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The Law Firm of

JASON HUF INTERNATIONAL, pc

"Exploring the Boundaries
 
of Your Business." 

______________________________

NEW YORK

11 Broadway, Suite 615
New York, New York
USA  10004
+1 (917) 775-0198 (p)
+1 (646) 395-1725 (f)

______________________________

JEDDAH

Khalil Khazindar Law Firm
in Association with
JASON HUF INTERNATIONAL pc
Ammar Commercial Center

Al Murjan Street (off of King Abdul Aziz Street), Office # 202
P.O. Box 157,  Jeddah  21411
Kingdom of Saudi Arabia
+966 (2) 4204763 (p)
+966 (2) 4204729 (f)
www.khazindarlaw.com
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info@huflaw.com

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  • Eid Al Adha, Labor Day & Observance of the Anniversary of September 11

    JHI wishes our many friends in the Muslim world a happy Eid Al Adha holiday. To those able to perform Hajj rites, congratulations.  We would also like to advise clients and friends who do not observe this holiday to expect delays in certain services due to office closures - particularly banks and government offices - throughout the Middle East region during the holiday, which is scheduled to begin at sundown on Friday, September 1, 2017.
    In the United States, to all those who labor, have a happy Labor Day weekend. JHI will keep its doors closed until Tuesday, September 5. In the case of urgent matters, Mr. Huf will be available remotely during the weekend, including Monday, September 4.

    JHI ordinarily issues bills for professional services rendered during the previous month on the first business day of the following month. However, for only the second time in the Firm's history thus far, we will issue August's invoices on the second business day of the month (in this instance, September 5).

    Liberty Tower - World Trade Center (WTC), NYC, NY, USA   [ Never Forget:  Liberty ALWAYS Rises ]

    Per Firm custom, at 5:00pm on Thursday, September 7, JHI's NYC HQ will close again, this time in observance of the anniversary of the September 11th terrorist attacks on our country. We will reopen our doors on Tuesday, September 12.
    On September 11, we honor and remember those loved ones and fellow countrymen lost to sudden and senseless evil. But, there is never a day wherein we forget.

    The best way to honor them, especially in New York - the greatest city in the world, is to LIVE (in every sense of the word). To that end, coming soon, we will publish Mr. Huf's report on a productive and enjoyable summer (well, really, a very good year thus far it seems) as part of our Work-Life Balance series. This will be followed by a note on the famously "tax-free" United Arab Emirates' imposition of a tax scheme, including a Value Added Tax and certain Excise Taxes. We also plan, in the very near future, to introduce JHI's new Youtube channel; and, provide on update on EB-5 (Investor) Visas & legal services related to applications for such.

    Mr. Huf at Madain Saleh, Hijaz, Saudi Arabia  (Another day at the office... Exploring the Boundaries of Your Business)

    Watch this space. In the meantime, whatever you are celebrating and/ or observing over the next two weeks as summer comes to a close, we hope that it is meaningful and that you and your families enjoy it.
  • Big Firm Resources Without the Massive Overhead

    By R. Jason Huf

    Some of you may have obtained entry to the "Monastery" (as I've taken to calling my office) as and when business has required. However, for most of those reading this, I realize that I'm letting you in on a little secret: the advertised address of JHI's NYC HQ office is just a mail stop associated with a shared space & services operation on the 6th floor of good old 11 Broadway.  To maintain my strict "No Pop-Ins" Policy, the exact location of the Firm Headquarters Office/ Monastery's actual physical presence is kept confidential, and that confidence is only breached when necessary.

    Being able to advertise the mail stop as the office address, and the convenience of renting conference room space by the hour on the 6th floor, both enable me to concentrate on my work with minimal interruption.  In addition to this "buffer", availing myself of the shared services when certain tasks need to be performed rather efficiently assists me with keeping costs down, which in turn contributes to my ability to maintaining hourly rates that are very competitive.

    The World is Yours (As an old boss of mine used to say, "This is not the Fish Market"; but, with our competitive rates and innovative price structures, there may not be much need for you to bargain when seeking high-quality, world-class International Legal Services that your company can afford)


    Perhaps most fundamentally to those of you (still) reading this piece, JHI can make available to your company the seamless provision of professional services spanning just about the entire legal prism, without having to figure massive overhead costs into our hourly rates (or more innovative billing arrangements). The outfit that runs the 6th floor operation only caters to attorneys, and many of these attorneys elect to house their firms and solo practices in physical office space on the site. Irrespective of the level of their arrangement, all who participate in some form or another are listed in a directory and, over time, some of us get to know each other reasonably well.

    These attorneys practice in virtually every area of the law, and possess a variety of experience levels. In short, I have at my fingertips a storehouse of legal minds to draw upon, from commercial real estate specialists, to business litigators, to tax professionals - even a very smart fellow who focuses on energy trading. And, like myself, they tend to maintain a relatively unburdensome level of overhead costs, which in turn, permits them to be reasonable with their fees as well.

    A few people still tend to think of my practice as rather narrow, until I dispell them of that illusion - JHI is a Commercial, Corporate, Energy & Banking law firm and we perform a wide range of services for clients hailing from a broad variety of industries.  We just happen to have extensive experience in the Middle East, which may occassionally give rise to some folks instinctively thinking of JHI as a boutique servicing a particular "specialty" area.  However, JHI's capabilities are even broader than I previously reasoned:

    Between the NYC HQ, our Jeddah, Saudi Arabia Office, additional reources in the UAE (Abu Dhabi & Dubai) and access to Singapore and various major cities in India, JHI as a Brand is known as a capable provider of professional services in the Middle East and South Asia, ranging from company formation to arbitration, for those who have invested - or are looking to invest - in those regions in the world.

    What JHI is not (yet) necessarily known for is our ability to assist businesses based in the Middle East and elsewhere with their expansion into the US "mega-market". Whether you are an individual foreign investor entering through the EB-5 Visa process, or a family-owned conglomerate of businesses looking to invest in US real estate, or a publicly traded company in Riyadh entering a joint venture, or a participant in the new US public-private partnerships designed to reform the nation's infrastructure, JHI is well-placed to help get you started as well as protect your US-side business interests down the road.

    We have access to an entire network of intellectual assets encompassing a variety of practice areas ordinarily comanded only by big law firms, without having to factor "big firm" overhead into our fees. So, when investing from West to East, or East to West, consider the cost-effective but powerful option of contacting JHI for your legal needs.

    Feel the difference and put our NYC HQ and affiliated Community of Attorneys to work for you in concert with our Jeddah office and/ or resources in the UAE, India & Singapore (wherever you're from!) as we help you and your company Explore the Boundaries of Your Business.

     – Jason Huf
    Wednesday, August 8, 2017
    New York, NY

  • Happy Memorial Day & Ramadan Mubarak

    In the United States, we set aside one day to remember those who have fallen in war, defending our freedoms.  But, there isn't a single day wherein we forget.  We hope that you and yours enjoy the holiday weekend, and that we all take a little time to say a prayer of rememberance and gratitude for our fallen heroes and their families this Memorial Day.

    We all die, the only variables are where, when and how - and, sometimes, why.  They may be gone, but our war dead are never lost.  These soldiers, sailors, airmen & marines are forever in our hearts.

    To all of our friends around the world who observe the Holy Month of Ramadan, we at JHI hope that you and your families enjoy a meaningful period of dedication to fasting, reflection and prayer during this period of tremendous changes throughout the Middle East.  May your loved ones take this holiday as an opportunity grow closer to each other, your neighbors, the less fortunate and the whole of humanity.

    We wish you good health in the year ahead.  Ramadan Mubarak!
  • Huf Witnesses Major Changes at the UN

    During 2016, Mr. Huf had the opportunity to meet with both the Secretary-General of the United Nations (UN) and the President of the UN General Assembly for the 2015-16 term.  As a Representative (Observer) to the UN on behalf of the New York County Lawyers' Association (NYCLA), a recognized Non-Governmental Organization (NGO), Mr. Huf took a keen interest in what they had to say.

    HE Ban Ki-Moon, UN Secretary-General; and Jason Huf (JHI)
    (Left to Right: H.E. Ban Ki-moon, Secretary-General of the United Nations; and, Jason Huf)

    Nearing the end of his second term, UN Secretary-General Ban Ki-moon has been very earnest in showcasing and attempting to make effective his crowning accomplishment: the UN Sustainable Development Treaty (the Treaty), which garnered a record number of member states joining as signatories.

    In April, the Secretary-General reached out to the private sector, in particular the US Legal Community in New York City, to see what they could do to help promote and ensure the success of the UN's Sustainable Development Goals (SDGs), which are embodied in the Treaty (for more on the SDGs specifically, we invite you to peruse www.un.org).

    While the underlying purpose of the SDGs is noble (after all, who doesn't like clean air & water, equal rights, rule of law and the like), as lawyers we are limited to providing our corporate clients with legal advice, not business or public relations advice.  We can only advise our clients on how to be compliant with the laws and regulations of the relevant jurisdiction(s).  If a client were to invest in, say, Saudi Arabia (KSA) in such a manner that it promotes gender equality in that market, it may be a terrific selling point - but, that's a PR decision, not a legal requirement.

    We will discuss gender equality and other relevant issues in the KSA when providing JHI's write-up on Mr. Huf's attendance at and observations of the week-long "Riyadh Day" presentations at the UN.  As to the promotion and enforcement of the SDG's, it really is up to the signatories to pass executing legislation before attorneys can advise on how to comply with such provisions.   And let's face it, only government can concentrate the resources and power necessary to execute such sweeping and extensive changes.

    The odds of that happening really have to be measured on a state-by-state basis.  As to the Western states, Mr. Huf points out that in politics there is an ebb and flow, with a pendulum that swings right and left, and the present trend appears to be one wherein Western countries are electing more conservative, business-friendly governments.  If Mr. Huf is correct, then issues such as combating "climate change", for example, will (for the time being at least) take a back seat to pro-energy policies that are likely to be adopted by such governments.

    Irrespective of what one thinks of the feasibility of accomplishing the SDGs by the target date of 2030, no one should doubt the Secretary-General's sincerity in wanting these goals to be accomplished, or what he views as the UN's power to shepherd such change.  Mr. Huf found His Excellency's sincerity, passion and enthusiasm to be obvious in that he wears it on his sleeve.  He also thinks it obvious that the Secretary-General is highly intelligent, exceedingly accomplished, and a very nice man.

    Its a remarkable life story, really. From UN Refugee to UN Secretary-General:  finding himself to be a UN refugee at age 6 with the outbreak of the Korean War, to becoming an advocate for lasting peace as the Republic of Korea's (South Korea's) Foreign Minister, to being Secretary-General of the international body that once shielded him and his family as young refugee, he proudly says "I am a UN Boy".

    Mogens Lykketoft (Denmark) & Jason Huf (JHI)
    (Left to Right: Morgens Lykketoft (Denmark), then-President of the United Nations General Assembly; and, Jason Huf)

    On the subject of choosing his successor as Secretary-General, Mr. Huf had the pleasure of meeting Mr. Morgens Lykketoft, formerly the Finance Minister of Denmark who, until this September, served as President of the UN General Assembly.

    Mr. Lykketoft provided an overview of changes to the selection process.  Perhaps the most fundamental innovation is the vetting of candidates by member states that occurs prior to the vote taken by the Security Council members.

    Whereas in past years the entire process of selecting a Secretary-General was dominated by the "Big Five" (the permanent Security Council members: the United States, Russia, China, the United Kingdom & France), candidates for their consideration are now first reviewed, narrowed down and subsequently voted upon by the General Assembly. 

    The Security Council is not bound by any recommendation made or preference expressed by the General Assembly; however, to elect a candidate that was not considered favorably by the General Assembly would be to risk a divide between the Secretariat (the executive wing and permanent bureaucracy of the UN, which the Secretary-General heads) and the member states themselves (upon which the very legitimacy of the UN relies).

    On the other hand, this increased, more hands-on role by the member states and the General Assembly as a whole could provide for greater transparency in the selection process and, when heeded by the Security Council, may lead to greater consensus between the General Assemby and Secretariat.

    This year, the revised process produced the election of Antonio Guterres, former Prime Minister of Portugal who once served as the UN High Commissioner for Refugees.  He will take over the office of Secretary-General in January of 2017.

    In addition to achieving the SDG's, Mr. Guterres's efforts are promised to be focused on continued reform of the UN bureaucracy; continued streamlining, expansion and enhancement of refugee assistance; and, very prominently, an aggressive new "surge" in diplomacy for peace - an intensification in seeking resolution to the wide proliferation of conflicts around the world, especially those conflicts that have led to several severe refugee crises currently plaguing humankind globally.

    JHI congratulates Mr. Guterres on his election after a months-long campaign that included a rigorous review process resulting in consensus in both the General Assembly and (somewhat remarkably) the Security Council as well; and, cautions: careful what you wish for, sir - because now you've got it.

    The retiring Secretary-General Ban Ki-moon, even after all of his success in his position at an institution he has loved and revered since childhood, nonetheless seems very happy to return home to Seoul after 10 rewarding - but long - years.  JHI congratulates him as well, and thanks him for his service.  We hope His Excellency enjoys a well-earned retirement after a long, but safe, journey home. 
  • Meh, So What's an Entire Summer Wasted... No Biggie

    By R. Jason Huf

    You know why you went to law school in the first place:  You wanted to help people, change the world, "make a difference", be part of the solution... to whatever.  Yeah, and you wanted to live a glorious, fabulous lifestyle at the top of the heap, respected by society and basking in financial comfort.  What, no?  Liar.

    When you finally graduated and passed the bar exam, your new professional qualification represented to you - at long last - the Keys to the Kingdom!

    Lawyer Attorney Lifestyle


    OK, so how's that workin' out for ya?

    Now that I'm exactly one week into my latest attempt to quit smoking, and as the cold wind howls off the waters of the South Seaport and into the concrete canyons of Downtown Manhattan's Financial District, signaling the evaporation of yet another summer, I reasoned that penning my previously-promised piece on Work/ Life Balance would be timely.

    Liberty Cold Wet Windy Winter Sucks   (The cold wind cometh... )

    You've devoted the first "better" half of your life to developing, well, a better life for you and yours.

    Late nights at the office during the beginning of your career - part of the drill.  No biggie.

    More late nights managing junior fee earners once you become more seasoned - part of the drill, and "almost there".  No biggie.

    You're now a partner or solo practitioner and the near-constant focus is on client development; or a GC who is a company's responsible officer with a hand in everything from strategic decisions to managing the costs of outside counsel while demonstrating value for those costs; "sigh" - part of the drill, once the rain comes in steady, or I make it to the board of directors, its smooth sailing.  No biggie.

    Then...  You've made it!  Finally!!  You're also 60 years old.  Its over...  Where did the time go and what was it for?  It doesn't matter.  Bye-bye.  Oh yeah, and:  No Biggie.

    My Office Doesn't Look Like This, Either   (No, my office doesn't look like this, either... )

    Time is the one resource we can never obtain more of - only less.  Every day.  Whether we actually make good (or, any) use of it or not.

    And, particularly with lawyers, once we become good at something in our field - whatever your practice areas - those things tend to become routine.  Eventually, routine becomes routine.  We go through the motions, the excitement of "changing the world" goes away, and its the same old same old that one cannot get away from for even the smallest amount of time, because we've got to do that billable work so we can pay those bills.  Joy.


    Bread and Butter Work   ("Seriously, I went to law school for this?")

    I worked for years to build my reputation as "Mr. Middle East".  However, there are no more revolutionary Shari'ah-compliant financing products to help invent, no more reforms to educational systems in different parts of Arabia.  Doing client work that, in some small way, may someday help to generate a broad-based, self-sustaining middle class in the Middle East is more or less over with.  Moving forward, whatever happens there is pretty much already in the cards.  All too often, I arrive home at 1:00am or so, pet my dog, and think of something along the lines of "Another fast food franchise on Hamdan Street... " or "Another oil refinery in the middle of some dusty nowhere... "  followed by the usual  "Yay.  Who cares."


    Jason Huf Saudi ARabiaJason Huf Abu Dhabi Stock ExchangeJason Huf PortraitJason Huf & Women's Rights in Saudi ArabiaJason Huf & Women's Rights in Saudi ArabiaJason Huf & Saudi Vision 2030

    That's not good.  A steady supply of "Bread and Butter" is nice to have, but when its all you have, things can get pretty damned dull.  When we get to the point when our work day is up to 16 or even 20 hours a day some days, 5 or 6 days per week, and we no longer care about what we're doing, much less have a passion for it, then this invariably leads to the most dreaded word in the legal lexicon.  The "B Word"...

    Dan Fielding Burnout Lawyers Attorneys Lifestyle ork Life Balance   BURNOUT!!!

    Like many in our profession, I've always been something of a minor league insomniac, so why not work late into the night, anyway?  I've done some of my best thinking at 10:00pm.  Of course, this means I won't be able to decompress to the point where I can sleep until 3:00am, and that's not good when you have to wake up at 6:00am.

    Professional and personal dissatisfaction, as well as chronic exhaustion and "no life syndrome", are common among lawyers.  And, there's no way out:  you've already invested too much into your career, and your life (or, mere existence, such as it may be) is already half over anyway.

    Not necessarily!  The good news is, if you're good at your job, your success partially stems from your possession of excellent time management skills and your adept ability to prioritize tasks.  Put those skills to work and carve out some free time - make "having a life" one of those tasks which you prioritize on a regular (well OK - semi-regular) basis.


    Rest Recreation Time Management  (R&R - fit in in!)

    We are in the business of being effective counselors who help our clients, be they individual or corporate clients.  If you're not being good to yourself, its only a matter of time before you're not being as good as you could and should be for your clients.

    I began this summer thinking it was time for "Mr. Middle East" to make full use of his time and status (OK, "Mr. Middle East" may not be lofty to the point of august, but it is kind of snazzy... ).  And, then, I proceeded to more or less waste my entire summer.  So, what's one summer?  No biggie....  Wrong.  Its a "biggie".  Given my visceral dislike of winter, its effectively the waste of an entire year. Enjoying anything in the cold, wet, sharp, biting wind of the winter months takes considerable effort - and, anything that requires so much effort to "enjoy" is, definitionally, unenjoyable.

    At my age, a year's worth of waste is waste I can ill-afford.  I will never permit that to happen again - and, neither should you.

    Necessary late nights will happen.  That cannot be helped.  But, working late for the mere sake of making "valuable" use of your waking hours misses the real value of time.

    You - and your clients - can withstand you taking an evening, or even an entire day, off.  Working from home once in a while isn't the end of the world, either.  Trimming that commute time off of your schedule can make a heck of a difference, and technology makes working from home easier than ever.

    In managing your time and prioritizing your tasks to make room for an actual "life", don't just take advantage of good weather as and when the seasons of the year allow, but make the most of the location where you are based:  whether you've planted your flag in New York, Philadelphia, London, Jeddah, Abu Dhabi, Tampa, Florida or Ashville, North Carolina, you live in one of the great cities of the world - make the most of it.  Its practically a sin if you don't!

    In New York, where I chose to locate JHI's HQ, I am a subway ride from some of the most exciting entertainment on earth, and walking distance from several quick, pleasant distractions.

    Lawyer Attorney Lifestyle Work Life Balance   (The World-Famous ROCKETTES!!)

    Whether its taking a few hours one evening to enjoy the spectacle of the world's greatest precision dance troupe at work, or a stroll through battery park after your afternoon nap, a brief refresher could actually increase the quality or your work while not severly limiting the amount of time available for work.

    In addition to a bit of exercise, a proper diet doesn't hurt, either...

    Taking an obscenely long lunch at a comfortable, but not too over-priced, local eatery may be just the ticket when looking for R&R opportunities that will make your thoughts sharper, more clear and faster but more thorough.  You won't be able to send your client the bill, but perhaps you should given the subsequent improvement in your performance that results from taking a nice, relaxing breather...


    Lawyer Attorney Lifestyle Work Life Balance ("I wonder if they still serve those off-menu parmesean fries... ")

    You can also combine business with pleasure.  For example, in line with my loathing for winter, during the bitter months of January and/ or February, I am considering taking a tour of the Middle East and South Asia where the weather will be perfect at that time of year, to visit the Jeddah, KSA office as well as possible expansion points for JHI in the jurisdictions/ markets of the United Arab Emirates (Abu Dhabi & Dubai), Singapore and India. 

    Well, I gotta go - I've always wanted to date a Rockette and that's not going to happen by itself, nor will I be able to make it happen while sitting within the four walls of my office.

    For now, remember: being good to others first requires that you be good to yourself.  Although its easier said than done, "Don't Live to Work, Work to Live" - get back to living the life you intended to live when you started this journey.  It comes down to good time management and shrewd prioritization.  If you have run out of professional challenges, perhaps find one or two new challenges in your travels.  And, there is one more thing that anyone can do, everyone should do more often, it doesn't cost you anything or require additional time, and if you do it more often, it can make a world of difference:

    Lawyer Attorney Lifestyle Work Life Balance SMILE!        SMILE !!


    - Jason Huf
    Tuesday, October 11, 2016
    New York, NY
  • Observance of September 11 & Eid Al Adha Greetings

    This is one day of the year all of us set aside for remembering, but there is never a day when we forget.

    As with dates officially deemed "National Holidays", JHI's New York HQ Office - per annual Firm tradition - will be closed for business this Monday, September 12, in observance of the 15th anniversary of September 11, 2001.

    Just as JHI is proud to perform work that may make some small contribution to what, some day, may be the development of a broad, self-sustaining middle class in the Middle East, JHI is honored to be a witness to the resurgence of downtown Manhattan.  The Financial District's magnificent comeback is best symbolized by our neighboring Liberty Tower:


    Liberty Tower September 11 Never Forget Always Win Victory USA

    September 11 will be a day of remembrance and reflection for us all.  JHI will resume offering high-quality professional services on Tuesday, September 13.

    JHI also wishes our many friends in the Muslim world a happy Eid Al Adha holiday.  We would also like to advise clients and friends who do not observe this holiday to expect delays in certain services due to office closures - particularly banks and government offices - throughout the Middle East region during the holiday, which is scheduled to begin at sundown on Sunday, September 11.
  • Ramadan Mubarak

    To all of our friends around the world who observe the Holy Month, we at JHI hope that you and your families enjoy a meaningful period of dedication to fasting, reflection and prayer during these historically challenging times.  May your loved ones take this holiday as an opportunity grow closer to each other, your neighbors, the less fortunate and the whole of humanity.

    We wish you good health in the year ahead.  Ramadan Mubarak!

    Sunset, Abu Dhabi, Corniche, Ramadan, Holy Month
  • Bankruptcy Protection -- in the UAE... ???

    In a somewhat pioneering step, the United Arab Emirates (UAE) is close to finalizing an Insolvency Law modeled after Chapter 11 of the United States Bankruptcy Law.

    The devil will be in the details, but here is what we've heard thus far:

    Under the supervision of a UAE court, a distressed company that successfully files for such protection will be able to restructure its debt with outstanding creditors;

    The law may include some degree of decriminalization of issuing dishonored, or "bounced", checks (cheques, for our British friends); and,

    The overarching goal of this legislation is to improve the business environment by removing (or, at least, mitigating) some of the uncertainty of risk that may arise when investing in a country which may be rich with disposable income, but which is still "developing" - where the economy, laws and political system are still rapidly evolving.

    Dubai, UAE, Emirates, Arab, Bankruptcy, Insolvency, Law, Business, Commercial, Corporate, Firm, Chapter 11

    The extent to which such protections would be available to companies with some element of foreign ownership remains unclear.  However, if it is well done, this new Insolvency Law could prove to be a significant long-term development for the economy of the UAE, and (perhaps) the Gulf Cooperation Council region more generally.

    With the election of a new Federal National Council, one might anticipate final passage of the new Insolvency Law soon.  Perhaps.  Inshallah.  More to come...

    UAE, Arab, Emirates, Dubai, Abu Dhabi, GCC, Gulf, Bankruptcy, Insolvency, Development, Economy, Law, Legal, Firm, Company, Business, Commercial, Corporate, Banking, New York, NYC

  • Happy Eid Al Adha

    JHI wishes our many friends in the Muslim world a happy Eid Al Adha holiday.  We would also like to advise clients and friends who do not observe this holiday to expect delays in certain services due to office closures - particularly banks and government offices - throughout the Middle East region during the holiday, which is scheduled to begin on the evening of Wednesday, September 23.
  • Exploring the Boundaries of My Own Business

    By R. Jason Huf

    When the Saudi government decided to ramp up the production of light, sweet crude oil and crash the price of it world-wide, the first thing most people in the United States (quite rightly) noticed was the sharp decline in the price of gasoline.  It’s the best break working people in America have enjoyed in a long time, and has generated economic growth that no artificial government “stimulus” program can ever hope to match.

    Middle East practitioners like myself, on the other hand, immediately understood two things:  1. the increase in production was designed to dampen the profitability of energy projects, particularly by oil & gas producers in the United States – which, in turn, helps to continue to make the maintenance of stability in Saudi Arabia a priority for Western countries and their oil-dependent economies; and, 2. it was a direct attack against the cohesiveness of the Kingdom’s arch-enemy, Iran, and some of its anti-Western allies such as Venezuela and, particularly, Russia (all three countries having economic models with price floors for oil that are unsustainable in the current environment).

    Iran's desperate economic situation notwithstanding, they have lashed out and struck back on a variety of levels and are emboldened by recent victories in Yemen, Iraq and Vienna.  Iran is increasingly aggressive in the region, and Saudi Arabia is feeling ever distant from the United States.  As to the fear of a regional arms race stemming from the unabated existence of the Iranian nuclear arms program, such an arms race is already underway.

    Keenly aware that the balance of power in the Middle East continues to swing in favor of Iran and that the United States is decreasingly interested in serving as the region's chief guarantor of security in the region, the Arab states may feel that they are in a desperate situation themselves.  Let us not forget, that the despicable and barbaric terrorist organization ISIS/ ISIL was originally cobbled together with the support of Turkey and Qatar to serve as a hyper-radicalized Sunni buffer against encroaching Shia (Iranian) power.  The Saudi move to create an oil supply glut and the joint Saudi/ Egyptian military operations against Iranian clients in Yemen seem, thus far, insufficient to halt Iranian momentum.

    If the present trend continues, a direct region-wide conflict between Saudi Arabia, Egypt, Jordan, et al vs. Iran and Syria seems more likely, not less.

    We live in an era when asymmetrical warefare that utilizes non-uniformed combatants targeting civilians to engender fear and instability so as to achieve a political or otherwise socially relevant end (e.g., "terrorism") has become a regular feature, turning cities well behind the lines of a given conflict into battlefields themselves.  What do you do when you are a business that has invested in a region wherein the situation has become so uncertain?

    Well, that depends on the industry you are in, how much risk you (and your insurance providers) are willing to absorb, and what kind of talent you think you can attract to work in such an environment.

    As for myself, I remain committed to my relationship with Jeddah.  The Jeddah office consists of local personnel, I have spent years developing my practice, and I have never been one to simply throw away the fruits of my own hard work.  At present, my inclination is to stay the course.

    In fact, having considered this contingency for some time, I am currently leaning toward expansion, rather than withdrawal.  I feel it may soon become time to further live up to my firm's catch phrase - and, follow my natural instincts - and explore.

    JHI, Jason Huf, KSA, Saudi, Arabia, Jeddah, Medain Saleh   Whereas some firms may be examining their options on executing an exit strategy, I am exploring the possibility of expanding into new jurisdictions and expanding the range of assistance I can provide to Western companies that remain in the region.

    As an attorney, your practice is client-driven.  Some companies will stay, some will leave and new businesses will enter one or more Gulf Cooperation Council markets.  There will continue to be a need for Western legal expertise working hand-in-hand with local practitioners throughout the region.

    Perhaps more fundamentally, I am proud of the work I have done over the years.  From assisting with Shari-ah-compliant finance to education reform, I have been a small piece of a small piece in the jigsaw puzzle of helping to foster an environment wherein one may someday see a broad-based, self-sustaining middle class in the Middle East.

    This sense of accomplishment will be foremost on my mind as I look toward Exploring the Boundaries of My Own Business...


    – Jason Huf
    Friday, July 10, 2015
    New York, NY
  • Ramadan Mubarak

    To all of our friends around the world who observe the Holy Month, we at JHI hope that you and your families enjoy, and gain real value from, the meaningful aspects of an entire month dedicated to fasting, reflection and prayer - especially during these somewhat unsettled times.  May your loved ones take this holiday as an opportunity grow closer to each other, and humanity generally.  We wish you good health in the year ahead.

    JHI, Jason Huf, Middle East, Law Firm, International, Holiday, New York, NYC, Jeddah, KSA Saudi Arabia, Gulf, GCC, Legal, Commercial, Corporate, Banking, Holiday, Ramadan, Mubarak


    Ramadan Mubarak!

    - Jason Huf
  • Arbitration Clauses in Multi-National Agreements

    Arbitration clauses are often heavily negotiated and complex enough to be referred to as “a contract within the contract”.  The reasons for this are obvious (even to us transactional practitioners).  The exact terms of a dispute resolution clause can have far-reaching consequences.

    One of the goals in crafting such a clause is to mitigate the irreconcilability of disputes as they arise by putting your client in the best possible position in the event of a scenario that triggers termination and subsequent arbitration.  Naturally, both sides have this in mind during negotiations.  But, what happens in jurisdictions where the enforceability of arbitration clauses may be considered by some, fairly or unfairly, to be a somewhat unsettled question?

    Until recently, while the Kingdom of Saudi Arabia (or, KSA) has been a member to the New York Convention (on the enforcement of arbitral awards), this did not always lead one to predict with certainty that a Saudi court would recognize the validity of the arbitration clause in your agreement with a local party and direct that party to resort to arbitration, as per your agreement.  In the past, senior judicial officials and other legal professionals in Saudi Arabia have on occasion issued public pronouncements that arbitration clauses are contrary to Shari’ah and are therefore invalid, and should not be enforced by Saudi courts.

    That is to say, in Saudi Arabia you may have had the right to enforce an arbitral award granted by a tribunal (keeping in mind the difficulty some may experience in attempting actual collection in the Kingdom), but such public pronouncements may have lead some to wonder if you could successfully assert that the underlying dispute be entered into arbitration in the first place (in the KSA), depending on whether or not the judge in the Saudi court deciding the question deemed your particular arbitration clause (or, arbitration clauses generally) to be appropriate under, or contrary to, Shari'ah.

    Today, some are hopeful that the passage of the KSA's new Arbitration Law of 2012 (
    based on the UNCITRAL Model Arbitration Law) to supplant the KSA Arbitration Law of 1983, and the creation of judicial training centers and the subsequent appointment of judges to serve in a new commercial court system in the KSA, will lead to greater clarity on the subject of the enforcement of arbitration clauses.  As with any legal reform, time will tell.

    In the neighboring United Arab Emirates (UAE), the considerations differ.  The validity of the arbitration clause, the formation of the contact, and the nature of the relationship between the parties themselves are just a few of the considerations that a court could measure in weighing the enforceability of a given arbitration clause.

    Any Emirati national (individual or corporate) has the right to avail itself of the protection and justice of the courts of the UAE.  In the past, this may have prompted some local parties in the UAE to move that a local court should assert jurisdiction, despite the existence of an arbitration clause.  It should be said, however, that in the UAE (a commercial hub in the Gulf region that has become famous for the "City of Dreams", Dubai, and increasingly the "Green Emirate" of Abu Dhabi), such motions should rely on more than this basic right if a party wishes to succeed in its attempt to escape arbitration under a valid clause.

    Following certain provisions of the UAE (federal) Civil Code, judges in local courts should hold that validly written arbitration clauses are enforceable, except when there exist particular circumstances.  For example, in disputes arising from registered commercial agency agreements a judge may deem an otherwise valid arbitration clause unenforceable and declare it void on the grounds that clauses calling for alternative dispute resolution (or, ADR) in such contracts are contrary to, or inconsistent with, "Public Policy".  (Please note: the commonly used, colloquial term "sponsorship agreement" is much broader and could refer to several different types of business relationships in the UAE; whereas, "registered commercial agency agreements" refers to a specific type of business relationship, which must also be properly registered with the relevant government office in accordance with both the law and the terms stipulated in the agreement itself.)

    So, what do you do when doing business internationally, and some of your relationships are with parties in the Middle East?

    Negotiate an arbitration clause.

    And, retain an experienced attorney with local knowledge (preferably one with a presence in the specific jurisdiction in question: the laws of Middle Eastern jurisdictions, like the laws of countries in other regions of the world, are subject to change).

    If the local party with which your company is doing business has attachable assets outside of the Middle East in a country where collections may be deemed less frustrating, that can be a plus.  But, as with just about everything else, there is no substitute for experience -- and solid, relevant legal experience may be one of your best assets at the negotiating table.

  • Its Fracking Summertime

    Between the July 4 weekend and other summer holidays, high summer in the Middle East, the holy month of Ramadan, and some sort of soccer tournament, we find ourselves in the unusual position of having a little free time here at JHI.

    As such, watch THIS SPACE:  In the coming weeks, JHI will post a brief article right here in our Notes & Comments section on Hydraulic Fracturing (colloquially referred to as “Fracking”).

    Following Labor Day, JHI will publish a brief note on contracting with parties in Middle Eastern jurisdictions (in particular, Saudi Arabia (KSA) and the United Arab Emirates(UAE)); and, in a subsequent writing, JHI will share some thoughts on Arbitration Clauses when doing business internationally.

    And, while there tends not to be many developments in the law anywhere in world during these summer months, JHI will continue to keep our eyes peeling concerning such developments as and when they affect Marcellus Shale Natural Gas, Charter Schools, Municipalities, Middle Eastern jurisdictions (particularly Gulf Cooperation Council jurisdictions), the law of Contracts, the laws of New York, New Jersey, Pennsylvania, the UAE (Abu Dhabi and Dubai) and the KSA, and business law generally.

    In the meantime, we would just like to wish all concerned a safe and happy summertime!
  • Ramadan Mubarak

    To all of our friends around the world who observe the Holy Month, we at JHI hope that you and your families enjoy and gain value from the meaningful aspects of an entire month dedicated to prayer and fasting.  May your loved ones grow closer to each other, and humanity generally, during this time.  We wish you good health in the year ahead.

    Ramadan Mubarak!

    - Jason Huf
  • Judicial Reform in Saudi Arabia

    The government of the Kingdom of Saudi Arabia (KSA) recently announced its intention to establish training centers for judges.  Such training centers will be administered by the KSA Ministry of Justice.  This comes on the heels of King Abdullah's creation of 5,000 new judgeships in the KSA, and is accompanied by vocal opposition from the Kingdom's more traditional, conservative quarters.

    For years, the commercial community in the KSA (both local and foreign) has expressed a need for greater transparency in Saudi courts.  Procedurally and substantively, a perceived lack of predictability has resulted in a chilling effect on commerce in the KSA.

    Arbitration clauses in contracts are of uncertain enforceability in the KSA, as senior judicial officials have, in the past, deemed such clauses to be "contrary to Shari'ah".  Accordingly, irrespective of any arbitration clause in any business arrangement entered into, in the event of an irresolvable conflict between the parties one could reasonably expect such a dispute to be adjudicated before a Saudi court.


    The uncertain enforceability of arbitration clauses and perceived unpredictability of the courts have combined to generate something of a chilling effect on investment in the KSA.  Meanwhile, Gulf Cooperation Council (GCC) provisions that call for entities native to any GCC Member State to be treated as a local company by the governments of each of the other Member States
    have added to the investment boom in smaller Gulf countries such as Qatar and the United Arab Emirates: some companies enter those jurisdictions in the hope that, at some point, they might be able to access the much larger Saudi market without completely exposing their investment (or, their employees) to the Saudi legal system.

    It is hoped by many in the commercial community that the addition of 5,000 new judges, uniformly trained in the enforcement of commercial and corporate law, will improve the overall business environment in the KSA by generating a greater sense of transparency and predictability in the courts.

    The details are as yet unknown; and, conservative elements who view laws and their interpretation as coming from God, not precedent, statute or human beings generally, still have opportunities to oppose the establishment and effective administration of such training centers.
      JHI will continue to track such developments as they arise.

  • News for the New Year

    JHI's New York HQ office is up and running for 2014 following the Holiday Season (and a burst of inclement weather).  As we return from our Holiday, the United Arab Emirates has announced the observance of a Holiday of their own:

    Government offices, banks and private enterprises will be closed for business on Sunday, January 12, 2014 in celebration of the birthday of the Prophet Mohammed.  This should not impact international business to any great degree, as Sunday is not a workday in most other parts of the world as it is in the UAE and other GCC states.

    We look forward to working on an exciting array of projects this year, and Mr. Huf plans to travel frequently throughout the Commonwealth of Pennsylvania on business related to the booming Marcellus Shale natural gas industry.

    Speaking of travel, it is that time of the year when Mr. Huf begins booking public speaking appearances.  Your next conference or guest lecture series will be discussed for the remainder of the year - Mr. Huf really is that dynamic and compelling.  Contact JHI today to discuss subject matters he addresses and to schedule a date.  Your next event will be a winner!

    JHI hopes your 2014 is as interesting and prosperous as ours.  Happy New Year!
  • Practical Consideration of the UAE Companies Law of 2013

    The new UAE Companies Law of 2013 (the “Companies Law”) did not alter the minimum local ownership requirement of companies founded in the United Arab Emirates (“UAE”) and may subject Limited Liability Companies to some of the same (or, very similar) regulations under which Joint Stock Companies in the UAE operate.  This was met with disappointment by some current and prospective foreign investors and a yawn by others.  However, it is not the final word on available options for doing business in one of the fastest growing markets in the world.

    The upcoming Foreign Investment Law is still under discussion within the government and a draft is scheduled to be circulated later this year.  In the meantime potential foreign investors, and current investors looking to restructure their operations, can still avail themselves of the facilities provided by the various Free Zones that fall outside the scope of the Companies Law.

    By utilizing the appropriate Free Zone for incorporation, foreign investors can enjoy 100% ownership of their enterprise in the UAE while paying lower costs associated with corporate governance mandates and other regulatory compliance matters.  Long story short, JHI does not see the Companies Law as a serious impediment to a foreign investor’s goals and ambitions in the GCC region.

    Such investors should contact experienced legal counsel for a thorough description of their companies' options in the UAE and beyond.

  • Holidays Announced for Eid al-Fitr

    In every part of the world, official holidays can impact projected time frames important to your business.  Please follow the below link to see the latest announcement on the length of Eid al-Fitr holidays for the public and private sectors in the various GCC Member States, as reported by arabianbusiness.com:


    www.arabianbusiness.com/saudi-qatar-award-12-days-holiday-for-eid-512936.html