Banking & Finance
KBH has been present in the DIFC since 2006 and expanded its presence in Kuwait and Bahrain in 2010. It has been involved in the growth of the DIFC, UAE as a financial services hub both commercially and as a jurisdiction for dispute resolution, for the GCC and also for global financial institutions
The firm regularly advises its clients on:
- Bilateral and syndicated lending transactions
- Property and asset/mortgage finance
- Security documentation
- Structuring and incorporation of companies in DIFC
- Trade finance
In the financial services space it wins business across the entire spectrum of services:
- Entry strategy and incorporation in the DIFC for both regulated and non-regulated entities;
- Advising new start-up financial services business in conducting business in accordance with DFSA rules;
- Assisting companies in relation to DFSA imposed liquidations and DFSA led investigations; and
- Assisting clients in relation to disputes arising out of mis-selling of financial services.
The firm has won significant high profiles mandates across all of the above including:
- Appointment on the Liquidation Committee of a high profile European client representing several clients.
- Advising Saudi Arabian and Singaporean wealth management firms in setting up in DIFC;
- Advising high net worth individuals on their exit arrangements with DFSA regulated entities under investigation;
- Advising a high profile financial services firm in relation to a DFSA investigation; and
- Initiating multi million dollar claims on behalf of a liquidator and separately for a High Net Worth individual.
In addition to services provided by its corporate and commercial team, KBH’s litigation group advises clients on:
- Services and products originating from or sold through entities located in DIFC
- Claims in relation to enforcement of lending agreements against defaulting borrowers
- Claims arising out of activities of banks and their employees including white-collar crimes and breaches of anti money laundering regulations
KBH was at the heart of defining the DIFC jurisdiction in the Rafed Abdul Mohsen Bader Al Khorafi & 2 Others v Bank Sarasin–Alpen (ME) Limited & 1 Other DIFC Court Proceedings No CFI 026/2009 case.