Legal Services
We provide diversified range of services covering the following areas of
legal specialisation:
Arbitration and
Alternative Dispute Resolution
In general, the judicial system in Yemen is widely considered to be
bureaucratic and under-qualified. For this reason, we encourage clients to
identify
areas of conflict and disputes during contract negotiation as a preventive
measure.
Upon occurrence of disputes, we provide structured mediation to assist parties
to avoid lengthy and expensive litigation proceedings, and encourage them
to preserve and resume their commercial relationships.
As a mechanism for dispute resolution, contracting parties nowadays tend to
prefer arbitration as an alternative dispute resolution mode due to its speed
and privacy. More specifically in Yemen, due to the controversial judicial
system, we encourage and promote the use of specialised experts from various
fields to be appointed as arbitrators due to their better appreciation of the
technical aspects of disputes.
We provide our clients with advice concerning the clarity of arbitration
agreements, the quality and legal competence of the arbitrators appointed, the
observance of all relevant procedural and mandatory laws, and issues of public
policy concerning the enforceability of awards. Furthermore, members of the firm
have acted as expert witnesses in a number of multi-dollar international
arbitrations.
Banking and Finance
In keeping up with the steady growth and development of the banking industry
in the Middle East, the firm is continuously expanding its banking
law practice. Today, the firm’s lawyers have expertise in specific areas of
banking law including International and Islamic Banking.
With respect to commercial banking, the Firm provides professional advice and
assistance to its clients in all their day-to-day legal needs as well as
sophisticated lending structures and other financial transactions. Typical
transactions include loan agreements, collateral contracts and debt management.
The Firm also provides professional advice regarding drafting and reviewing
banking documentation and the legal standing of banking claims and related
litigation.
The firm has also represented a number of banks and financial institutions in
respect of setting up branches, acquiring local banks, structuring Islamic
financial transactions and registering relevant securities.
Civil and Commercial
Litigation
Luqman Legal is one of the few law firms in the region licensed to offer
legal consultancy as well as litigation under the same roof, across all
degrees of the courts.
The work of the firm's advocates begins at the early stage of an emerging
dispute. If litigation is imminent, the firm provides its clients with advice
on the particularities of litigation, the likely outcome of a law suit, and
advice on the chances of amicable settlement or any other possible resolution.
Construction and Real Estate
The firm has profound experience in all legal aspects relating to
construction and real estate development. The firm provides the full range of
legal services required to structure and negotiate agreements with developers,
architects, project managers, contractors, tenants and other parties, in
addition to providing assistance in obtaining construction permits in the
different jurisdictions in which it operates. The firm is particularly under
growing demand in Yemen due to its ongoing infrastructure development, and
represents some of the top regional real estates companies.
Corporate and Commercial
In respect of Corporate and Commercial, the firm represents a number of local
and international clients operating in the Middle East and provides professional
advice and assistance in the following fields:
- Business incorporations, setting up and licensing;
- Foreign investment and free zone laws;
- Corporate structuring and consolidation, shareholders, partnerships and
other forms of joint venture agreements;
- Agency, distributorship, franchising and licensing;
- Production sharing agreements (Oil & Gas); and,
- General commercial agreements, management agreements, trust arrangements
and sales/support contracts.
Investment Laws and
Related Projects
The firm assists its clients in the formation of corporations and
partnerships between local and foreign partners as well as branches or
representative offices.
It advises on the regulatory and registration requirements of Free zones and
investment zones, and handles all legal aspects of setting up the appropriate
corporate structures. The Firm covers the various Free Zones in the United Arab
Emirates in addition to the Yemen Investment Zone and Aden Free Zone.
Professional assistance is provided to formulating the most advantageous
structure for the client's domestic and international ventures, taking into
consideration labour regulations, taxation issues and important economic
factors.
Industrial and
Intellectual Property
In March 1999, Yemen became a member of the World Intellectual Property
Organization (WIPO) and is now revising its laws with WIPO guidance. In July
2000, Yemen's application to join the World Trade Organization (WTO) was
approved as an observer.
In this context, the firm offers a diversified range of IP services ranging from
the enforcement of industrial and intellectual property rights such as patents,
copyrights, trademarks, trade names and know-how, to the negotiation of complex
industrial and intellectual property transactions. Such transactions may involve
franchises, technology transfers & licensing, distribution arrangements, and
joint ventures.
The firm also represents clients in conducting trademark searches and
coordinating trademark, copyright, design and patent registration programmes, in
addition to copyright enforcement and related matters.
Maritime
Aden in the south of Yemen dominates Bab Al-Mandab which is an important
strategic seaport that joins The Arabian Sea, Red Sea and Gulf of Aden with long
history of sea trade. In addition, it has other important seaports such as
Al-Mukalla on the Gulf of Aden, and, Hodaidah, Makha and Salif on the Red Sea.
This strategic geographic location puts Luqman Legal under growing demand to
provide professional advice in commercial contracts relating to maritime matters
including shipbuilding and repair contracts, registration of vessels and the
finance, sale and purchase of vessels. The Managing Partner of the firm in Yemen
has particular experience in this field due to his work at the Ship Finance
Department of Richards Butler International Law Firm in London.
In addition, the firm advises on cargo claims, international sale of goods,
agency and brokerage, as well as specialised issues of insurance and oil
pollution. The firm is also active in representing international P & I Clubs.
Oil & Gas
The firm is one of the few Middle East law firms with an active oil & gas
practice. Many of the Firms members have extensive oil & gas experience, and
represent some of the largest oil & gas companies in all their legal affairs.
These include negotiating PSA’s with governments, advising on regulatory
matters, taxation and social security, employment disputes, litigation and
mergers and acquisitions.
Taxation
In recent years, the United Arab Emirates and the Republic of Yemen have
signed a number of double taxation treaties with foreign countries. The firm
offers tax-consulting services concerning these double taxation treaties with
foreign high-tax countries. The goal of the Firm is to assist in Long-term tax
planning to optimise corporate cross-border investments.
The tax system in Yemen is complex compared to other Middle East jurisdictions.
It is governed by two principal laws:
The Income Tax Law No 31 of 1991 (as amended); and;
The General Sales Tax Law No 19 for 2001 (GST).
The current Income Tax Law includes corporate profits, personal income tax
(salaries & wages), real estate tax, and tax on net income for non commercial
and non industrial professions.
The Firm provides tax consultancy services in respect of all the above tax laws,
in addition to advising on social security and pensions.
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