Alaghbari & Partners

Managing Partner: Dr Ghazi Alaghbari

Number of partners: 3

Number of lawyers: 7 (including the partners)

Languages: Arabic, English 

Firm Overview: 

Alaghbari & Partners Law Firm was established by bringing together a number of independent legal practices to create a unique and leading law firm in Yemen, which successfully joins long and extensive years of experience and knowledge in the judicial and legal fields since 1994. The team consists of a distinguished group of lawyers and specialist consultants, whom share diverse academic and professional experience both in Yemen and other jurisdictions, and consequently embrace an excellent understanding of various cultures and legal systems. The firm is fond of its wide range of clients varying from individuals, small and medium enterprises to multinational businesses, government institutions and other types of national and international entities and organisations; and is highly committed to protecting its clients’ interests and meeting all commitments to the highest possible standards. The firm provides general legal advice and assistance as well as represents clients in litigation (civil, commercial and in some instances criminal cases) and alternative dispute resolution procedures (mediation and arbitration) in Yemen.

Main Areas of Practice: 

Administrative

Banking & Finance

Labour

Corporate & Commercial

Commercial Agencies

Real Estate

Intellectual Property

Maritime & Maritime Insurance

Arbitration & Alternative Dispute Resolution

Litigation

Tax

Insurance

Oil & Gas

Construction Contracting & Tenders

Oil & Gas:  

In addition to being the external legal consultants for several leading local oil and gas companies, the firm recently provided two international oil & gas companies with legal advice relating to Production Sharing Agreements, Joint Operating Agreements, along with other related matters that concern oil and gas companies, in line with Yemeni law.

Tax & Investment: 

The firm is currently representing a client before the Tax Court in a dispute against the Tax authority regarding determining profit and sales taxes.

The firm has obtained a judgment in favour of the Yemen Company for Sugar Refining in a multi-billion Yemeni Riyals case against the Tax Authority and the Investment Authority filed in the Commercial Court regarding the applicability of certain tax and customs benefits under the Yemeni Investment Law.

Banking & Finance: 

The firm was recently appointed by a highly prestigious local client to assist in a multi million loan agreement with an international financing entity. The firm is assigned to provide legal advice and consultation on the security package registration, documentation and perfection. In addition, the firm is to review and comment on the loan agreement from a Yemen law perspective.

The firm successfully represented Arab Bank in a case filed against the Public Prosecution and others before the Supreme Court regarding an amount of US$2,500,000 and a breach of trust crime, where the firm appealed the judgments that were issued against Arab Bank from the Primary Court and the Appeal Court. The Supreme Court issued its judgment in our favor and ruled the cancellation of the previously issued judgments.

The firm won a commercial case on behalf of a client against the Yemen Bank for Reconstruction and Development in a dispute over an amount of around US$5,500,000 where the bank obtained a performance order, provisional attachment order and filed an Establishment of Right and Validity of Provisional Attachment case against the client. The firm was able to obtain a court judgment that nullified the performance order and the provisional attachment order and dismissed the Establishment of Right and Validity of Provisional Attachment case.

The firm represented United Bank Limited in a US$25 million case concerning two standby letters of credit that were issued in favour of the Ministry of Oil and Minerals. The firm was successful in obtaining a dismissal of the case.

Maritime & Maritime Insurance: 

The firm successfully represented a local importer of iron in his claims against the Islamic Yemeni Insurance Company in relation to two insured iron shipments. Additionally, the firm was hired to represent the owners of the vessel MT Starlet, insured by British Marine, to conduct amicable negotiations with Yemen Petroleum Company to settle an ongoing court case with demands worth $6,000,000. The team at Alaghbari & Partners successfully managed to reduce the amount demanded and a favourable settlement was reached for the amount of $1,250,000.

Corporate & Commercial: 

The Firm is currently representing a client in a compensation claim concerning termination of the business activity, as well as acting on some of the affiliated agencies, in violation of the contracts concluded between the parties.

The firm was able to win a case on behalf of United Trading Agencies Ltd against the Clorox Company in relation to a dispute over an arbitration clause included in the distribution agreement concluded between the two parties. The Commercial Court in Sana’a, Yemen issued its judgment and ruled the arbitration clause invalid and thus confirmed the jurisdiction of Yemeni Courts.

Moreover, the firm was appointed by a German company to provide it with legal services concerning an amicable settlement and termination of an agency contract before the Ministry of Industry and Trade.

Additionally, one of the firm’s notable victories was in relation to a case won on behalf of the National Dairy & Food Company (Nadfood), relating to a dispute with the Yemen Standardisation, Metrology and Quality Control Organisation concerning lifting a provisional seizure affecting the import of raw materials for the production of dairy products using plant-based fats. The firm first obtained a court injunction through an expedited case lifting the provisional seizure and then filed a case to prevent the Yemen Standardisation, Metrology and Quality Control Organisation from any further arbitrary actions that affect Nadfood’s freedom in practicing its industrial and commercial activities in relation to the production of dairy products using plant-based fats.

More generally, the firm assists foreign companies with establishing a presence in Yemen and is involved in the drafting/reviewing of numerous forms of agreements. Insurance: The firm is currently representing a client in amicable negotiations with a local insurance company concerning a political violence insurance policy claim along with compensations.

Labour:  

The firm was appointed to represent Safer Exploration & Production Operations Co., a leading national oil and gas company, in the largest combination of labour law disputes in Yemen, revolving around a total claimed amount of US$20 million. The firm is selected by numerous local and international companies and organisations for the provision of legal advice in response to labour and taxation queries; the drafting/review of employment contracts and policies to ensure compliance with local regulations; and carrying out all related registrations before the relevant authorities.

Real Estate: 

The firm has won a case on behalf of the Yemen Bank for reconstruction and development revolving around a land dispute for a total claimed value of US$8,186,000 as well as two earlier real estate related cases on behalf of the Yemeni Kuwaiti Real Estate Development Company, in which the client was awarded by the Court a total amount of US$7 million.

Privacy & Data Protection: 

The firm has recently provided three international clients with advice regarding data protection provisions in line with Yemeni law. The firm provided a search engine with a legal advice concerning a questionnaire related to local laws and regulations.

The firm has provided an internet intermediary with legal advice concerning privacy and data protection laws in Yemen and intermediaries liability under Yemeni law.

INGO: 

The firm is the external legal consultant for two international INGOs, where it provides them with day-to-day legal consultation and assistance relating to activities and day to day management. In addition, the firm represents them in negotiations and meetings with third parties when required and provide them with legal advice in relation to matters that include, but are not limited to, all types of contracts and agreements, labor law issues, tax issues, internal policies and their compatibility with the Yemeni law, etc.

In addition the firm was appointed by an international INGO to provide it with legal services concerning registering the organisation with the relevant authorities and providing all necessary legal guidance during the registration process.

Telecommunication & Information Technology:  

The firm was recently assigned to review several contracts between a local client and an international telecommunication company, where the client is to be given a non-exclusive right to represent the company in supplying equipment, devices, and programs to local telecommunication companies.