- h.alhakeem@alhakeemlaw.com
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Al-Hakeem Company has a full staff of lawyers specialized according to the types of legal issues handled. Such types are classified into branches. This classification of work in the company covers all aspects of legal work required in the Republic of Iraq in many provinces as well as in the Kurdistan region through a team of specialized lawyers. This scope of work covers the following categories:
Our company has embarked on an important goal in the field of consulting, which is to identify the proper method of taking any legal position towards any issue, dispute or subject, as it may be subject to dispute in the future, whether for institutions, companies or individuals. This is done through specialized lawyers within the company who plan the proper legal path that must be followed, and covering various topics that require a legal opinion or legal consultation in accordance with existing legislation. This includes investment issues in accordance with the applicable Iraqi Investment Law with respect various fields of investment (oil – residential – electricity – etc.) or the (financial – banking) matters under the existing banking legislation such as the law of the Central Bank of Iraq and the Law of Banking or the Islamic Banking Law or commercial issues for any commercial contracts or commercial memorandums of understanding or exclusive distribution agreements, or other issues be they commercial or civil. The Company’s scope of work also covers real estate issues related to all real estate procedures, as well as providing legal consultation regarding the application of the applicable Labor Law and the labor rules associated with it, in addition to the Law of Retirement and Social Security for Workers in Iraq.
This is made through the representation of institutions, companies or individuals to find a legal solution with the aim of reaching amicable solutions prior to referring the matter to courts. This covers the existing dispute between two parties or the one that may become in the future under consideration before the courts. Amicable settlement is also made by finding an amicable solution even if the dispute exists between two parties and is under consideration by the court. This is done through presenting proposal of solutions to the parties and then organizing settlement sessions. During such sessions, legal solutions are presented and finalized, followed by organizing initial settlement minutes and then preparing the final settlement draft.
The Company has a specialized staff of lawyers to plead in they have the legal authority, qualification and extensive experience that exceeds 35 years to plead before all types of courts of various degrees and types, including: -
• The Federal Supreme Court
• First-instance court specialized in commercial cases in order to represent foreign companies and their branches or local companies in all cases related to investment and commercial contracts with ministries and government agencies, as well as with regard to banking transactions of Islamic banks and non-Islamic banks through (banking facilities, facilitates offers and all agreements under Murabaha, bank debt restructuring agreements, standstill and novation agreement signed by banks with customers and other banking matters that are subject to the jurisdiction of this court). In addition to matters of trademarks in which recourse to the courts is made based on the applicable laws.
• First-instance court of civil lawsuits of various other matters which includes other financial procedures as well as commercial, real estate and mortgage procedures, etc.).
• Labor courts with respect to the applicable Iraqi Labor and Social Security Law for Workers.
• The Administrative Court and the Employees courts.
• The criminal courts of all kinds
This is made by drafting or reviewing the terms of contracts, whether they are investment (of all kinds), to be contracted by institutions, companies or individuals with government agencies in their various sectors or with private parties or contracted by various contracting bodies, or other commercial contracts and agreements such as exclusive distribution and supply agreements of goods and products or exclusive commercial agency agreement. The work made in this area also includes legal follow-up of contracts concluded by foreign or national companies with the Iraqi government as well as carrying out legal coordination on the work of these companies under those contracts.
The Company covers investment or commercial matters, in which it was agreed to resort to arbitration, whether it is internal arbitration by attending and pleading the arbitration proceedings, and then resorting to the judiciary in order to ratify the decisions of the arbitrators based on the applicable Iraqi laws, or the international institutional arbitration, where our company has common understandings with international legal companies in many countries, including the United Arab Emirates, as well as the Hashemite Kingdom of Jordan and the United States of America, in addition to other Arab countries and countries within the European Union which will be added soon. This is made through coordination and direct supervision between our company and those legal companies in order to legally represent our clients before these international institutions with respect to arbitration and its detailed procedures, including the International Chamber of Commerce in Paris (ICC), the London Court of International Arbitration (LCAA), the Dubai International Arbitration Centre (DIAC) and other similar institutions. Arbitration also includes our company's representation of clients of those above institutions inside Iraq in the event of obtaining an international arbitration decision that requires its implementation inside Iraq in accordance with the applicable laws or in the event of resorting to internal arbitration.
Through its actual experience and relations working with companies and law firms in the Arab countries, including the Hashemite Kingdom of Jordan and the United Arab Emirates, as well as in some European countries and in the United States of America, the Company established and crystallized networking with these legal companies in order to protect the rights of our clients in relation to their dealings outside Iraq. This also applies to our clients of legal companies, who sought the services of our Company after witnessing the seriousness and integrity in handling the interests of their clients inside the Republic of Iraq.
The Company provides legal assistance to representatives of local or foreign investment companies desiring to invest within Iraq. Such assistance is made by following-up the procedures required for obtaining and registering investment license in accordance with applicable investment law, amended, and the approvals by other sectoral entities for official investment projects of all types. Other legal services which includes; tax and real estate services in all its types; the incorporation of companies; opening of branches of foreign companies inside Iraq; registration of exclusive distribution and supply contracts; registration and establishment of commercial agency contracts as well as exclusive distribution agreements with Registration of Companies Directorate; and the registration of trademarks with the Trademarks Department in the Ministry of Industry and Minerals, whether for the parent company owning the trademark and its manufacturer or for the commercial distributor intending to obtain a license to use the trademark. These services are provided by a staff experienced and acquainted with the applicable Iraqi tax laws, the Registration Law, the Companies Law, and the Trademarks Law.