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Mohammed Salem

Mohammed Salem

Head of Disputes & Arbitration

Mohammed Salem began his legal career as a lawyer and legal counsel, and has extensive experience in complex legal matters, particularly in commercial law, litigation and arbitration.

After earning a higher diploma in law and membership of the Saudi Bar Association (SBA), Mohammed Bin Afeef began practicing law as a lawyer and legal counsel. He has extensive experience in handling complex legal matters, particularly in the commercial field, including some of the most complex commercial cases and a substantial number of high-profile matters, among them cases before the Supreme Court. He specializes in intellectual property, technology, and real estate and construction matters, as well as litigation, international commercial arbitration and administrative law.

Academic Profile

  • Higher Diploma in Law, Imam Mohammad Ibn Saud Islamic University
  • Bachelor's degree, King Abdulaziz University, College of Business Administration, Department of Law, Jeddah (2011)
  • Certificate in Saudi bankruptcy law, Bankruptcy Commission
  • Studied English at the University of California, Irvine

Experience

Commercial Matters

Mohammed has extensive commercial experience in Saudi Arabia, including forming companies of every type, drafting memoranda and articles of association in line with the latest companies regulations in force in the Kingdom, and registering companies with the Commercial Register. He is also distinguished by his experience in corporate governance and mergers and acquisitions: he drafted an acquisition agreement and managed the acquisition of a GCC-based factory, including the transfer of employees' rights and obligations to the new owner in accordance with the mechanism and controls set out in the agreement and with the Saudi Labor Law. Mohammed also has extensive experience in corporate structuring and in advising on the wide range of commercial transactions that companies require in their day-to-day operations in Saudi Arabia, taking into account the nature of the business and the commercial and legal risks involved.

Intellectual Property

Mohammed helps local and international clients rigorously protect their trademarks, copyrights, patents and designs, drawing on his broad knowledge and command of all intellectual property laws and regulations applicable in Saudi Arabia. He has advised a company specializing in aviation equipment on industrial designs and patents, and has registered a number of trademarks and industrial designs with the Saudi Authority for Intellectual Property (SAIP).

Legal Representation & Advocacy

Mohammed has argued a number of commercial, administrative, arbitration, labor and real estate cases. He has represented commercial entities, attending meetings and negotiations on their behalf; provided legal advice; prepared statements of claim and legal memoranda; drafted and reviewed contracts; and argued a number of customs, insurance and banking cases. In addition, as an investigator and public prosecutor before the competent courts, he investigated more than three thousand cases of various kinds in the investigation departments for economic crimes, public-office and financial offenses, and international cooperation requests, and he inspected and supervised the enforcement of numerous court judgments.

Contract Drafting

In contract drafting, Mohammed has extensive experience in contracts, negotiations, and the closing and documentation of transactions. This includes drafting a series of agreements for a government entity contracting with foreign companies, with a combined value exceeding SAR 180 million; he was a member of the team that negotiated with the foreign companies. He also co-drafted four agreements for the sale, purchase and brokerage of petroleum products between a Saudi company, an Emirati company and a state-owned company from another foreign country.

Technology

Mohammed is among the lawyers and legal counsel specializing in technology, media and telecommunications. His practice covers commercial technology transactions, including procurement, software licensing, consulting services and outsourcing; the technology and intellectual property aspects of commercial transactions; privacy and data protection; e-commerce; media and advertising; and telecommunications.

Real Estate & Construction

Mohammed has handled many complex real estate matters in Saudi Arabia and has advised some of the Kingdom's largest real estate development and contracting companies on major projects. He advised an investment company on long-term real estate investment, covering its investment in a portfolio of seven prime sea-view sites with a total value exceeding SAR 112 million. He also prepared a series of legal studies for a Korean company investing in Saudi Arabia in the acquisition and development of real estate for sale.

International Commercial Arbitration

In addition to his experience in civil and commercial litigation, Mohammed's practice covers international commercial arbitration and dispute resolution, as well as the recognition and enforcement of foreign judgments and arbitral awards. As a highly experienced arbitrator, he has sat on numerous cases under the auspices of leading international arbitral institutions.

Administrative Matters

Mohammed's experience in administrative litigation spans the full range of legal services in administrative cases of all kinds, whether for employees in administrative disputes or for investors, contractors and suppliers under business contracts with government entities in Saudi Arabia. This includes contracts with contractors on projects, bids and tenders issued by government entities and institutions; contracts with investors and entrepreneurs in privatization projects; public-private partnership (PPP) contracts; build-operate-transfer (BOT) contracts; contractor classification; government tenders and procurement; and state leasing and vacating of real estate, as well as follow-up on the enforcement of administrative judgments issued against government bodies.