Legislative and Regulatory Contributions
Saif has contributed to the review and development of various laws, regulations and regulatory frameworks in Oman, including:
- The Commercial Companies Law for the Oman Chamber of Commerce and Industry;
- Capital Market Regulations and regulations concerning commercial companies for the Capital Market Authority;
- The Oman Labour Law for the Shura Council;
- Selected ministerial decisions in support of Oman Vision 2040;
- The Arbitration Rules of the Oman Commercial Arbitration Centre; and
- Sports regulations for the Oman Football Association.
Arbitration and Litigation
A snapshot of Saif's arbitration and litigation experience includes:
- Acted in complex, high-value and multi-party commercial disputes before the Omani courts, including contractual, banking, corporate, shareholder and enforcement disputes, with responsibility for developing litigation strategy, preparing substantive pleadings and conducting advocacy before the courts.
- Acted in complex corporate liquidation disputes, including proceedings concerning the validity and legal consequences of liquidation, creditors’ rights, enforcement against companies in liquidation, challenges arising from liquidation procedures, and the recovery and preservation of assets for creditors.
- Acted for clients seeking the recognition and enforcement of international arbitral awards pursuant to the New York Convention 1958 and applicable Omani laws.
- Acted for an Omani shipping and logistics entity in successfully defending an application to set aside an international arbitral award issued under the expedited procedure of the ICC Rules of Arbitration.
- Acted for a Kuwait-Omani joint venture entity in the defence of an ad hoc arbitration seated in Oman concerning the construction of a major retail development.
- Acted as Omani counsel for an Austrian company in an ICC arbitration seated in Switzerland concerning a dispute arising from a share purchase agreement and instructed a UK-based advocate in connection with the proceedings.
- Appeared as an advocate in numerous complex commercial and debt recovery disputes for local and international clients before the Primary Courts, Courts of Appeal and Supreme Court of Oman.
- Acted in substantial banking and financial disputes involving debt recovery, enforcement of securities and guarantees, challenges to enforcement proceedings and other complex issues arising from financing arrangements.
- Represented creditors in enforcement and liquidation-related proceedings, including disputes concerning the effect of liquidation on existing judgments and enforcement rights.
- Was appointed as an Omani law expert or advisor for foreign law firms in numerous international arbitration matters, both in Oman and abroad.
- Advised clients on arbitration agreements, jurisdictional issues, arbitral procedure, enforcement of awards and the interaction between arbitration proceedings and the Omani courts.
Corporate and Non-Contentious
Saif's corporate and non-contentious experience includes:
- Advised a Marubeni Corporation-led syndicate on the USD 73 million secured solar power project financing for Oman's first solar power project and the associated security package, including advising the sponsors on Omani law and regulatory issues.
- Acted as Omani counsel for international lenders in the project financing of a Liquid Petroleum Gas extraction plant and related pipeline infrastructure, LPG storage and jetty facilities in the Salalah Free Zone, Oman. The ultimate sponsor for the transaction was the Government of Oman. The facility was valued at approximately USD 640 million, and Saif's role included advising on regulatory compliance and other local law issues relating to the project.
- Conducted annual and extraordinary general meetings for a range of financial institutions and listed companies, including HSBC Bank Oman SAOG, Sohar International Bank, United Power Company and Saraya Bandar Jissah.
- Reviewed the articles of association of HSBC Bank Oman SAOG.
- Advised Bank Sohar on its proposed merger with Bank Dhofar in Oman, which would have created a merged entity with a market capitalisation of approximately USD 1.8 billion.
- Advised Alizz Islamic Bank on its proposed merger with Oman Arab Bank under the Oman Commercial Companies Law.
- Represented a Lebanese investment company in a prosecution concerning alleged unfair competition and breaches of the Commercial Companies Law.
- Participated in interview and assessment panels for candidates applying for legal positions within joint stock companies, evaluating candidates’ legal knowledge, practical experience, analytical skills and professional suitability for in-house legal roles.
Corporate and Regulatory Offences
Saif has substantial experience representing companies, directors and senior executives in criminal and regulatory investigations and proceedings, including:
- Defended one of the most senior executives of a major state-owned oil and gas company before the Omani criminal courts on charges relating to bribery and corruption.
- Defended a senior manager of a publicly listed banking institution on charges involving alleged violations of capital markets legislation and breach of confidentiality in connection with the purchase and sale of shares.
- Successfully defended a senior manager of a major construction company in proceedings brought by the Public Authority for Consumer Protection concerning alleged violations of the Consumer Protection Law and unfair competition.
- Represented a senior manager of a construction company during investigation meetings with the competent authorities and subsequently defended the manager against criminal charges before the Omani courts.
- Successfully defended the former Chief Executive Officer of a national airline before the Public Prosecution and during criminal proceedings concerning alleged neglect of duty offences under the Omani Penal Code.
- Represented employees of a foreign education provider in criminal proceedings concerning allegations of fabricated evidence made by an aggrieved candidate.
- Successfully defended a major bank in proceedings initiated by the Public Prosecution and a private company concerning alleged breach of trust under the Omani Penal Code.
Media and Public Legal Commentary
Saif regularly contributes to public discussion and legal awareness concerning legislative and regulatory developments in Oman.
- He has appeared on television and radio programmes to discuss newly enacted laws and regulations, explain and interpret their provisions, and provide practical legal commentary on their implications for businesses, institutions and individuals.
- His media contributions have covered developments in Omani legislation and matters of wider public and commercial importance, complementing his professional involvement in the review and development of laws and regulations.
