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Areas of Practice

Litigation

The growing worldwide economy, and the rise of legal cases resulting from complex international transactions, has emphasised the need to provide cost- and time- effective management of all cases brought before the courts.

We have also significant experience in cross-border litigation, and our teams in Lebanon represent a wide range of clients - from individuals to global corporations and financial institutions - in their most challenging, complex, and important matters. Recently, Bakhos Law extended its expertise by drafting claims, submissions, memorandums, appeals, and grievances, before courts in Qatar and Saudi Arabia.

Our performance in litigation disputes is strong, and our track record for swift and successful dispute resolution is enviable.

Since its establishment by MP Auguste Bakhos in 1950, the firm has come to be acknowledged as one of Lebanon’s foremost litigation law practices. Our fundamental strength lies in our deep-rooted understanding of the law and the Lebanese legal system, and our highly professional relationship with the judiciary. Our lawyers have proven experience in litigation lawsuits and settlements, and are able to develop strategic, effective litigation plans to tackle every aspect of a case, and to achieve a successful outcome for clients.

Our experience has shown that the involvement of our lawyers at an early stage in managing a dispute can help to prevent escalation, and therefore cut back on costs. From the point of instruction, our team will deal with a dispute professionally, dynamically, and efficiently. We are able to advise on all the options available, and can assist from initial negotiations and mediation right through to service of proceedings, and representation at court.

Corporate Law

Corporate clients can put their trust in Bakhos Law. With many decades of experience in corporate law, we provide the most reliable and practical service and advice. From corporate formation to contract review, drafting and negotiation planning, and from start-up guidance to strategic advice, Bakhos Law can undertake all corporate law needs.

We see our role as paramount in enabling our clients to manage their businesses effectively, in the full knowledge that their corporate legal matters are being handled in a reliable and focused manner. In partnering with Bakhos Law, clients will be able to successfully meet on-going challenges and take advantage of upcoming opportunities.

Bakhos Law provides legal consultancy at every stage of a company’s growth, and ensures that clients have followed the correct procedures and processes to establish their corporations. We provide the legal framework upon which clients can grow and develop their business according to their strategic objectives.

Bakhos Law has a team of highly qualified and experienced specialist lawyers, all of whom are committed to providing strong and effective representation, with respect and integrity.

We provide a variety of legal services for businesses of all sizes, including:

Business Entity Formation
Contract Review and Drafting
Mediation/Conflict Resolution
Negotiation
Strategic Business Planning
Transaction Structuring

Mergers And Acquisitions

Mergers and Acquisitions transactions can be highly complex.
Bakhos Law is highly experienced in all aspects of mergers, acquisitions, joint-ventures and equity investments. Our lawyers have extensive experience across all the major markets and across the region, and will advise on any transaction; always ensuring that our legal services are tailored to the particular needs of each individual client.

Criminal Law And White-Collar Crimes

The Lebanese Criminal Code is a wide-reaching code of conduct that at all times strives to protect citizen’s rights. At Bakhos Law our criminal law specialists are highly respected for their understanding of criminal law, and for their detailed and unique approach to all matters related to criminal issues.

Our range of expertise covers notably white-collar crimes such as money laundering, corruption, fraud, embezzlement and other financial crimes, together with every aspect of Offences against the Person (non-violent and violent, including homicide) and Offences against Property.

We understand that every case, no matter how big or small, can cause stress and anxiety. That is why responsiveness and effective advocacy are two of our primary goals.

For over 30 years, our lawyers have been involved in countless cases, including some of the most high-profile, complex cases to come before the courts. In this regard, we have an impressive record of successes, and in certain instances have been able to set precedents in Lebanese Law. It is true to say that Bakhos Law has the most comprehensive and in-depth understanding of criminal law, and its application in the courtroom.

We take a very personal, hands-on approach to each of the cases we are involved in, developing a strategy that will offer the greatest possibilities for success. Our track record is testament to the skill and capabilities of our criminal law team and the approach we take.

U.S. and Lebanese Taxation

The Foreign Account Tax Compliance Act (FATCA) is a new U.S. law, aimed at foreign financial institutions and other financial intermediaries to prevent tax evasion by U.S. citizens and residents through the use of offshore accounts. FATCA can have a far-reaching impact on U.S.-based companies as well as foreign companies with U.S. assets or clients.

Through this partnership, we are able to provide advice to U.S. resident aliens, U.S. non-resident aliens, cross-border property owners, and U.S. expatriates.

We can help clients overcome the complexities of the many U.S. tax laws, regulations, and rules - with a particular focus on both the legal, and the human consequences of any action.

Lebanese Taxation Law advice and guidance on effective tax planning can be provided to individuals and companies by Bakhos Law lawyers who specialise in taxation law. All aspects of the law are covered by our specialists, including those related to real estate, corporate acquisitions, disposals, reorganisations, migrations, securitisations and financings.

In light of the FATCA law and regulations, scheduled to be enforced by the U.S. government in January 2014, Bakhos Law has anticipated the needs of clients who hold dual citizenship, and who may be affected by the new regulations.

We have partnered with a U.S. law firm that specializes in all aspects of the U.S. income and transfer tax laws, rules and regulations. This firm is highly experienced in the areas of tax and financial planning, transactional structuring, and compliance and reporting requirements for high-net-worth individuals, families and entities.

Our partner is also experienced in tax-saving strategies for inter-generational wealth transfers between U.S. citizens.

Oil And Gas

Oil and gas law issues have gained significant prominence in the last several years, particularly in the eastern Mediterranean region. International petroleum transactions occur within a complex legal environment that limits what petroleum companies, host governments, and service companies can do, and interprets and enforces many of their promises.

Our lawyers provide professional, relevant advice and guidance in areas related to acquisitions, financing, corporate, and operational matters, as well as wider issues concerning pipeline and storage representation, and Liquid Natural Gas (LNG).

Bakhos Law has acted as advisors to Asian clients on matters relating to investment in the building of an oil refinery in the Bas-Congo Province of the DRC. Also, Bakhos Law negotiated contracts for the importation of LNG to the U.S. from a number of producer countries including, Nigeria and Russia.

Bakhos Law has the experience necessary to critically assess and examine key legal issues in the oil and gas sector - specifically, issues regarding oil and gas exploration, production, development, and transportation. We ensure that the legal fundamentals that make international transactions work are in place. These include interpreting and enforcing agreements, procedures for resolving disputes, addressing interpretational issues posed by common contract provisions, and avoiding liability under environmental and anti-bribery laws.

Real Estate Law

For over sixty years, Bakhos Law has provided professional advice covering the complete range of domestic and multi-national commercial real estate transactions to clients world-wide, and we are respected for our innovative structuring of sophisticated and highly complex transactions.

Our lawyers are highly experienced in both freehold and leasehold transactions relating to commercial and residential property. We have actively and directly contributed towards the creation of the property lease concept in Lebanon, and drafted related laws. This has enabled our lawyers to successfully represent numerous landlords and tenants in the leasing of real estate properties.

Bakhos Law has extensive experience in all commercial and residential transactions, including development projects, and we have devised, negotiated and documented major joint-venture and partnership investment programmes.

Our real estate team has been involved in all legal aspects of the development and management of the property market in Lebanon, and over the years, Bakhos Law has advised government bodies, developers, sub-developers, financiers, and purchasers, including foreign investors.

Construction Law

Bakhos Law represents all stakeholders engaged in the entire construction process and its wider fields of activity. Clients typically include general contractors, construction managers, design builders, subcontractors, suppliers, owners, architects, engineers, and financiers.

We can act for clients in complex contract negotiations, and draft ancillary documents such as credit facilities, securities and guarantees, performance bonds, and letters of credit.

In connection with construction-related legal matters, our team routinely provides advice and guidance, and will:

draft, review and negotiate contracts,
analyse, prepare, prosecute and defend contract claims,
negotiate and resolve contract claims,
mediate in construction disputes,
arbitrate construction disputes,
litigate at both trial and appellate levels,
lodge bid protests,
appraiseinternational projects.

Franchising And Licensing

A Franchise Agreement is the fundamental basis of the franchisee-franchisor business relationship. It is the document that legally binds both parties, detailing the rights and obligations of the parties. It is of paramount importance that the Franchise Agreement is clear and fully understood, to avoid unforeseen issues at any later stage.

We are able to undertake every type of agreement, including: franchise development, master and unit franchise agreements, direct licensing, multi-unit franchises, sub-franchises, combination franchises, and joint ventures.

There is no standard form of Franchise Agreement because the terms, conditions, and the methods of operations of various franchises vary widely depending on the type of business involved. At Bakhos Law, we have a wealth of knowledge and experience that enables us to manage the entire process for both an intending franchisee and the franchisor. Importantly, we will assess and recommend the most favourable legal and market-entry strategies to maximise the potential of a franchise arrangement.

Insurance And Reinsurance

Insurance is complex, diverse and fast-paced. Insurance underpins virtually every corporate transaction, and is the critical factor in risk management and financial planning. For individuals, apart from the obvious life and property insurance that people are aware of, specialised policies can cover almost any and every risk, including high-value items such as jewellery and fine art.

We have a unique understanding of insurance, so we are able to accurately identify the insurance needs of our clients, and can offer a range of specialised insurance policies to mitigate almost any risk.

As insurance litigators, Bakhos Law can handle disputes ranging from simple claims by individuals on motor policies, to complex claims by an insurance company against its own insurers in respect of product or high value corporate liability claims possibly lasting for a number of years.

Structuring And Restructuring

Deciding on the most appropriate business structures is one of the most important decisions required when starting a business. Choosing the wrong structure at the outset may have long-term financial consequences for a business. Where this happens, financial instability can follow, and this may lead to insolvency.

The task of structuring, or restructuring, a business is an extremely complex area of Business and Corporate law. The team at Bakhos Law has the specialised skills and years of experience to achieve the best outcomes for clients in their specific circumstances.

Restructuring a business gives owners or directors the opportunity to salvage the business by turning it around.
Through restructuring, a company can adopt a structure which complements the business and effect changes to make the company either profitable or more profitable.

Public Law and Privatisation

Bakhos Law can act on behalf of clients in all matters associated with public law (including notably administrative law) in Lebanon. Our services are all-embracing, from straightforward permit and licence applications, to complex constitutional, legislative, disciplinary and enforcement actions. We are able to represent clients in all courts throughout the country and at any state, municipal, or administrative proceedings.

Lawyers at Bakhos Law are expert in all matters that pertain to state privatisation strategies, including PPPs.
With our in-depth commercial and financial legal expertise, we are able to assist and guide both governmental agencies and private clients in all aspects of the privatisation process including establishing the legislative framework, negotiating short or long-term grant concessions, and navigating the detailed, time-critical, process.

State-owned enterprises (SOEs) are widespread throughout the Middle East, and the scale of privatisation in the region has been historically very low.
However, Governments are becoming increasingly aware of the financial and social benefits of a privatisation program, since not only high-profile state businesses are being privatised, but also low-profile public utilities being groomed for private ownership and Public Private Partnership (PPP) ventures.

Family Law

As sensitive practitioners of family law, our primary aim is to achieve the fairest outcome with as little emotional impact as possible on any party involved. We have the experience and understanding to deal tactfully and carefully with the delicate nature of every aspect of family law. Clients can trust us to work with them, and for them, every step of the way.

The scope of our services includes domestic abuse cases, divorce and separation, financial agreements on the break-up of a marriage or relationship, and child-custody cases. In addition, we are able to assist clients with pre-nuptial agreements, marriage arrangements, and adoptions.

We handle the widest possible range of family law cases, and we have specialized skills in dealing with complex religious laws pertaining to the family.

Intellectual Property

Intellectual Property is a term used to cover the rights which may result from intellectual activities in the industrial, scientific, literary and artistic spheres, and includes patents, trademarks, commercial names and designations, industrial designs, geographical indications, copyright and related rights, and protection against unfair competition.

We have successfully defended intellectual property rights from infringement and counterfeiting, and have defended clients’ rights on opposition, cancellation, and appeal actions, before Lebanese courts and administrations.

Bakhos Law has extremely high levels of specialized knowledge and experience in dealing with all aspects of intellectual property law, covering client needs that may include registration, prosecution, maintenance, licensing, and counselling services.

Labour Law

The Lebanese Labour Law is applicable to all workers and employers, other than domestic workers, agricultural workers, enterprises limited to family members, and public servants. The DLIPS in Lebanon supervises the implementation of all laws, regulations, decrees, and rules pertaining to the terms and conditions of employment, and the protection of workers in the workplace, including the provisions of international labour conventionsthat have been ratified.

In addition, we can assist clients in the preparation of corporate labour internal regulations and the preparation of contracts for staff at all levels.

Bakhos Law provides legal services that cover the broad spectrum of complex Lebanese labour laws, and issues relating to social security and labour disputes. We provide legal advice and guidance regarding compliance with local, regional and international labour laws and regulations, and we can represent clients at all courts covering labour disputes.

Maritime Law

Due to the geographical location of Lebanon, and because the port of Beirut is strategically positioned at the point where Europe, Africa and Asia converge, maritime activity is particularly strong in Lebanon. The Maritime Law Department at Bakhos Law has, for many years, successfully handled all types of legal cases that require extensive maritime law expertise and experience.

Bakhos Law represents both ship owners and banks for the financing of major maritime projects.

The scope of our activities covers contracts for the construction and sale of ships, and admiralty litigation (personal injury, collision, cargo damage, wrongful death, safety at sea, pollution control, salvage, rules for the prevention of collisions, and coordination of shipping regulations).