PRACTICE

MAK is a full service law firm; it prides itself with specialisations in a number of legal areas:

 

COMMERCIAL LAW

 

MAK provides consultation on corporate and commercial law matters, including formation and association of Saudi, foreign and mixed companies in Saudi Arabia, joint ventures, Saudi Foreign Investment Law, initial public offering, acquisitions, mergers, methanol gas and power projects.

As part of our practice, we regularly advise companies on transitioning from limited liability to joint stock companies.

We have worked on many joint ventures agreements and advised many foreign international companies on structuring their company formation in KSA.

We have helped a number of international foreign companies in establishing foreign and mixed entities in Saudi Arabia. We are proud to be one of the few law firms in KSA known with its vigorous activity and professional work before the Saudi Arabian General Investment Authority ["SAGIA”] due to its vast experience and success in serving foreign investors in KSA.

We have established a major mixed limited liability company in the Energy sector and handling all its legal work in KSA.

MAK has provided compensative and detailed legal advice in relation to legal due diligence questionnaires concerning Saudi law “regulations” and the Saudi legal system (including the Saudi laws and regulations of private development and ownership of utilities/infrastructure projects, land/property acquisition, leasing laws, taxes, and setting up appropriate legal entities through joint venture agreements) to a foreign prospective investor in “Al-Shobily project”, which is referred to as a mega project by SAGIA. The project is set to attract an investment of (60) billion Saudi Riyals in KSA.

The partners have worked in the first ever IPO for the National Commercial Bank ["NCB"] in KSA and one of the first of five IPO’s to be offered in the KSA (together with Clifford Chance) for “SADAFCO”, which was issued under the new Saudi Capital Markets Law and the new Listing Rules.

We advise a major American company in a concision agreement to explore minerals, with a value in excess of (3) billion Saudi Riyals.

We are proud to be one of the few law firms in KSA that has signed a consultancy agreement with the Chamber of Commerce and Industry in Riyadh to provide legal consultations due to our vast experience and success in serving our clients and as part of serving our community in KSA.

MAK has been officially instructed to serve as legal consultants for the Ministry of Labor in KSA and has played a central role in many projects of the said Ministry.

We have advised major clients in their corporate legal works, including the following companies: Savola Group, Panda Co. Ltd., Arabian Aircraft Services Company “Arabasco” (one of the biggest aircraft ground handling companies in KSA) and an affiliate of Bin Laden Group, Saudi Diyar Consultants, Al-Sonbola Group (the biggest Saudi company for fine pastries) , “SADAFCO” Group (one of the top five joint stock companies in KSA in dairy products), National Air Services Company ("NAS"), Sleep High Company (The biggest company in KSA in mattresses, beds and pillows), Keppel AlNumu Development Ltd. (which is a joint venture between Keppel and SEDCO Group to develop one of the biggest towers at Jeddah Corniche), Snasco Co, Ltd. (an affiliate of Al-Sariayh Group), Al-Karaji Group (the biggest company in KSA together with Dar Al-Eman Co., Ltd and Al-Qaswaai Co., Ltd, in providing Umra & Haj services (pilgrims’ services) and Initial Saudi Arabia Co., ltd (The second biggest company in KSA in recruiting workers in cleaning & maintenance, landscaping and civil security services).

 

FRANCHISE AND INTELLECTUAL PROPERTY MATTERS

 

MAK is proud to be considered one of the leading law firms in KSA and the Middle East with respects to intellectual property matters, franchise, distributorship, agencies and license agreements.

MAK has worked on numerous franchise and distributorship agreements, including: Subway International, Levis, French Connection, Rebook, Second Cup, Barnies, Ebel Watches, Steak House, Mugg & Bean, Bonia, Tom Tailor, Outback Steakhouse International, Sleep High, Go Sport, Free For Humanity, Kika, Tartine & Chocolate, Vans Co. Ltd., Yves Rocher, www.izzue.com, Arabian Oud, KAS Australia Co. Ltd. and Tony Roma’s Restaurant.

We represent clients in the franchise business in KSA including Al-Sawani Group the biggest franchise company in KSA and the Middle East (together with Al-Hukar Group and Al-Shaya), Al-Fasaliah Group and Savola Group.

The managing partner of MAK Mr. Sharif Akkad is a regular speaker at the Saudi Chambers of Commerce & Industry in KSA and has delivered several international franchise seminars and expos.

Sharif Akkad has written a draft paper on the Saudi franchise law as per the instructions of the Chamber of Commerce and Industry in Riyadh, which is currently being reviewed by the Deputy Minister of Commerce and Industry. The paper is intended to codify the law of Franchising in KSA on approval.

Mr. Akkad due to his knowledge and experience in franchising and intellectual property matters has been asked to contribute, among other 13 lawyers worldwide, in a publication titled “In Good Company, Managing Intellectual Property Issues in Franchising” to the World Intellectual Property Organization’s (WIPO), which is the most important intellectual property organization worldwide and also monitoring the most important intellectual property conventions (Paris and Berne). This publication is considered as a source of knowledge regarding intellectual property in franchising matters by businessman and professionals worldwide. Mr. Akkad holds the esteem of being the only Attorney from the Middle East to be a part of this dynamic group.

 

ISLAMIC FINANCE AND BANKING

 

MAK has broad experience in Islamic finance including: asset finance, preparation of novel and Mudaraba, Murabah, Tawarak agreements, Islamic leasing finance, Islamic letter of credits, Islamic bonds Sukuk (in addition to other banking and finance regulatory).

MAK has advised Fortis Bank in relation to a detailed legal due diligence questionnaire concerning the Saudi Negotiable Instruments law and other banking issues in KSA.

We have advised the NAS on a credit and account charter agreement with a value of (472) million Saudi Riyals.

MAK has pioneered providing Islamic finance tool to projects in the Saudi market, including preparing a "promise to sell letter" to sell offices in the largest business tower in the Western province at Jeddah Corniche titled “The Head Quarter Business Park”, valued in excess of (1.5) billion Saudi Riyals, preparing an Islamic lease agreement "Ejar Mantahi baltamleek" to develop a real estate project and preparing an "Ejar Mawasoof falzamah" for a major shopping mall in Jeddah.

The Managing Partner of the firm formerly worked in the legal department of the NCB specialising in banking and Islamic finance, has vast experience in providing advice on all Islamic finance and banking issues to both local and international clients.

Mr. Akkad's experience in NCB includes working on one of the largest Islamic finance transactions by “Mudarabah” of the Second GSM Licenses in KSA for NCB with a value exceeding (11) billion Saudi Riyals and transferring of “Tawarak” into the local Saudi market for the NCB with an approximate value of (10) billion Saudi Riyals.  

 

REAL ESTATE TRANSACTIONS

 

MAK provides compensative advice and legal services on all real-estate matters, including the preparation of purchase agreements, marketing agreements, construction agreements, development agreements, construction supervision agreements, consultancy and technical service agreements, contracting agreements, contracts for providing electric power and cooling water, and other relative agreements as well as carrying out the required government procedures to develop and transfer the ownership of real estate.

We are proud to be one the few law firms in KSA and GCC States that works on numerous sophisticated FIDIC Contracts, including: FIDIC’s Conditions of Contract for Construction and FIDIC’s Conditions of Contract for Design and Build.

We are advising AMLAK Group, the second largest real Estate company in UAE, in establishing a joint venture in KSA to carry out a real estate project in KSA with an approximate value of (100) million Saudi Riyals.

We are currently working on the largest business tower in the Western province at Jeddah Corniche titled “The Head Quarter Business Park” , with a value in excess of (1.5) billion Saudi Riyals”.

We are advising Keppel AlNumu Development Ltd., which is a joint venture between Keppel and SEDCO Group to develop one of the biggest towers at Jeddah Corniche, with a value in excess of (2) billion Saudi Riyals.

We act for a number of major real estate companies in KSA, including The Emaar Group, RE/MAX, Bajri Group, Dorchester Real Estate Company, Midrar Development Management Company, Keppel AlNumu Development Ltd. Co. and Adeem Al-Watani for Construction and Development.

 

LITIGATION

 

MAK has a great track record of successful representations of both local and international clients in commercial, civil, labor and intellectual property (both in enforcing intellectual property rights and defending claims of intellectual property infringement) disputes before all courts and semi-judicial committees in Saudi Arabia.

We have recently succeeded in obtaining a judgment to enforce a foreign judgment issued by a Qatari court in the Kingdom of Saudi Arabia.

MAK has extensive experience in engineering and commercial arbitration and currently has a number of arbitration cases in KSA.

At present we are representing a Saudi company in relation to a lease dispute amounting to (190) million Saudi Riyals in Wakfa of King Abdullah Ibn Abdul Aziz Al-Saud in Madinah before the Grievances Board (Commercial Court) and Sharia Court.

Mr. Sharif Akkad is teaching Saudi Judicial Law of Evidence before the Saudi courts at Dar Al-Hekma College in Jeddah in KSA. 

 

**For further details of the practice and the experience of the partners, please refer to the members page.