Areas of practice

The firm’s experience in the aviation sector covers every section of the industry. Issues related to the leasing and charter of aircraft, inter-airline agreements, contracts, and even customer service complaints have all been handled by aviation experts.

The Aviation law of Kuwait though still nascent is growing steadily. Law No 30 of 1960 or the Kuwait Civil Air Navigation Regulations enacted by the Amiri Decree regulates the aviation industry. The said law covers all the major aspects of supervision of aviation activities and the ICAO Standards are therefore binding on all the users. Moreover, Kuwait has ratified the Chicago Convention and the DGCA is an autonomous body constituted by the Amiri Decree to regulate all aviation activities. New regulations and procedures with regards to licensing activities, including the issuance and renewal of flight crew licenses, certification of aviation schools, and allotment of aviation medical examiners are promulgated by the DGCA.

The Maritime practice is equally broad, including the resolution of charter disputes, maritime insurance claims, ship sales, purchasing, and financing. The Maritime law No28 of 1980 was promulgated for the effective administration of Kuwait’s marine-related disputes. Moreover, the proliferation of the Kuwaiti laws paved the way for the enactment of maritime laws of Oman, Qatar, the U.A.E, and Bahrain. The shipowner/carrier sailing in the oceans of the G.C.C., therefore, face similar treatment and their rights and liabilities would be determined more or less on a similar basis, irrespective of the place of the jurisdiction they fall to be adjudicated.

At Abdul Razzaq and partners law firm, we do our best to represent our clients’ whether they are the victim or the accused, and present all the facts to the judicial system to ensure that justice takes its course. 

Our Expert lawyers have successfully defended our clients against criminal and misdemeanor allegations and were victorious in revealing the truth using facts and their knowledge of the law. 

The Kuwaiti Penal Code, promulgated by Act No. 16 (1960), and the Code of Criminal Procedure, promulgated by Act No. 17 (1960), provides the general legislative basis of crime and punishment. They contain guarantees of the fairness of any criminal proceeding brought against a person and ensure full codification of crimes committed against persons or property, regardless of the sex of the perpetrator or victim, thereby ensuring general deterrence and specific deterrence for everyone. The Kuwaiti Penal Code criminalizes all instances of violence and assault against women (including domestic violence, indecent assault, and rape). Age and relationship to the victim are considered aggravating circumstances when sentencing. This may be clarified as follows.

1. Prohibition of domestic violence: under articles 160, 161, 162, and 164 of the Penal Code, the State of Kuwait criminalizes acts of violence committed against persons. These stipulations apply to all persons, without distinction between male and female.

Article 166 of the Kuwaiti Constitution stipulates, “The right to litigation is guaranteed to all. The law shall determine the procedures and conditions necessary for the exercise of that right.” In the event of an assault, victims may thus have recourse to the judiciary by filing charges with the competent authorities. It can be said that a woman’s right in this respect is equal to that of a man;

Kuwaiti Penal Code No. 16/1960, the same as the Criminal Code General provisions (1-95)

Article 1

The act is not a crime and may not be punished except on the basis of a provision of law.

Article 2

The offenses in this act are two types: felonies and misdemeanors.

Applicability of the law in terms of location and ratione temporis 

Article 3

Crimes are offenses punishable by death, life imprisonment, imprisonment for more than three years, and a fine of up to 3,000 rupees or one of these penalties.

Article 4

Criminal proceedings in felonies fall ten years from the day of the felony.

The sentence, if it is one of the penalties mentioned in the preceding article, shall lapse 20 years from the time of the final decision, except the death penalty, which shall lapse 30 years.

Article 5

Misdemeanors are offenses punishable by imprisonment for a term not exceeding three years and a fine or by one of these penalties.

Article 6

The criminal case is dropped to misdemeanors five years after the day of the crime.

The sentence, if it is one of the penalties mentioned in the preceding article, shall lapse ten years from the time the sentence is finally established.

Article 7

The duration of the criminal proceedings shall not cease for any reason.

Article 8

The duration of the criminal proceedings is interrupted by the indictment, investigation, trial, or investigation of the accused or by formal notice. In no case may the duration be prolonged because of the interruption of more than half of them.

Article 9

If there are multiple defendants, the interruption of the period in which a criminal action is dropped for one of them will result in a disruption to the remainder, even if no conclusive proceedings have been taken against them for the duration.

Article 10

The duration of the penalty shall be suspended by any impediment to the commencement of execution, whether legal or material.

This period of imprisonment shall be interrupted by the arrest of the sentenced person and the penalty for any enforcement action taken in the face of the sentenced person or to his knowledge.

Article 11

The provisions of this law shall apply to any person who commits a crime in the territory of Kuwait and its dependencies.

It applies to any person who commits an act outside the territory of Kuwait that makes him an original or accomplice of an offense, all or part of which occurred in the territory of Kuwait.

Article 12

The provisions of this law shall also apply to any person of Kuwaiti nationality who commits outside Kuwait a punishable act in accordance with the provisions of this law and in accordance with the law applicable in the place where the act was committed if returned to Kuwait without the foreign courts have acquitted him.

Article 13

In all cases, criminal proceedings are not instituted against an offender abroad if the foreign courts are found to have sentenced him definitively, and his sentence has been fulfilled.

At Abdul Razzaq and partners law firm, we do our best to ensure that our clients, whether foreign or Kuwaiti receive all the information they need before starting their business here in Kuwait. We also handle the legal work required to establish a foreign company on Kuwaiti soil and address all the legal issues that might arise during the establishment or dissolution of the companies.

Our law firm has specialist lawyers in this field who know the Kuwaiti laws and regulations and have helped hundreds of local or foreign business owners establish their business here successfully and hassle-free. 

Law No. 13 of 2016 Regulating Commercial Agencies (the “Agency Law”) was published on 13 March 2016. It supersedes the previous law and sets forth the regulatory and legal framework to be utilized in the organization of commercial agencies. The Agency Law is intended to be read alongside Law No. 68 of 1980 (the “Commercial Law”).

The Commercial Law permits a foreign principal to carry out business activities in Kuwait by means of a distributorship contract with a local merchant under which the latter undertakes to distribute the principal’s products in Kuwait. While the Commercial Law distinguishes between agencies and distributorships and provides the basic framework for regulating commercial agencies together with compensation provisions consisting of the right to claim for early termination and/or non-renewal upon expiration. Article 286 of the Commercial Law states that if the appointed distributor is the sole distributor, then in accordance with Kuwait law, the exclusive distribution is deemed to be an agency contract.

The most salient articles in the Agency Law address antitrust provisions, the ability to appoint more than one agent or distributor (in accordance with Article 273 (1) of the Commercial Law), and resolving disputes pursuant to an arbitration clause.

Summarizing the key changes in the Agency Law are the following:

The definition of a Commercial Agency has been explicitly addressed in Article 1 of the Agency Law as ‘an agreement whereby the party holding the legal right entrusts a merchant/company in the State of Kuwait to sell, promote or distribute goods/render services in his capacity as an agent, distributor, franchisee or licensee of the product or the original supplier against a profit or commission.’

A principal can appoint more than one agent/distributor.

The import or supply of any goods or products is no longer confined to the respective agent or distributor, irrespective of exclusivity and rights to use the trademark, provided that the party importing or supplying them complies strictly with the terms and conditions of the Agency Law. We deduce that this provision permits parallel distributing even if the distributor is exclusive and includes the right to use the trademark.

The Agency Law restates the registration requirement. Article 6 requires the registration of agency agreements stating: that the existing Commercial Agencies Register in the Ministry shall continue to operate, in which all the accepted commercial agencies are to be registered in accordance with the provisions of the new law. Any commercial agency, not lodged on the Commercial Agency Register, shall not be considered valid and shall not be eligible to be heard by a court of law.”

The Ministry of Commerce and Investment no longer allows agency registrations at the Commercial Agency Register after the passing of two months from the date of signing the agreement, and accordingly, any claim that may be brought under the agreement shall not be eligible to be heard by a Kuwaiti Court.

Under Article 20 of the Agency Law, the courts are likely not to hear any disputes brought by an agent/exclusive distributor if there is a provision subjecting the exclusive distributorship agreement to foreign arbitration as well as foreign governing law, given that Kuwait is a signatory to the New York Convention regarding enforcing foreign arbitral awards. Alongside governing the agency/distributorship relationship from a procedural perspective, the Agency Law also contains much of the substantive content in this subject area.

Article 9 of the Agency Law stipulates that an agency may be re-registered in the Commercial Agencies Register under the name of a new agent on the occurrence of any one of the following events:

• a. the agency registered previously is terminated amicably between its parties
• b. the agency registered previously is revoked by an executable court judgment.
• c. the agency registered previously is terminated according to its duration specified in the agency contract.

The principal may not terminate the contract without a breach on the part of the agent; otherwise, the principal shall be obliged to compensate the agent for the damage sustained to the agent as a result of this termination. Every agreement to the contrary shall be invalid.

Should declaring bankruptcy become necessary, experienced legal advice and the resulting actions can be critical to the outcome of the process. The firm has a solid team of lawyers that have handled complex bankruptcy and reorganization proceedings. They are also experienced in protecting clients during intricate bankruptcy litigation.

New laws have been set and they dictate firm’s restructuring and also proactive laws also are regulated to prevent companies from reaching bankruptcy.

In cases of liquidation, experienced legal advice and the resulting actions can be critical to the outcome of the process. The firm has a solid team of lawyers that have handled complex liquidations efficiently and swiftly.

The Kuwaiti Corporate Law includes provisions related to all types of companies (the limited liability companies, the joint-stock companies, general partnership companies, private companies limited by shares, special limited partnership companies, the one-person company, the public and closed joint-stock company, the holding company, and professional corporations.)

A foreigner can be a partner in any of the above-mentioned companies with his percentage not exceeding (49%) of the company’s capital. The provisions of this law deal with the beginning of the incorporation, the conditions that must be met for the incorporation of each company, how to manage it, and the distribution of its profits and losses, until we reach its completion by liquidation or merger with another company and another company’s acquisition of all of its shares.

The firm over the years has become an expert in this field specializing in establishing companies, merging and liquidating companies, resolving disputes related to their management and dismissal of managers, in addition to everything related to the joint-stock company listed on the Stock Exchange, such as following up on its registration in the Stock Exchange and everything related to its business, dealing with the rules and regulations of the Capital Markets Authority, as well as corporate violations and trials at the investigation authorities, the Capital Markets Court, and others.

The Kuwaiti legislator has permitted foreign investors to enter into direct investments in Kuwait with capital guarantees, tax exemptions, the provision of numerous facilities, and full ownership of the project, after submitting a feasibility study for projects of interest and their importance for Kuwait.

Through Law No. 8/2001 National Assembly of Kuwait has implemented provisions for direct foreign investment. According to this new law, foreign investors would be able to accomplish commercial and economic projects inside Kuwait. The new legislation made it possible to have foreign holdings up to 100%. Law No. 8/2001 specifically authorizes foreign-majority ownership and 100 percent foreign ownership in certain industries including infrastructure projects (water, power, wastewater treatment or communications); investment and exchange companies; insurance companies; information technology and software development; hospitals and pharmaceuticals; air, land and sea freight; tourism, hotels, and entertainment; housing projects and urban development.

Though the foreign firms are permitted to invest in petrochemical joint ventures, they may not invest in the upstream petroleum sector. Per the legislation brought before Parliament in January 2004 a limited, restricted investment in the petroleum sector is allowed.

The law also ensures that the foreign investor will be given protection from confiscation or nationalization of any project authorized under the said Law. The Law allows total or partial assignment of the project and also gives the right to transfer abroad all profits and capital. In addition, the Law permits the Investment Committee to permit a tax holiday for a maximum of ten years and a total or partial exemption from customs duties payable on imports of certain commodities.

ARALF has constant communication with the Foreign Investment Office of the Ministry of Commerce to exchange information and advice. Due to our continuous communication, we can provide our clients with consultations and insights. As well as respond to foreign investors’ inquiries and provide support through our understanding of the laws and regulations, especially the trade laws.

ARALF’s team has superior experience in dispute resolution related to both the private sector and the civil service employment law. ARALF advises clients on the interplay of local labor law and renders assistance in drafting employee contracts. Furthermore, the firm assists foreign entities in understanding the Kuwaiti labor laws and represents clients in proceedings before The Ministry of Labor, and courts including The Experts Department. The firm has represented many logistical support companies in labor disputes in Kuwait and obtained favorable judgments.

At ARALF, We have a deep understanding of Financial Business, Commercial Finance, Real Estate, and Investment Contracts and that’s why over the years, clients come to us seeking our services in this field. During our experience, we have studied and reviewed a plethora of various loan and finance contracts for both the lender and borrower sides. We prepared the Islamic finance contract formulas such as securitization, leasing, and renting. We also prepared the credit card program and other banking and financial transactions in addition to mortgage contracts of all kinds.

It is not possible to go in-contract with the government directly except through small-value contracts carried out by each government agency that has limited authority. As for large-value contracts, such as contracts for construction, infrastructure, bridges, roads, and oil projects, they are done through a special committee called the Central Tenders Committee, where the project is presented and each company whether local or foreign registered in this committee according to the category in which it is registered in has the right to submit bids. The committee studies bids in terms of price and quality.

Our Firm has provided advice and assistance to many local and international companies when entering into these tenders. We have also studied a plethora of tender contracts and the problems associated with their implementation. We have represented numerous companies before the Tenders Committee and the related and affiliated committees, and we have also represented numerous companies in their judicial disputes against the state, and others in regards to the problems they encountered during implementation.

Abdul Razzaq & Partners Firm offers a full range of insurance-related legal services including everything from advising clients on coverage issues to representing clients in relevant litigation.

We have strong experience in handling cases of securing construction contractors’ accidents and the subsequent accidents of workers falling on worksites, as well as bridges and road closure accidents.

An area of practice that has become critically important, the firm is proud to have a team led by a legal specialist, with extensive continuing education and experience in intellectual property and technology law. That is the reason the firm has been retained by a leading information technology training and development firm to protect its products in Kuwait and other GCC states.

The team has experience in litigation and prosecution in all areas of intellectual property and technology law, which includes patents, trademarks, copyrights, and industrial designs. Team lawyers draft and process registration applications for clients and assist clients in the enforcement of their rights through litigation, if necessary.  The firm has also been involved in negotiating and drafting licensing and franchising agreements and providing specialized advice on disputes arising from violations of existing agreements.

Copyright

Kuwait is a member of the World Trade Organization and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights. Kuwait is also a member of the World Intellectual Property Organization. In 1999 to comply with Kuwait’s obligations under World Trade Organization agreements comprehensive legislation to protect intellectual property was promulgated by the Amiri Decree under article 71 of the constitution. These laws were approved by the National Assembly on 23rd December 1999 as law number 64/1999 governing Intellectual Property rights.

Law No. 64 of 1999 governs copyrights and provides copyright protection and penalties for copyright infringement. Concerning non-Kuwaitis, the law applies to:

1) Works of foreign nationals that are published for the first time in Kuwait.
2) Works of Arab authors who are nationals of member countries of the Arab Agreement for the Protection of Author’s Rights and published in any of those countries.
3) Works of authors who are nationals of member states of the World.

Intellectual Property Organization that are published for the first time in one of those states (Article 43 of Law No. 64 of 1999).

Under Law No. 64 of 1999 protection is to be given to all literary works (written and oral), theatrical shows, musical works (with or without lyrics), choreographic works, motion pictures, audio, video and radio works, artistic works (painting, sculpture, carving, architecture, and decoration), photographs, applied art (craft or industrial designs), illustrations, maps, designs and models, computer works (software and databases), and translated works.

The scope of protection under this law covers but is not limited to written works, works delivered orally( such as lectures, speech, religious sermons, and the like) theatrical works and musical plays, musical works with or without songs, works performed utilizing movements or steps and mainly prepared for direction, the movie works, audio, video and radio works, photographic works, works of applied art, including Craft or industrial designs

Illustrations, geographic maps, designs, plans and models related to geography, topography, architecture, and science, computer Works including Software, Databases and the like, derived and translated works

Trademark Registration

The international classification of goods and services is followed in Kuwait but it has not yet adopted the 8th Edition of Classification of goods and services. Under the Islamic mores, the Trademark Law of Kuwait has no provision for the protection of trademarks covering alcoholic drinks and pork meat which had no distinctive features or marks consisting of the usual denomination, description or representation of the product concerned, expressions, designs or marks that are contrary to the public order or morality, representation or imitation of public emblems, flags or banners of the state, or public offices like U.N.O or Red-cross, mark identical to the religious emblem, geographical names if their use is prone to create confusion to the origin of the goods or services thereof are not protected.

Separate applications should be filed distinguishing each class of goods and services. Registration can be obtained only strictly according to the general wording on the basic registration and class headings will be based on the Basic Registration. Color marks and distribution of colors must be specified in the same manner as it is specified in the basic registration. The list of goods to register should be in accordance with the basic registration, no deviation is acceptable.

Any foreign documents attached to the application should be accompanied with English translation, must be translated to Arabic, and should be legalized by the Ministry of Foreign affairs as well as the Ministry of Justice in Kuwait.

 Requirements of Trademark Applications

Application form and a power of attorney legalized up to the Consulate of Kuwait are to be submitted. The application form is to be in Arabic and should be prepared by a local attorney, a Power of Attorney should be filed along with the application, the name and capacity of the signatory/ies be specified on the power of attorney, Official seal of the applicant’s company be affixed on the Power of Attorney. Power of attorney must be legalized by a Kuwaiti consul in the applicant’s country.

A certified copy of the home registration certificate of the trademark stipulates the validity term of the registration and the goods and/or services desired to be registered. (Documents other than in English or Arabic should be accompanied with a sworn English translation.)

Twelve prints of the trademark for each class (preferably not exceeding 5×5 centimeters each. Additional publication charges are to be paid for a large size print). The prints can be prepared locally upon request. The prints should be in exact conformity with the form of the mark shown on the basic certificate of registration.

Duration

10 years from the date of filing and always renewable for similar periods, Renewal must be applied for during the last year before expiry or within three months grace period with a fine.

Protection

Legal protection is available through registration. Registration confers proprietary rights and ownership of a mark cannot be contested after a lapse of five years from registration, provided the registrant has made continuous use of the mark.

Required Time

If the preliminary examination is acceptable to the trademark office, the first official acceptance may expect within 18 months from the filing date, at least 2 years is required for an application to register.

Publication

After examination, the office may request a disclaimer, if the conditions are acceptable to the applicant, the trademark is allowed for publication in Official Gazette for three consecutive publications. If no opposition is filed within 30 days from the third publication of the Official Gazette, the trademark is allowed to register in the supplemental register.

Opposition

Upon publication, a trademark application may be opposed by, the owner of a mark previously filed/registered or owner of a non-registered famous mark, or any interested party who can file an opposition based on absolute reasons. Such oppositions should be supported with copies of early registration and details of use.

The Registrar shall send, by registered mail, a copy of the notice of opposition to the applicant or his agent who shall, within 30 days from the receipt thereof, send to the Registrar a written counter statement (in duplicate) of the grounds on which he relies for his application, and, if he does not do so, he shall be deemed to have abandoned his application. Upon studying the merits of the opposition the newly applied mark might be rejected or suspended. If two or more persons apply at the same time for the registration of the same mark or nearly identical or similar marks in respect of the same class of product or services the Registrar shall suspend all applications until an assignment is approved by all parties in favor of one of them is produced or until a final judgment is rendered in favor of any of the disputing parties. Opposition must be filed within 30 days of the date of the third publication of the official gazette and no extension of days will be allowed in this case.

Renewal of trademark

The Trademark Law provides for a six-month grace period for late renewal of a trademark registration subject to payment of a lateness fine. A trademark, which lapses, can be re-registered in the name of a third party at any time.

Additional Information

Any foreign documents attached to the application should be accompanied with English translation, must be translated to Arabic, and should be legalized by the Ministry of Foreign affairs as well as the Ministry of Justice in Kuwait.

Patent

Law No. 4 of 1962 deals with the registration of patents and industrial models in Kuwait. The Patent Office in Kuwait was opened in 1995, in response to a resolution by the Gulf Cooperation Council (GCC) states for a unified patent registration system for the member countries. The regional office for the Gulf Cooperation Council comprises the States of United Arab Emirates, State of Bahrain, Kingdom of Saudi Arabia, Sultanate of Oman, State of Qatar, and the State of Kuwait, and certificates of Patents granted by the GCC Patent Office secure legal protection of the inventor’s rights in all Member States.

The Kuwaiti government is presently actively involved in preparing a draft law for the protection of patents to replace the existing law. To comply with the terms of Annex 1C of the WTO Treaty (the “TRIPPS Agreement”), the law was amended per law No 3 of 2001.

As per the recent amendments, responsibility for patents is with the Under Secretary for Trade and Industry and the term of patents has been extended to twenty years from filing, with renewal fees being due every four years. For patents registered in foreign countries, the validity period for such patents in Kuwait shall be the remaining unexplored period in the country of registration. Furthermore, new penalties for patent infringement have been adopted by the government including the possibility of imprisonment for up to two years. The new law also extends the period of protection of ‘designs’ for an initial period of ten years with the option of renewal for a further period of five years and promotes the protection of ‘utility models’ for a period of seven years from filing and also provides for the protection of integrated circuits as a type of design. No examination is conducted in Kuwait for a patent application.

Filing requirements:

• Power of Attorney legalized up to the Kuwaiti Consulate.

• Two copies of the specifications in English with Arabic translation.

• Two sets of formal drawings plus two sets without any Latin numerals or words.

• Certificate of Incorporation legalized up to the Kuwaiti Consulate.

• Assignment from the inventor(s) legalized up to the Kuwaiti Consulate.

• Priority document, if priority is claimed legalized up to the Kuwaiti Consulate.

Assignment Requirements

• Power of Attorney that has been signed by the assignee and legalized up to the Kuwaiti Consulate

• Deed of Assignment, signed by both parties and legalized up to the Kuwaiti Consulate

We represent numerous local newspapers, programming companies, and TV stations, and we represent a plethora of clients in cybercrime cases and libel suits.

Our Firm renders assistance in the financial configuration of domestic and international energy projects and the negotiation of the basic purchase agreements, Shareholders Agreements, Joint Venture Agreements, Agency contracts, construction contracts, operation and maintenance agreements, natural gas, and other fuel supply agreements. The firm provides such other legal services or advice concerning the development of petroleum-related assets and opportunities, as the client may, from time to time, require. The firm also provides assistance and guidance to foreign agencies, and other clients on numerous regulatory and compliance issues, including the relationships between the foreign agencies, and the government. In addition, the firm assists clients in transactions with other entities like natural gas suppliers, marketers, and manufacturers.

We are the legal agents of numerous companies operating in the oil and gas field, and we have prepared and reviewed their contracts with government oil companies, including contracts related to drilling and maintenance of wells, or oil exploration and maintenance of stations and oil construction.

The firm provided project support for many clients involved in large-scale infrastructure projects here in Kuwait. With our strong experience in all facets of the industry, Abdul Razzaq & Partners is able to make valuable contributions in all areas, including subcontracting, claims, compensation, and settlement.

In the real estate sector, Abdul Razzaq & Partners’ client list includes semi-government and private sector clients. The firm has successfully represented private real estate companies and individuals, including members of the royal family, in ownership disputes, obtaining a plethora of favorable decisions. The firm won a favorable judgment in a KD 48 million suit against a Kuwait municipality. The firm was also successful in restoring the ownership of a property worth KD 12 million to one of its clients.

We worked on: 

• Most of the land claims cases, and when rulings were issued to prove ownership of large areas of land.

• Expropriation cases for the public benefit.

• Industrial plot contracts.

• Many cases which are related to state property contracts.

• BOT projects and studied its contracts and problems with the state.

• Cases with numerous clients who own real estate, both individuals and companies.

An understanding of a country’s tax code is critical to operating successfully in any country. Abdul Razzaq & Partners has a team of lawyers who focus on the income tax liability of foreign companies operating in Kuwait. The firm provides its foreign clients with advice on a wide range of tax matters including tax liability issues and tax planning.

The Partner and Director, Mr. Abdul Razzaq Abdullah has written several articles related to various types of taxes and the office has responded to many inquiries from foreign companies, especially after all the Gulf Cooperation Council countries agreed to impose a value-added tax and sales tax.

Our Lawyers are experts with years of experience in divorce, custody, inheritance, and all the matters under The Family Law.

We at Abdul Razzaq and partners law firm do our best to ensure that our clients either reach a satisfying settlement, whether that’s without going to court or in court. We care about representing our clients’ best interests and presenting all the facts to the judicial system to ensure that justice takes its course.