Banking and Finance

Our Banking and Finance practice advises lenders and borrowers on all legal matters associated with the structuring and executing of banking and financial transactions.

We offer opinions on the capacity, authority and enforceability of loans and guarantees, as well as transaction-related documents such as loan agreements, guarantees, and assignments. Our attorneys are well experienced in Sharia-compliant financial transactions, including Sukuk, asset-based financing, Tawarruq, Murrubaha, and Ijara.

We also advise on complex transactions involving the International Swaps and Derivatives Association (ISDA) and syndicated credit structures.

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Agency and Distributorship

Our corporate team provides clients with legal advice on how to best structure their business operations in compliance with local laws.

We advise and assist clients planning to commence their operations in Kuwait or restructuring already operating companies and businesses.

We have extensive experience advising on and assisting with all aspects of corporate structure and contractual arrangements. We have successfully contributed to the drafting of several commercial laws, including the new Commercial Companies Law and its executive regulations, the Intellectual Property Law, the Electronic Transactions Law, the Commercial Agencies Law, and the Islamic Sukuk Law. We have also aided in amendments to the Penal Code, the Penal Procedures, and the North Field Investment Law.

Competition and Antitrust

We advise clients on all aspects of competition law as they relate to their future commercial transactions. We also advise international corporations on their disclosure and notification requirements to guarantee full compliance.

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Construction and Contracting

We advise both local and international companies on public and private sector contracts, including on appeal decisions by the State of Kuwait Central Tenders Committee (CTC). In addition, we provide legal assessments and studies for ongoing mega projects, such as the Kuwait Island Project and the Silk City Project.

ILG has served as local counsel for international law firms, advising international lenders, technical consultants, and project managers bidding on public-private partnership (PPP) infrastructure projects for the government of Kuwait.

In the sphere of privatisation and Build-Operate-Transfer (BOT) projects, our firm advised the winning consortium on the AzZour North Independent Water & Power Project (IWPP), the first project of its kind in the country, and is currently involved in the Al Zour P 2/3 IWPP.

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Data Protection and Privacy

Since the introduction of the General Data Protection Regulation (GDPR), data protection and privacy issues have garnered global attention. Kuwait lacks a dedicated data protection law, however, E-Commerce Law and CITRA regulations have set the foundation for data protection and privacy rights.

Our firm is well placed to understand the compliance requirements of a multinational corporation vis-à-vis Kuwait’s data protection regime. We have advised a range of local and international businesses on the nature and scope of data protection rights and obligations, as well as contributed to pertinent international web publications.

We also provide legal counsel on intellectual property law, including copyright, design rights, trademarks, and patents, including drafting licences for a wide range of clients.

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Employment AND LaboUr

Our team has extensive knowledge of Kuwait’s employment laws, regulations, and related visa rules for foreign and domestic companies seeking to recruit international talent.

We advise clients on employment and labour laws, government procedures, navigating the government legal environment, and risk assessment. We also assist with the design and management of labour-related policies and procedures, and offer litigation support and related advisory services in cases of labour disputes.

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Energy

We advise local and international downstream, midstream, and upstream companies operating in Kuwait.

Our team provides legal counsel to the region’s largest and most cutting-edge and complex oil, gas, and petrochemical transactions. We have consulted on a variety of issues, including acquisitions and sales, joint ventures and JOAs, financings, and national and international oil corporations.

In addition to providing legal advice to Kuwaiti oil companies establishing international branches, we assisted in the upstream merger and corporate restructuring of four Kuwaiti oil companies, as well as the development of the Northern Oil Fields Development law.

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Environment

Our team is well familiar with Kuwait’s Environment Protection Law and routinely advises clients on how to efficiently comply with rules, avoid legal consequences, defend against civil litigation, and minimise reputational concerns.

We have advised clients in every sector, from energy to IT, to meet their local compliance obligations in Kuwait’s developing environment protection laws.

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Insurance

The insurance sector has seen steady growth in recent years, with several international companies operating in Kuwait under the umbrella of local insurance companies.

Previously, the insurance policies were restricted to vehicles and health care, both of which were mandated by law. New insurance categories have emerged recently, such as travel director’s liability and litigation, and insurance policies are now required for many tender bids.

We counsel clients on their insurance needs and assist them in the drafting of policy wordings. We have worked with insurance and reinsurance issues in almost every major business sector.

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Mergers and Acquisitions

We assist public and private businesses at every stage of the transaction, from drafting letters of intent and performing legal studies on potential mergers and acquisitions to conducting legal due diligence and completing the transaction.

We have advised a diverse client base to remain compliant with Capital Markets Authority law and regulations. We also provide a variety of corporate advisory services and structure joint ventures and strategic alliances.

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Real Estate

We provide commercially-focused advisory in relation to both commercial and residential real estate. We advise clients from real estate companies to institutional investors on investment acquisitions and dispositions, real estate warranties, mortgages, development projects, sales and leasebacks, and other real estate structures.

Our in-house litigation team also handles regular landlord-tenant disputes.

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Regulatory and Compliance

We regularly advise clients in Kuwait on how to interface with regulatory bodies and comply with their regulatory requirements. Our team assists clients in completing the appropriate procedures with CITRA, the Competition Authority, and the Consumer Protection Authority specifically, and the Ministry of Commerce and Industry generally, besides several other government regulators.

Our attorneys come from a wide range of distinguished academic backgrounds and have served on government panels that discuss and implement legal reforms. Their earned experience gives them an advantage in understanding the legislation and the regulator’s approach to implementing the law.

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Small and Medium Enterprises

We firmly believe that small and medium-sized firms (SME) represent the future of business and as such, our team invests considerable time and resources in supporting them.

As part of our corporate social responsibility program, we assist clients with structuring their operations and drafting the necessary documentation and related compliance duties.

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Sports

We are one of the few law firms in the Gulf region that offer services connected to international sports law, such as sponsorship agreements, sports arbitration before the Council on Arbitration for Sport, and legal advice for international sports organisations.

Our firm has advised several local organisations on their sporting commitments and player contracts, including football clubs.

We also serve as the legal counsel for the Asia Olympic Committee, whose headquarters are located in Kuwait, and have routinely advised them on their day-to-day operations.

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Taxation

Our tax practice provides tax advisory services to both Kuwait-based clients with international company activities and investments, as well as foreign clients seeking to conduct business, or invest in Kuwait.

We assist clients in developing tax management capabilities within their organisations to maximise the financial return from commercial and investment ventures.

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Technology, Media, and Telecommunications

We regularly advise public and private sector stakeholders. Since the establishment of CITRA, the Kuwaiti telecommunications industry has witnessed substantial growth. We have extensively advised foreign companies operating in booming fields such as satellite services, cloud computing, and the Internet of Things.

We expect this industry to expand significantly in the near future as a result of new rules and regulations. Working closely with CITRA, we provide counsel and assistance to clients contemplating introducing new services or facilities or seeking clarification. We ensure that our clients comply with all applicable regulations throughout their operations in Kuwait.

One of our accomplishments in this field was advising the Kuwait Authority for Partnership Projects (KAPP) on the $5.8 million telecommunications network construction project.

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