Litigation and Arbitration
Litigation and Arbitration
The Law Firm of Hassan Mahassni has represented litigants in matters before all of Saudi Arabia’s courts and tribunals, including the Board of Grievances, both in administrative cases involving the Saudi Arabian government and in commercial cases between private sector litigants, the Negotiable Instruments Offices, the Shari’ah courts, the Primary and Supreme Labor Commissions and the Committee for the Settlement of Banking Disputes at the Saudi Arabian Monetary Agency. The Law Firm of Hassan Mahassni has also represented clients in a number of ad hoc domestic arbitrations, and Mr. Mahassni has served as arbitrator in several major domestic and international arbitrations. Such representations have included acting as:
- Counsel to a major Saudi Arabian merchant group and a Korean manufacturer of consumer products in the defense of an action for alleged wrongful termination by the manufacturer’s former Saudi Arabian distributor.
- Counsel to a major Saudi Arabian merchant group and a Japanese manufacturer of electrical and electronic products in the defense of an action for alleged wrongful termination by the manufacturer’s former Saudi Arabian distributor.
- Counsel to a major international construction company in actions against a Saudi ministry for non-payment of amounts due under a project financing construction contract.
- Counsel to the Saudi Arabian affiliate of a U.S. defense contractor in three actions against a Saudi ministry for reimbursement of amounts paid to subcontractors under a major military procurement contract.
- Counsel to a major Saudi Arabian merchant group and a German manufacturer of automobiles in the defense of an action for alleged wrongful termination by the terminated Saudi Arabian distributor.
- Counsel to a multinational consortium of builders in an action against a Saudi Arabian governmental authority in respect of claims arising under a contract for the construction of two floating dry docks and ship repair facilities at the port of Jeddah.
- Counsel to a consortium of European contractors in three actions against a university in Riyadh in respect of claims arising under a contract for the construction of the university campus in Riyadh.
- Counsel to a U.K. aircraft engine manufacturer in defense of an action by the Saudi Arabian national airline to recover for hull and engine damage to a Boeing 747 aircraft sustained as a consequence of an engine explosion during take-off.
- Saudi Arabian counsel to insurers of a major aircraft manufacturer on matters of Saudi Arabian law relevant to litigation in the United States arising from an aircraft disaster at the Riyadh airport.
- Counsel to a German construction company in actions against various Saudi Arabian ministries in respect of claims arising under contracts for the construction of a large dam, Jeddah’s international airport and a military base, and against a private sector entity under a contract for construction of a pharmaceutical factory.
- Counsel to a Saudi Arabian cement company in connection with claims by a Japanese consortium arising under a turnkey contract for the construction of the client’s new plant relating to alleged adverse subsurface conditions.
- Counsel to a German telecommunications company in connection with disputes with a Saudi ministry arising under a contract for installation of telephone lines as part of such ministry’s expansion program.
- Counsel to a major Korean manufacturer of consumer electronics in respect of claims by its terminated Saudi Arabian distributor for alleged wrongful termination.
- Special counsel to a major U.K. soft drinks producer in connection with its defense of an action in Saudi Arabia by the company’s former Saudi Arabian distributor.
- Saudi Arabian counsel to the Saudi Cable Company in its dispute with Lucent Technologies concerning the supply of telecommunications cable. The dispute, which involved arbitration in London, has resulted in a preliminary arbitration award in our client’s favor for a sum in the region of US$ 100 million.
- Saudi Arabian and Japanese counsel to a Japanese company in a dispute with its Saudi Arabian joint venture which sought to litigate in Saudi Arabia in breach of an agreement to arbitrate offshore.
- Counsel to a German telecommunications company in connection with its appeal of a decision of the Saudi Arabian customs tribunal relating to alleged violation of Saudi Arabian customs regulations.
- Counsel to a major U.S. defense contractor regarding employment law matters in Saudi Arabia including defense of alleged wrongful termination proceedings before the Saudi Arabian labor courts.
- Counsel to a Scandinavian construction company in an action against a Saudi ministry in respect of claims arising under contracts for the construction of two hospitals in Saudi Arabia.
- Counsel to a European consortium in an action against a Saudi public authority in respect of claims arising under a contract to construct an extension of the port of Jeddah.
- Counsel to a Saudi-Turkish joint venture in three actions against a Saudi ministry in respect of claims arising under contracts for construction of a water reservoir and a municipal water system, and for the extension of another municipal water system.
- Counsel to a Japanese consortium in an action against a royal commission to recover amounts due under a contract for procurement and construction of a medical center.
- Counsel to Taiwanese owners of a cargo vessel and their London insurers in defense of a suit by the owner of a Saudi-flag vessel to recover damages resulting from a collision in Jeddah harbor, and in 20 unconsolidated suits brought against owners of both vessels by subrogated underwriters of cargo carried aboard the victim vessel.
- Mr. Mahassni was appointed by a major Saudi Arabian contractor to serve as arbitrator on a panel to resolve disputes under a contract with another Saudi company for the supply of building tiles, the ad hoc arbitration to be conducted in Saudi Arabia under the Saudi arbitration regulations.
- Mr. Mahassni was appointed as sole arbitrator by two Saudi Arabian partners to resolve disputes arising in connection with the dissolution of their partnership and partition of partnership assets in various jurisdictions including England and Saudi Arabia.
- Mr. Mahassni was appointed as party-nominated arbitrator for a Saudi contractor on a three-man panel to arbitrate a dispute with a project owner relating to the construction of a commercial and residential center in Jeddah with proceedings conducted under the Saudi Arabian arbitration regulations.