Fakhro Attorneys & Legal Consultants – Practice Areas

Banking & Finance:
Bahrain’s status as the financial capital of the Middle East has brought international financial institutions flocking to this island country. In 2002 the Central Bank of Bahrain integrated under its regulatory wing all of banking & finance, insurance and capital markets.

In this sector, we are able to provide both local and international clients with a wide range of legal services such as:

• Setting up financial institutions inclusive of advising on legal structure, drafting of constitutive documents, liaising with the regulatory authorities in order to obtain the necessary approvals and licenses, registration of the institution;
• Review of financial agreements, such as financing/loan agreements, to ensure compliance with local law;
• Provision of legal advice regarding marketing of collective investment schemes;
• Provision of interpretative advice on laws and regulations affecting the banking/financial sector such as disclosure standards, reserves, reporting requirements and regulations issued by the Central Bank of Bahrain via their circulars (collected now in Rule Books);
• Conduct legal due diligence;
• Litigation – such as cases involving loan payment default.

 

Corporate & Commercial:
History and geography have played an important role in contributing to Bahrain’s position as a major commercial center. Fought over by world seafaring powers due to its strategic position in the Arabian Gulf, this island is still considered today a major commercial hub. More than ever before, Bahrain and the other Gulf states are open to business, and have attracted a multitude of foreign investors to the region. In such a burgeoning business climate we recognize that we can play an important role in providing advice and guidance to both international and local entities. Among the services we provide are:

• Incorporation of all forms of companies: provision of advice regarding appropriate form of legal structure to suit client’s business, drafting of constitutive documents, assisting in obtaining necessary approvals/permits from regulatory authorities, registration of companies;
• Registration of branch and representative offices of foreign companies;
• Assisting foreign companies in drafting, review and negotiation of agency, franchise and distribution agreements, provision of legal advice in respect of agency laws;
• Providing guidance on laws related to company administration, drafting agendas and minutes for general assembly meetings;
• Dissolution, liquidation of companies;
• Provision of advice in relation to shareholder disputes, and laws regulating share sale/purchase;
• Drafting/review of commercial contracts such as sale/purchase agreements, distribution agreements, etc;
• Provision of advice in respect of commercial mortgages, commercial papers;
• Litigation: non-payment of debt, non-performance of services, etc.

 

Environmental:
With the recent promulgation of several laws regarding the environment it is important for companies involved in industry to keep a close eye on emerging legislation. We, at Fakhro Attorneys & Legal Consultants provide such services including:

• Provision of interpretative advice to both individuals and corporations on emerging environmental legislation;
• Advice to company management regarding establishing corporate environmental policies and implementing environmental management systems which necessarily includes assessment of regulatory compliance, raising awareness among employees and management alike of environmental laws and standards, integrating environmental responsibilities into the organizational structure;
• Filing civil claims on behalf of companies and individuals suffering from damages resulting from environmental offenses committed by offending institutions or individuals;
• Acting as defense counsel for companies, directors, and individuals charged with environmental law offenses.

 

Intellectual Property:
In a world where intellectual property is now considered by businesses and individuals to be one of their most important assets, it has become increasingly important to protect such property rights from infringers. Although the Middle East countries have lagged behind industrialized countries in this respect, the signing of international agreements such as TRIPS has galvanized this region to step up protection of such property rights. Our intellectual property practice spans the following areas:

• Patents
• Trademarks
• Copyright
• Trade Secrets

We assist clients in the procurement, protection and enforcement of intellectual property rights including:

• Assisting in registration of such rights;
• Review of license agreements;
• Litigation – in cases of infringement;
• Alert clients to intellectual property issues to be included in various agreements such as employment agreements.

 

Labor/Employment:
At a time when mega projects such as the Bahrain World Trade Centre, Bahrain Financial Harbor, Durrat Al Bahrain and Amwaj Islands are steaming ahead, and where a rising population of youngsters line up to enter the labor market in an ever expanding economy, and at a time when government policy seems to be steering towards increased Bahranisation of the workforce, there is a need more than ever before to understand and keep up to date with the labor laws. In this respect, we are able to provide the following services:

• Drafting and negotiating employment contracts including non-compete agreements;
• Drafting internal regulations, employee handbooks;
• Securing Intellectual Property rights in employees work product;
• Litigation: defending employers against employee claims and filing cases on behalf of employees who have not been granted their full legal rights by employers;
• Advising on labor redundancy issues associated with office closures;
• Advising on laws regarding Bahranisation of the work force;
• Advice on laws affecting non-Bahraini employees;
• Drafting settlement agreements for employer/employee disputes.

 

Litigation:
When a client comes to us with a problem, we provide advice particularly suited to the facts of the case. Not all cases can be won, no matter how smart the lawyer, and when faced with such a situation, we keep our clients fully informed and leave the final decision up to them. Our litigation practice spans the numerous practice areas we mentioned, such as commercial, intellectual property, marine, and labor. Our litigation services include:

• Assessment of the facts and provision of report to client containing legal analysis and options, including settlement if applicable;
• Should client decide to go forward with litigation, we prepare the statement of claim which client reviews prior to its submission in Court Register;
• We keep the client informed at all times of court hearing dates, content of defense memoranda submitted in Court, Judge interim decisions, up until the final judgment is passed;
• We inform the client of the appeals process, and go forward with the appeal if decided upon by the client;
• Finally, enforcement of Court judgments.

 

Marine:
Being an island country, shipping and maritime business have always been central to Bahrain. The country is frequented by ships from all over the world, hence the importance of understanding our maritime laws. Our practice includes advising on:

• Cargo loss & damage
• Personal injury

 

Real Estate:
Bahrain is one of the most densely populated countries in the world. With constant dredging operations in the sea and the construction of man-made islands, Bahrain has witnessed a recent increase in land size, which has prompted a flurry in construction. With projects underway such as the Bahrain World Trade Centre, Bahrain Financial Harbor, Durrat Al Bahrain and Amwaj Islands among others, all of which has drawn the interest of foreigners to the region, especially due to the fact that recent legislation has now allowed the purchase of land and real estate by foreigners in certain marked areas, it has become of utmost importance to keep abreast of the development in real estate legislation. Our practice includes:

• Provision of advice to foreign individuals/companies wishing to buy property in Bahrain;
• Drafting of rental contracts for lessor/lessee;
• Litigation – eviction for nonpayment of rent, or defense in case of unfair eviction;
• Provision of advice to lessors and lessees alike concerning their rights and obligations.

 

Social Insurance/Pensions:
Further to providing legal services in the labor/employment practice area, we also provide guidance and advice to both employers and employees alike regarding social insurance laws and pensions such as:

• Insurance against employment injuries
• Insurance against old age, disability, death

This Piece is taken from the website of Fakhro Attorneys & Legal Consultants.

See on-line at: http://www.fakhrolaw.com/practice.html