Services

Whether in Bahrain, regionally or globally, our clients count on our extensive experience in litigation against governmental authorities or private parties, counselling on delicate questions and comprehensive worldwide coverage of merger control regimes.

We advise clients worldwide on the complexities of proposed cross-border transactions (mergers, joint ventures). In addition, we produce a regularly updated comprehensive catalogue of global merger notification requirements.

The international nature of our practice has enabled us to develop particular experience in advising on cross-border or international mergers and acquisitions, joint ventures, licensing and distribution arrangements and criminal investigations.

Whether in Bahrain, regionally or globally, our clients count on our extensive experience in litigation against governmental authorities or private parties, counselling on delicate questions and comprehensive worldwide coverage of merger control regimes.

We advise clients worldwide on the complexities of proposed cross-border transactions (mergers, joint ventures). In addition, we produce a regularly updated comprehensive catalogue of global merger notification requirements.

The international nature of our practice has enabled us to develop particular experience in advising on cross-border or international mergers and acquisitions, joint ventures, licensing and distribution arrangements and criminal investigations.

Bahrain is the banking centre and financial hub of the GCC region. The Central Bank of Bahrain (CBB) regulates and supervises all components of the Bahraini financial sector, including investment companies, conventional and Islamic banking, insurance, the Bahrain Stock Exchange (BSE) and specialised financial service providers.

We have an excellent record in this area, and our clients include some of the most prominent international and local banks, insurance companies, investment funds, financial institutions and high net worth investors.

Transactions in banking and finance on which we regularly advise include:

• Islamic finance
• Licensing and regulatory issues
• Structured and project finance
• Underwriting and syndication of loans
• Secured commercial lending
• Foreign Trade

The ability to raise funds necessary for growth is critical to virtually every company. With decades of combined experience, our capital markets team has been dedicated to structuring transactions that allow companies to realize their objectives.

We work closely across the regions, where our “on the ground” knowledge of Bahrain, the GCC and global markets and the political, regulatory and economic environments in which our clients operate, gives us an unrivalled familiarity with the intricate legal issues specific to those markets.

We advise on the full range of debt and equity transactions and have achieved a leading reputation for advising on “firsts to market” in difficult legal environments.

Clients can benefit from our extensive experience and capabilities in:

• Equity offerings
• Debt offerings
• Sovereign issues
• High yield
• Securitization
• Derivatives
• Investment funds
• Corporate trust
• Regulatory
• Broker-dealer issues

We provide legal advice and assistance on a wide range of commercial arrangements in the context of a dynamic and constantly developing business and commercial environment. Our commercial law team has many years of experience in advising clients on a wide-range of commercial areas, whether in Bahrain, regionally across the GCC and the wider Middle East, or globally. W

We are also fully familiar with the substantial Bahraini legislation and guidelines which cover the commercial field. This includes the Bahrain Corporate Governance Code of 2011, The Commercial Companies Law of Bahrain and much else.

Our lawyers’ knowledge of both local and international factors that underlie commercial transactions enables them to provide clients with cost-effective yet original and sophisticated ways of conducting business and arranging their affairs.

We often advise on all types of commercial agreements, such as:

• National and international distribution agreements
• Representation, agency, and franchise agreements
• Manufacturing and supply agreements
• Joint ventures/transfer of assets & businesses
• Sales and marketing agreements
• Advertising and promotion agreements
• Co-operation, collaboration agreements and strategic partnerships
• Licensing, research, development and exploitation agreements
• Outsourcing
• Supply services and manufacturing agreements
• E-commerce

We can assist in the incorporation or establishment of your legal entity by preparing and submitting all necessary documents for the registration and incorporation of a company in Bahrain.

We can incorporate all types of companies, including:

• Bahraini Shareholding Company (public or closed)
• Limited Liability Company
• Single Person Company
• Branch of a foreign company or Representative Office

We specialise in general corporate legal services, including:

• Advising on all aspects of the requirements of the Commercial Companies Law and the Law of Commerce
• Maintaining statutory records
• Organizing and convening board and general meetings of shareholders
• Filing annual accounts with the Ministry of Industry and Commerce and the Central Bank of Bahrain
• Drafting various resolutions at shareholders’ and board meetings
• Assisting with the transfer, issue and/or merger of shares in the capital
• Assisting with amending the Memoranda and Articles of Association
• The administration of any routine appointments and resignations of directors and authorised persons
• Change of address or company activities
• Drafting all supporting documentation, convening the Annual General Meeting and the filing of relevant resolutions
• Drafting resolutions for increasing authorised share capital
• Drafting, executing and legalizing various other corporate documents and agreements
• Assisting with dissolution and subsequent liquidation.

The frictionless flow of information is a defining feature of today’s information economy. It also presents a new world of risks.

The potential for misuse of sensitive personal information has triggered legislative and regulatory action worldwide. Privacy laws vary by jurisdiction, are interpreted unpredictably, and are in a constant state of flux.

Even the most well-meaning, conscientious company can make a false step as it captures, uses, transfers and discloses personal information. The consequences can be serious and even devastating: heavy fines, injunctions, government audits, even criminal liability. Perhaps more importantly, companies that fall foul of privacy and data protection standards may suffer reputation-wrecking media attention and the immeasurable damage of lost consumer trust and confidence.

These risks have led a growing number of companies operating in Bahrain, across the GCC and globally to turn to our global privacy group for help in adopting sound privacy practices, ensuring regulatory and legal compliance, and protecting their competitive advantage.

Privacy and data protection services we provide for our clients include:

• Privacy audits
• Cross-border data transfer
• Data security breaches
• Employee monitoring
• Employee privacy
• Privacy policies
• Direct marketing policies
• Document management policies
• Financial privacy
• Healthcare privacy
• Privacy litigation

Distributorships are in essence a licence to distribute a product. Distributors work with manufacturers to get their goods to the buyer, either a business or a member of the general public.

The advantages of taking out a distributor licence are many; they include the benefits of having an established brand, plus no manufacturing costs. Marketing and training support from a larger company is also generally part of the deal, as it is in the best interest of the manufacturer to direct visitors to the distributors themselves, providing yet another channel of opportunity for the distributor.

We can assist would-be distributors in Bahrain or the wider Gulf region with company set-up and registration, as well as associated legal requirements, in addition to providing full corporate and secretarial services and office space through our partners, Prime Instant Offices.

Our Environmental practice team shares a broad-based experience in the environmental laws and regulations of major countries around the world. As environmental risks and regulations become increasingly global, our global reach and tie-ups are strategic assets for our clients.

Our global practice covers all aspects of environmental law, including:

• Climate change, renewable energy and clean technology
• Environmental advice on infrastructure, project development and finance
• Environmental compliance and regulatory advice
• Environmental due diligence/transactional
• Environmental litigation and enforcement
• EU environmental legislation and lobbying
• International trade and the environment

Our Financial Restructuring and Insolvency Practice is an integrated team of specialized lawyers who practice exclusively or principally in the area of bankruptcy and insolvency law. We represent clients in all aspects of restructurings, workouts and insolvency matters, including both transactional and litigation matters. As well as in Bahrain and across the GCC, we regularly represent multinational corporations in simultaneous proceedings in virtually every corner of the world.

Our approach is to develop a very sound strategic understanding of each client’s circumstances right up-front, as quickly as possible. We have built a reputation for being aggressive and creative for our diverse clients across the board, not waiting for others to act, but forcing others to react to what we are doing for our clients. We are the go-to team for clients in deep trouble who need a law firm to hit the ground running – and to represent them with passion and tenacity.

Our completed and on-going assignments reflect the diversity and dynamism that have become hallmarks of our practice. Importantly, we have been able to regularly achieve extraordinary results for clients facing long odds in difficult positions.

Franchising offers many advantages to both franchisor and franchisee. These include:

Corporate image – The corporate image and brand awareness of the company is already established. Consumers are always more comfortable purchasing items from a familiar brand or company they know and trust.
Training – The franchisor usually provides extensive training and support to the franchise owner.
Time Savings – Since the franchise company already has the business model in place you can focus on running a successful business.

We have worked with manyindividuals and businesses to establish franchises locally in Bahrain, regionally across the Gulf, and internationally. Our services cover franchise set-up, legal requirements, and trademark / commercial registration, as well as full corporate secretarial services and office space through our partners, Prime Instant Offices.

Intellectual Property (IP) has increasingly become one of the most valuable assets both of companies and individual entrepreneurs. The establishment, protection and exploitation of IP rights has therefore become one of the most significant aspects of a booming economy, often underlying the success of businesses and industries across entire commercial sectors.

Bahrain has been a leader in the GCC region in the development and implementation of IP laws and regulations. In January 2006, Bahrain ratified a Free Trade Agreement (FTA) with the USA. A key component of the FTA is the protection of Intellectual Property rights.

We provide our clients with a comprehensive service relating to the acquisition, registration, protection, enforcement and commercial exploitation of IP rights, both in Bahrain and internationally.

We advise clients on all areas of IP law including:

• Copyrights
• Patents
• Trade Marks

Our Global International Arbitration Practice has repeatedly been recognized as prominent in its field. We advise clients operating under virtually any legal system, both common and civil law, on every step of the dispute resolution process, from the drafting of dispute resolution clauses to the conduct of proceedings, through to the enforcement of arbitral awards.

Based upon our direct experience, we can recommend suitably qualified arbitrators and expert witnesses. We also advise on alternative dispute resolution methods such as mediation, and can provide guidance on the best dispute resolution options in any given situation.

We have arbitration expertise across a wide range of industry sectors, including:

• Aviation
• Aerospace
• Communications
• Defence
• Hospitality
• Information technology
• Manufacturing
• Media
• Pharmaceuticals
• Power
• Real Estate
• Telecommunications

Government actions increasingly affect companies involved in the global trade of goods and services. Whether they’re negotiating multilateral, regional or bilateral trade agreements, or revising national laws and regulations, the involvement of governments frequently has a direct and profound impact on the rules governing international trade.

While the ultimate goal may be a more liberalized trading system, the immediate result is just as likely to be a thicket of rules, procedures and exceptions. This can mean an even more difficult business environment.

Our International Trade Group helps clients manage the risks and maximize the opportunities associated with the increasing regulation of international trade in goods and services. Our practice extends throughout the globe, providing a range of services designed to match the scope of global trade regulation and answer the needs of our clients wherever and whenever they arise.

The labour laws of Bahrain are continuously developing and changing. As a result of globalisation, employment matters today normally have both a cross-border and local dimension to them. Our team of local experts coupled with our international lawyers provide commercially sound practical advice tailored to our clients’ individual commercial needs.

Our clients come from a broad section of industries and include large multi-national corporations, banks and other financial institutions, IT companies and telecommunication companies, to name just a few.

The following are some of the key areas on which we provide advice:

• Drafting and advising on employment contracts and termination
• Litigation and employment disputes
• Corporate restructuring, mergers & acquisitions
• HR policies and employee regulations

Our experienced team has contributed to the development and drafting of a significant number of laws and subsidiary legislation in Bahrain. Our expertise covers the areas of legislation development and drafting, public and administrative law, procurement, structuring and governance of government, public and commercial entities.

We understand how any new legislation must fit and integrate into an existing constitutional and legislative framework, together with the need to produce clear and concise legislation that takes into consideration the legal landscape and developments affecting the wider region and our clients.

We have assisted the Bahrain Government in the drafting of new laws or subsidiary legislation; such work comprises the following:

• Carrying out a gap analysis to determine what is missing or could be improved in the existing legislation.
• Performing a benchmarking exercise to see what is done in other countries, determining any relevant international obligations that will need to be met.
• Consulting with all stakeholders to ensure that the full spectrum of concerns is understood and dealt with.

The intensity of doing business in today’s global marketplace means that disputes are inevitable. We have a strong dispute resolution team, and offer both litigation and arbitration. We aim to avoid litigation as much as possible, and our team of lawyers are exceptionally good at assessing our clients’ risks and possible liabilities before they arise.

Where litigation is unavoidable, we have an outstanding reputation for winning. Where arbitration and other forms of ADR are the best option, our lawyers are experienced in developing problem-solving strategies suited to the individual client’s commercial objectives.

We are well-known for our experience and focus on both strategic and private equity transactions, specific industries and cross-border transactions. With an expert M&A team, Zu’bi & Partners is one of the few law firms in the region with the global capacity and experience to provide assistance to clients on M&A transactions, whether in Bahrain, elsewhere in the GCC or globally. We are well versed in the markets in which our clients operate, allowing us to maintain a commercial approach that optimizes efficiency, reduces costs and enhances effective deal execution.

Whatever their niche, we can help clients close deals in many industries, including automotive, construction, defence, energy, financial services, healthcare, hospitality, insurance, media and entertainment, mining, oil and gas, publishing, retail, semiconductor, shipping, technology, telecommunications and transportation.

We have taken the lead in devising creative deal structures, designing acquisition programmes and planning and implementing strategies for both acquirers and potential acquisition targets in domestic and cross-border transactions around the world. Our global transactions include:

• Cross-border and domestic deals
• Public and private acquisitions
• Equity investments and divestments
• Joint ventures
• Leveraged buyouts
• Tender & exchange offers
• Unsolicited offers and defences to unsolicited offers
• Privatizations
• Proxy contests
• Spin-offs and dispositions
• Negotiated acquisitions, including acquisitions of financially troubled companies

Our Private Clients practice is dedicated to assisting high-net-worth individuals and families with interests in the region with the accumulation, management and transfer of personal wealth, as well as advising the financial institutions that serve these clients.

Our services include business counselling, management and succession planning for closely-held businesses, domestic, offshore and international tax planning, corporate finance and restructuring, estate planning and transfer of wealth, estate administration and dispute resolution, compensation and retirement planning, fiduciary litigation, and a wide range of services to fiduciaries and charitable organizations.

We advise sponsors, governments, construction companies and lenders on projects and project financing across energy, infrastructure, mining and telecoms throughout the world.

We provide our clients with a totally integrated service on all aspects of project work, drawing on and marshalling the Firm’s specialist skills in all relevant areas of law.

Our lawyers win praise for their technical ability as well as their commercial approach and can provide a comprehensive service, including advising on joint ventures, project structures (BOT, BOOT, DBFO, DBFM, PPP, 3P, PFI and others), conducting legal due diligence, risk allocation and reviewing the ‘bankability’ of project agreements, financing arrangements (bank and bond) and relevant security packages and considerations across the globe.

We have a dedicated global Sovereign Wealth Funds (SWF) team that advises fund managers based in the GCC and across the globe. We advise our SWF clients on a multitude of issues, including mergers & acquisitions, real estate acquisition, infrastructure investments, tax structuring, global anti-trust strategies, internal corporate governance and dispute resolution.

We have an excellent understanding of how sovereign wealth funds think and operate. Our understanding has been enhanced by some of our lawyers, including partners, having been seconded to various SWFs. We appreciate that each SWF is unique and that SWFs will often have a bespoke approach to certain issues, including their approach to: participation in auctions, potential disputes, sovereign immunity, sovereign tax exemptions, regulatory disclosures, co-investment and anti-embarrassment rights.

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Sovereigns and other public investment funds face unique requirements and heightened scrutiny in all of their activities. Our lawyers have years of combined experience advising sovereigns at all levels of government across the globe. Thanks to our global experience, we understand the risk sensitivities and the strategic goals of sovereign investors. We understand that what looks like a sensible portfolio decision within a sovereign’s investment office may be perceived quite differently elsewhere.

To deal with some of the issues that arise in sovereign investing, we have a team of professionals who are focused on strategic communications, a resource we believe to be unique among legal service providers.

Our areas of focus include:

• Banking and finance
• Capital markets
• Corporate and business transactions
• Litigation and arbitration
• Public policy and regulation
• Real estate
• Restructuring and insolvency

The ability to raise funds necessary for growth is critical to virtually every company. With decades of combined experience, our capital markets team has been dedicated to structuring transactions that allow companies to realize their objectives.

We work closely across the regions, where our “on the ground” knowledge of Bahrain, the GCC and global markets and the political, regulatory and economic environments in which our clients operate, gives us an unrivalled familiarity with the intricate legal issues specific to those markets.

We advise on the full range of debt and equity transactions and have achieved a leading reputation for advising on “firsts to market” in difficult legal environments.

Clients can benefit from our extensive experience and capabilities in:

• Equity offerings
• Debt offerings
• Sovereign issues
• High yield
• Securitization
• Derivatives
• Investment funds
• Corporate trust
• Regulatory
• Broker-dealer issues