reports that roughly 80% of the private-sector labor force are non-Saudi males, representing more than 110 different nationalities.
Thus, these workforces and their employers need legal advice to solve the complexities associated with recruitment, employment, and rights of foreign workers. The clear wording of foreign employment contracts is the guarantee to protect your interests and those of your workers at the same time. Diwan Alkhibrah Law Firm is happy to have the opportunity to serve you and help you in these matters.
REAL ESTATE
The Saudi real estate market is one of the most important private sectors and is still booming. There is an array of real estate companies, making it more important than ever to make the right choice as a small or a big investor. As a client, you need to obtain the most minimal risks while gaining the biggest profits. Diwan Alkhibrah Law Firm provides all our clients with the best service while handling all the necessities in accomplishing real estate transactions in your favor, including titles transfer and property sales.
We provide a full range of corporate real estate services. We represent domestic and international investors, private and public real estate companies, government linked companies, real estate funds, developers and financial institutions in a full range of real estate and real estate related transactions from initial acquisition and through to the final divestment. Some of our real estate law services include:
- Verifying legality of titles and deeds
- Merging real estate contracts
- Overseeing sales while aiding in title transactions and drafting real estate contracts
- Real estate developer contracts
- Real estate litigation
ISLAMIC BANKING & FINANCE
Banking is one of the major practices of our firm. Our lawyers and in-house legal consultants have extensive experience and expertise in domestic, GCC and international financing transactions covering both conventional and Islamic banking and financing.
Islamic banking and financing compliance products:
We also advise on Islamic banking and financing compliance products. Our lawyers in particular Mr. Faisal are well-versed in Islamic banking and finance and this enhances our Law Firm’s breadth and depth of advice. We act for banking and financial institutions and customers as well as for clients from the public and private sectors, on Shariah compliant finance products, services and contracts that differ from conventional banking. Some of these include:
- Sukuk - Islamic bonds
- Musharakah - Joint venture
- Takaful - Islamic insurance
- Wadiah - Safekeeping
- Mudharabah - Profit sharing
- Hawala - An international fund transfer system
- Murabahah - Cost plus finance
- Ijar - Leasing
MEDIA LAW
PERSONAL DATA PROTECTION LAW & CYBERCRIMES
This is our new practice area and we are the market leaders. Our legal consultancy team is headed by Mr. Faisal al Otaibi, who has many years’ worth of experience in reviewing and amending National Water Company’s (NWC) legal contracts. Our law Firm is also in collaboration with international Personal Data Protection legal expert Prof. Dr. Abu Bakar Bin Munir from Malaysia.
He is an internationally renowned expert with 30 years of experience in the area of privacy and data protection who have been involved in developing data protection laws of countries in Asia and Middle East. He has been consulted by companies around the globe in compliance programs.
Saudi Arabia enacted Personal Data Protection Law 2021 (PDPL 2021) by Royal Decree M/19 of 17 September 2021. It was developed by Saudi Data and Artificial Intelligence Authority (SDAIA). The SDAIA is the competent authority responsible for the implementation of the PDPL. This new law will come into force w.e.f. 23rd March 2022.
We provide following services:
- Consultancy
- Advisory
- Training
- Auditing
This PDPL represents Saudi Arabia’s first comprehensive data protection law. Virtually all aspects of our daily transactions may be impacted upon the promulgation of this law.
It covers key areas:
- Purpose limitation (Specified & clear purpose)
- Data minimizations (Limited to what is necessary)
- Controller registration & obligations (Companies and organization)
- Data subject rights (Individual and employees)
- Consent/ non- consent processing
- Privacy policy & marketing
- Penalties
In order to safeguard and protect your organization from breaching PDPL, we can assist you in revamping your legal protocols. There will be serious consequences not complying with this new law.
Cybercrimes: The credibility of the internet has become susceptible due to cybercrimes. Users from all the sections including children are victimized due to cybercrimes. Social media users may find themselves committing so-called cybercrimes without knowing that they are committing a crime that they could be jailed or fined for their actions. Saudi Arabia has promulgated, the Saudi Anti-Cyber Crime Law aimed at protecting the network service providers from cybercrimes, to shield the users of the internet from falling prey to cybercrimes, to safeguard the people’s privacy, and the legitimate rights of users of the computers and the internet. The anonymity of the offender and vulnerability of the victims is challenging in these crimes, our lawyers can act on behalf of affected clients on these crimes.