Tel: (+966-12) 665-4353
Fax: (+966-12) 669-2996
P.O. Box 2256, Jeddah 21451
Kingdom of Saudi Arabia
Emad Zahrani focuses his practice on corporate law with an emphasis on the formation, restructuring and liquidation of Saudi companies. Mr. Zahrani has extensive experience preparing and amending articles of association, bylaws, shareholders agreements and corporate resolutions. Mr. Zahrani is well versed in preparing legal documents and memoranda for litigation before the General Courts, the Board of Grievances, the Commissions for Labor Disputes, the Commission for Insurance Disputes, and all other judicial bodies in the Kingdom of Saudi Arabia. By virtue of his extensive knowledge in Sharia’h Law, Mr. Zahrani has been primarily and actively advising clients in matters relating to Sharia’h law including commercial transactions, personal and family-related matters and issues of inheritance, and the like.
- Zahrani was nominated by Immam Bin Saud Islamic University, in 2009, to work as a judge in the General Adjucatory Jurisdiction.
- Zahrani was officially appointed by the Board of Greviances, in 2014, to work as a judge in Jeddah administrative Court, which appointment was subsequently appealed as he prefered to maintain his position as a lawyer.
- Zahrani has been admitted to the Saudi Association bar and has been granted an advocacy license from the Ministry of Justice to practice law in Saudi Arabia.
- Zahrani serves, currently, as an attorney and legal consultant in the Law Firm of Hassan Mahassni in Jeddah, Saudi Arabia.
Projects and Energy
1- Advising bidders on different packages of the Makkah Metro Project. As background, the Makkah Metro is a planned four-line metro system for the city of Mecca, Saudi Arabia. This will be in addition to the Al Mashaaer Al Mugaddassah Metro, which opened in November 2010 and carries pilgrims during the Hajj. The metro forms part of the 62bn riyal Makkah Public Transport Programme, which will includes integrated bus services.
2- Representing in one of the shareholders for various issues in relation to development, construction and ownership of 4000 MW Qurayyah Independent Power Project, the largest combined cycle gas turbine power plant in the world.
3- Advising bidders for first phase of the Jeddah Public Transportation Program (JPTP). The JPTP comprises of Metro & Light Rail Transit System, Bus Network, Marine Ferries/ Taxis and supporting infrastructure like the Obhur Creek Bridge, Corniche Tramway and Al- Muntalaq Multi- Modal Station with an estimated cost of the SR. 45 billion.
4- Advising from a Sharia’h-law perspective for a world renowned Korean construction company against a Saudi Arabian Company for alleged breaches of the subcontract agreement for construction of a leading Research Centre Project and alleged claim of damages in the range of SR. 79 million. The hearing for the case took place in April 2015 at ICC, Paris and we are following up with the various requirements from the arbitral tribunal.
5- Providing a pivotal expert opinion, from a Sharia’h-law perspective, for a high profile respondent to a contentious debt-recovery claim of $500 million in a highly complex, multi jurisdictional cross-border dispute, which was heard in the London Court of International Arbitration. The case revolves around a dispute concerning the interpretation and binding validity of an oral contract under Shari’ah law. Also, conducting a comparative analysis of English and Shari’ah laws, particularly with regard to the doctrine of promissory estoppel (under Common Law) & doctrine of binding promise (under Sharia’h Law).
6- Representing a purely Shari’áh Law case concerning a claim of approximately one million Saudi Riyal for the works my client has performed for someone who has passed away before payment of such amount, however some of the heirs are denying that the client has done works for the deseased.
7- Representing a high-profile shareholder in a company in connection with a derivative lawsuit against the manager of the company, claiming that the manager has misrepresented the company, misled the shareholders, and not acting in good faith nor in the best interset of the company.
8- Representing a preemeinent insurance company in a case involves a claim of more than one million Saudi Riyal for the salvaged cars sold to the defendant who has been delaying the payment due to an allegedly breach comitted by the insurance company of the respective agreement.
9- Advising a preeminent foreign petroleum company in Saudi Arabia, providing legal assistance and presenstations before the Higher and Primary Commissions for Settlement of Labor Disputes, in relation to several labor lawsuits.
10- Advising a well-known cooperative insurance company in Saudi Arabia, providing legal assistance and presentation in relation to the claims brought against it before the Commission of Settlement of Insurance Disputes.
11- Representing a client in a litigation involves a dispute over the validity of an authority of an agent who sold a property to my client on behalf of its owner, and which authority has been afterwards argued by the owner of the propoerty that it is not valid for the sale in dispute, and thus the owner is contesting the transfer of the ownership of such propoerty to my client. The value of the claim is more than one million Saudi Riyal.
Commercial, Corporate and M&A
12- Representing a wealthy and preeminent Saudi Group in connection with the acquisition of a private aeroplane to be used by the group, and subsequent management and operation of the aeroplane by a specialist third party company. Our role consisted of reviewing the various agreements relating to the deal including the agreements with the specialist company for the management and operation of the jet.
13- Representing a well known consortium comprising of a leading Saudi Arabian company and several international front running companies for the various tendering packages in relation to the estimated SR. 25.5 billion Makkah Public Transport Program (MPTP)-(Makkah Metro Project) Phase I. Parties advised: A consortium comprising of Saudi Binladin Group, Siemens, Thales, Hyundai and Porr.
14- Advising a foreign-owned minority shareholder of the most prominent national glassware manufacturing company, in relation to its rights, as well as the complexities surrounding its ability to sell its shares to a third-party and exit of the founding shareholder.
15- Providing various legal advices to a well known vertical utility company involved in power generation and water desalination in relation to their various commercial and corporate issues including greenfield solar projects. Head quartered in Saudi Arabia, the Company is a leading developer, investor, co-owner and operator of plants with a generation portfolio of 15,731 MW of power and 2.37 million m3/day of desalinated water with an investment value in excess of USD 23 billion.
16- Advising Saudi Total Petroleum Products Limited, the subsidiary of the giant French petroleum company, in connection with the restructuring of its investment licenses in Saudi Arabia, including the obtainment of a new trading license and the amendment of its industrial license in King Abdullah Economic City, the new commercial and business hub in Saudi Arabia.
17- Advising three major Saudi Arabian companies, one of which is incorporated under the Foreign Investment Act, in connection with the sale and purchase of two projects’ companies, which companies are implementing governmental contracts under BTO scheme relating to the operation and maintenance of water desalination plants, including preparing the list of necessary governmental approvals and the transfer of key personal from the selling contractor to the new one. Total value of the transaction is SR65 million.
18- Advising Rosenbauer Saudi Arabia Limited, the subsidiary of the leading Austrian manufacturer of fire fighting vehicles and equipment in relation to the opening of a plant for firefighting vehicles and equipment in King Abdullah Economic City.
19- Co-legal advisor in connection with the establishment of a limited liability company in Jeddah, Kingdom of Saudi Arabia, whose one of its shareholders is a leading logistic services company in French.
Banking & Finance
20- Co-legal advisor to Saudi Binladin Group in connection with increment of facilities up to SR 10.5 Billion (US$ 2.8 Billion) Shari’ah-compliant multi-option facility arrangements (including a letter of credit facility, a guarantee issuing facility and a Murabaha facility) relating to the major expansion and construction of the new Terminal Complex, Control Tower and other Supporting Facilities for the (new) King Abdulaziz International Airport in Jeddah, Saudi Arabia.
Real Estate and Construction
21- Representing a renowned Saudi client in respect of the acquisition of an apartment valued at £1.1 million, located in London, UK. The apartment was developed by a preeminent British real estate company, and the transaction involved back-and-forth negotiations with regard to the specifications of the apartment, as well as providing legal advice in relation to the provisions of the concerned contract.
22- Representing Saudi Binladin Group (SBG), the Saudi giant construction company in connection with its various mega projects in Saudi Arabia, including most recently the Makkah Metro Project, Obhor Creek Bridge, Jeddah Airport Project and KAP3 Project. Our role consists of providing SBG with the legal support that it needs in connection with its various construction projects in Saudi Arabia including but not limited to, assisting the client in its biddings to tenders, reviewing contracts and agreements including joint ventures and consortium agreements, construction contract with the project owner, advising about legal issues, termination clauses with subcontractor and foreign investment issues etc.
23- Advising a foreign Metal manufacturing establishment based in Jeddah, in connection with a sale of a high value land. The transaction involved a novation agreement whereby the debt was refinanced by the seller for acquisition of the land. Total value of the deal is approximately SAR 11 million.
Bar and Courts
All Saudi Courts – 2015
Practice Law Licence No. 235/36
- Imam Mohammed Bin Saud Islamic University, Bachelor in Shariah Law, 2009;
- Willamette University College of Law, LL.M., 2012;
- King Abdulaziz University, M.A., Islamic Finance, 2016;
- International cources in the field of Islamic Finance were also attended in Madrid, which were arranged and coordinated by IE University;
- Advocacy Practice Licence: Ministry of Justice Licence No. 235/36.
- Zahrani granted a Permission-To-Teach certificate (known as Ijaza), in 2005, which certificate is aimed to attest to the capability of its holder to perfectly recite Qura’an, and to further permit its holder to teach recitation thereof. This certificate also qualifies its holder for certain Sharial law-related positions that require comprehensive knowledge of the so-called Qura’an sciences;
- Zahrani granted several scientific recommendation letters from verious distinguished islamic scholars, acknowledging and appreciating my competence and highly-recognizable comprehention of Sharia Law;
- Attending various out-of-school courses arranged by the Ministry of the Islamic Affairs, Endowments, call and Guidance, which courses provided a variety of different aspects of Islamic sciences (e.g. Islamic jurisprudence, jurisprudence principles, interpretation of Qura’n and Hadith, etc..) , including a course designed for purpose of memorizing the prophetic statements (Hadiths) compiled in the two most authentic sources of Hadiths (i.e. Bukhari & Muslim).
Mr. Zahrani wrote a book in the field of the comparative law, conducting a legal comparison between the Shariah Law and the Common Law, in the subject of contract law, addressing particularly the binding nature of contracts as per each law, by way of identifying and analyzing the common and distinguished principles thereof, and also highlighting the various pertinent issues that revolve around the subject matter. A copy of the book may be available upon request.