Emtithal Law Firm

Expertise

What we do, and how.

Our practice areas cover the fields of Kuwaiti law in which we advise. Our services set out the support we provide to clients, from advice and drafting to representation.

Practice areas

  1. 01CorporateCorporate activity in Kuwait is governed by the Companies Law, Law No. 1 of 2016, and its Executive Regulations, alongside related legislations.
  2. 02Bankruptcy and RestructuringKuwait's insolvency regime was rebuilt by the Bankruptcy Law, Law No. 71 of 2020, which replaced a framework directed almost entirely at liquidation, removed the automatic criminal consequence of a failure to pay where there is no fraud, and created a specialised Bankruptcy Court.
  3. 03Commerce and E-CommerceCommercial dealings are governed by the Commercial Law, Decree-Law No. 68 of 1980.
  4. 04Civil LawThe Civil Code, Decree-Law No. 67 of 1980, governs contract, tort and property, and supplies the rules that apply wherever a specialised statute is silent.
  5. 05Capital MarketsFinancial activity in Kuwait is governed by Law No. 7 of 2010 establishing the Capital Markets Authority and regulating securities activity, together with its Executive Regulations.
  6. 06White Collar CrimeFinancial crime is prosecuted under the Penal Code, Law No. 16 of 1960, and, where public money or public office is involved, under the Public Funds Protection Law, Law No. 1 of 1993 and the Anti-Corruption Authority Law, Law No. 2 of 2016.
  7. 07Data ProtectionKuwait has no single, consolidated data protection statute.
  8. 08CybersecurityCyber offences are prosecuted under the Law on Combating Information Technology Crimes, Law No. 63 of 2015.
  9. 09Administrative and RegulatoryA large part of commercial activity in Kuwait depends on a decision taken by a ministry, a regulatory authority or a public institution, and on how quickly it is taken.
  10. 10Public Tenders and Government ContractsPublic procurement is governed by the Public Tenders Law, Law No. 49 of 2016, as amended by Law No. 74 of 2019 and Law No. 1 of 2024, together with its Executive Regulations.
  11. 11Employment and LabourPrivate sector employment is governed by the Labour Law, Law No. 6 of 2010, and by the ministerial resolutions issued under it.
  12. 12Real Estate and LeasingOwnership and transfer of real estate are governed by the Civil Code and by the Real Estate Registration Law, Decree No. 5 of 1959.
  13. 13Insurance and ReinsuranceThe sector is governed by the Insurance Regulation Law, Law No. 125 of 2019, as amended by Law No. 1 of 2024, and its Executive Regulations.
  14. 14TaxationCorporate income tax is imposed by Decree No. 3 of 1955, as amended by Law No. 2 of 2008, at 15% on foreign entities carrying on business in Kuwait, whether directly or through a Kuwaiti counterparty.
  15. 15MedicalThe sector is governed by Law No. 70 of 2020 on the practice of medicine and its allied professions and the rights of patients and health facilities.
  16. 16Succession and InheritanceSuccession for Muslims is governed by the Personal Status Law, Law No. 51 of 1984, which applies Shariah principles to the composition and distribution of the estate.
  17. 17IT and TelecomsThe sector is regulated by the Communication and Information Technology Regulatory Authority, established by Law No. 37 of 2014.
  18. 18ArbitrationArbitration is the preferred forum for substantial commercial disputes in Kuwait and across the Gulf.
  19. 19Competition LawCompetition in Kuwait is governed by the Competition Protection Law, Law No. 72 of 2020, and the resolutions issued under it by the Competition Protection Agency.

Services

  1. 01Litigation before all courts in KuwaitLitigation before all courts in Kuwait.
  2. 02Alternative Dispute ResolutionRepresenting clients in alternative dispute resolution: negotiation, mediation and arbitration.
  3. 03Debt Collection and EnforcementDebt collection and enforcement, from individuals and companies.
  4. 04Multilingual Legal ConsultationsWritten and oral legal consultations in multiple languages.
  5. 05Contract Drafting and ReviewDrafting and reviewing a vast array of contracts in multiple languages.
  6. 06Governance and Internal PoliciesGovernance and internal policies and regulations in accordance with national legislation.
  7. 07Life Cycle of CompaniesLife cycle of companies, from incorporation till dissolution.
  8. 08IP and Trademark RegistrationProtection and registration of IP and trademarks.
  9. 09Representation before Investigative AuthoritiesRepresentation before all investigative authorities.
  10. 10Business Legal ServicesA consultancy line: legal gap analysis, legal due diligence, legal risk analysis, corporate governance, legal risk management, and workshops for employees and departments.
  11. 11International Cooperation DepartmentOur international practice acts for clients whose interests extend beyond Kuwait, and for foreign law firms requiring Kuwaiti counsel.