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Showing posts with label dr khalid. Show all posts
Showing posts with label dr khalid. Show all posts

Sunday, June 5, 2016

A Suhoor Meal for the Ages

A Suhoor Meal for the Ages


Ramadan, Muslim’s holy month, officially begins June 6th after Saudi Arabia’s Supreme Court confirmed seeing the crescent moon. For Muslims around the world, this marks a month of fasting, an increase in prayer and charity.  It is a time when Muslims try to elevate their self-discipline.
    Ramadan is among the most special times for practicing Muslims.  As we prepare for Ramadan, we see stores selling dates (traditionally an important part of Islamic tradition during Ramadan) and other specialty foods traditional eaten during this month. It is a joyous time that we Muslims look forward to all year long.
    It was with this jovial mindset that I set out to host a Suhoor gathering on the third day of Ramadan. I was keen to gather not only family, friends but our firm's VIP businessmen and women for this special “pre-dawn” meal and it will be a night none will soon forget. This unprecedented assembly of the community's most successful individuals will make for a most memorable Suhoor experience.
 I am excited to say that after receiving RSVPs from invitations sent out several weeks ago, Alnowaiser Law Firm will welcome VIPs from around the globe, the most prominent businessmen and women in the area, government officials as well as several diplomats to the prestigious and glamorous Leylaty Ballroom. One of the most luxurious spaces in all of Jeddah. The menu will be a combination of local and international dishes, tailor made by renowned French and international chefs. We set out to create an impeccable and elegant environment for my guests, which will distinguish this gathering in their minds for years to come. Ramadan being such a special time for social gatherings with friends, family and business associates, I wanted this Suhoor experience to be one for the ages.
    During Ramadan, the predominant practice is fasting from dawn until sunset. 1.8 billion Muslims around the world will partake in this practice as a time for inner reflection and contemplation. It is a time to increase our devotion to God. We fast and sacrifice food during the daylight hours to remind us of those who are less fortunate and so that we might be encouraged to be charitable. The pre-dawn meal before the fast is called the Suhoor
    I can’t wait to share the photos and video from this extraordinary event with you and I want to wish you all a most holy Ramadan.
Sincerely,
Dr. Khalid Alnowaiser

Monday, August 13, 2012

Saudi attorney calls for new antitrust law


Dr.Khalid Alnowaiser
RIYADH: ARAB NEWS
Monday 13 August 2012
Prominent Saudi attorney Khalid Alnowaiser has issued a call for a new antitrust law to eliminate business monopolies that stifle competition in the Kingdom.
Although the Saudi Competition Law, issued under the Royal Decree No. 25 on 04/05/1425 AH, is a positive development by addressing unfair competition, he says that it does not go far enough to challenge businesses that seek to monopolize markets and business transactions.
Alnowaiser points out that monopoly leads to unfair competition between companies and individuals, especially in light of the dominance of the large companies in vital and important productive sectors in the country, and thus creates negative effects on Saudi citizens and on the whole Saudi economy. He argues that the importance of competition prevents the formation of market domination by a company and promotes the principle of equality among competitors. Moreover, monopoly leads to several major social and economic disadvantages, such as unemployment, inflation, recession, lack of equal opportunities, trade and economic imbalances, and leads to negative effects on social justice, the spread of bribery, nepotism, fraud and rampant ills to the society, causing a sense of injustice and inequity among the society's classes. Thus, Alnowaiser believes it is high time for the government to enact an antitrust law to promote business competition in Saudi Arabia.
Such a law should promote competition so as to influence the public and attract customers to buy goods and services. If a competitor resorts to fraud or violates the law, whether intentionally or unintentionally, the competition would be deemed unfair.
For example, if a business seeks to keep goods priced below production costs in order to capture and dominate the market for such goods and then sells them for an exorbitant price when its competitors have been defeated, such a strategy would be a violation of the antitrust law.
Driving out one's competitors in order to monopolize a market does not promote competition and is antithetical to the goals of a progressive business environment.
A recent example occurred in the cement market. In spite of the decision issued by the Ministry of Commerce and Industry to set the maximum price of a cement bag at SR 14 to the final consumer, its price in some regions of the country reached SR 25. This situation was not caused by a shortage of cement but because of a monopoly by some production companies seeking to increase prices without justification. The result was to increase prices of ready-mixed concrete by 30 percent. The impact of this crisis on the construction sector was severe since contractors were relying on a low price and then found themselves obliged to purchase cement at much higher prices.
Another example involved steel production in which prices were artificially set at about SR 29,000 per ton, all because of the monopoly of one Saudi steel company that produces around 2.7 million tons per year. It was apparent that its price increase had little relation to the prevailing international price for steel.
There is no question that the Saudi steel industry is a monopoly as only one company specializes in it and no other competitors exist, despite the large demand for steel due to the mega development projects that are being implemented in the country. Such a situation certainly affects construction projects and may cause a delay in the establishment and execution of many projects in a timely manner. The Saudi market has been witnessing successive crises due to the high steel prices as a result of this monopoly.
Alnowaiser also pointed to the Saudi dairy industry, which has capital investments amounting to more than SR 13 billion. With dozens of plants around the country, the dairy market is actually managed by only two companies in terms of production volume. This industry represents a clear case of a "minority monopoly" as only one or at the most two companies control the supply and demand of dairy products and thus control the prices of this vital food product.
The Saudi construction sector is estimated at around SR 200 billion, with manpower of three million workers and its market is expected to exceed SR 1 trillion by 2015. Yet, the megaprojects are monopolized by no more than three limited companies. The result of such a monopoly is that several other construction companies are prevented from entering this sector of the Saudi economy, which harms the public interest and is inconsistent with the principle of social justice.
Alnowaiser concludes that it is time for the issuance of a law to address the problem of monopoly of both local and international companies alike, which is separate from the Saudi Competition Law. He suggests that transparency standards be enhanced, ensuring free competition in accordance with the provisions of the antitrust law and Shariah law. He believes this will promote integrity in all business transactions, activate control and supervision of local markets and their products, and raise awareness concerning the harmful effects of monopolies through conferences, seminars and workshops. He says that it is vital that the suggested law, in order to protect social peace and enforce justice, keeps pace with modern trade and business practices by imposing tough penalties on whoever seeks a monopoly to stifle market competition.

Changes to the Saudi Arbitration Law


Changes to the Saudi Arbitration Law

Arbitration News / 13 August 2012
Notice of Arbitration Case
According to the New Saudi Arbitration Law


The notice of an arbitration case is considered one of the most important measures to commence the proceeding by making the other party well aware of the case and that the arbitration panel has the right to review the case in preparation for the rendering of a definitive judgment.
Due to the importance of this subject, Article 6 of the new arbitration law, issued by the Royal Decree No. M/34 dated 24/05/1433 AH, corresponding to 16/04/2012 AD,raises the role of the arbitrators in determining the notice procedures, based on what the parties have previously agreed to or as specified in the new law.
When the parties have not agreed upon the "notice" procedures, the new arbitration law stipulates in the first paragraph of Article 6 that if there is no special agreement between the parties of the arbitration concerning the notices, the notice shall be delivered to the recipient in person or to his representative, or sent to his mailing address specified in the contract covered by the dispute, specified in the arbitration condition or in the document governing the relationship covered by the arbitration.
Unlike the old arbitration law, it should be noted that Article 6 of the new arbitration law does not specify the party assigned to send the notice of arbitration case. Under Article 8 of the old arbitration law, the clerk of the competent authority, who was appointed secretary of the arbitration panel, was assigned to send all notices and declarations to the parties. Since the new arbitration law does not contain language regulating this matter, it will be necessary to state the same in the executive by-law of the new arbitration law following its preparation, given the new law's significance in invoking the local and international arbitration being conducted through the competent authorities specified in the old law, namely the Saudi Chambers of Commerce and Industry, or through the arbitration centers set forth in the new law.
The second paragraph of Article 6 further specifies that if it is impossible to send the notice to the recipient as per paragraph (a), the delivery shall be considered fulfilled if done by a registered letter to the last known place of business or usual residence or to the mailing address known to the recipient. This procedure relates to arbitration case proceedings that are considered before the arbitration panel. As for notices regarding the invalidity of the arbitration judgment considered by the courts, they are subject to the third paragraph of Article 6 of the new arbitration law which states that the provisions of Article 6 are not to be applied on court notices regarding the invalidity of the arbitration judgment before the courts.
Thus, since the new arbitration system does not specify the data that should be contained in the notice sent to the recipient, the executive by-law of the new arbitration law must do so. Determination of such data may be guided by the Law of Procedure before Shari'ah Courts, Articles 14 to 23, or Article 12 of the executive by-law of the old arbitration law. One can hope that such data will be the same as set forth in the Law of Procedure before Shari'ah Courts.
The executive by-law of the new arbitration law should specify the data that must be contained in the notice of the arbitration case, namely the day, month, year and time of the notice; name, capacity, profession and address of the notifying party, along with the name of his attorney or representative; name, surname and profession of the recipient to be notified, as well as the signature and personal data of the recipient. The name of the notifying party or the name, capacity and signature of the person entrusted with the notice should be stated along with his signature on the original and all copies. The name and headquarters of the arbitration tribunal, as well as the subject of the procedure or notice to be communicated, should also be stated. Such data is essential in order to have binding legal affect upon the parties to the arbitration proceeding.
The notifying party must hand the notice to the notified party in person at his domicile or the domicile specified in the arbitration document or relevant contract before the arbitration panel. If the party being notified is absent or trying to evade receiving notification, the notice shall be handed to his legal representative, the person in charge of his business management, or whoever is related to him as set forth in the Law of Procedure before Sharia'ah Courts.
Based on the above, these procedures are related to the notice given to natural persons. For notice to persons outside Saudi Arabia, the law contains conditions that are somewhat different, but the new arbitration law does not specify these procedures, so hopefully they will be included in the executive by-law to be issued soon.
Dr. Khalid Alnowaiser FCIArb, Saudi Attorney and Chairman of the ICC Saudi Arbitration Committee. You may write him at KHALID@LFKAN.COM

Friday, May 27, 2011

Let’s stop blaming America


Let’s stop blaming America

By DR. KHALID ALNOWAISER | ARAB NEWS
We are still the prisoners of a culture of conspiracy and inferiority


I AM a proud and loyal Saudi citizen, but I am tired of hearing constant criticism from most Arabs of everything the United States does in its relations with other countries and how it responds to global crises. No nation is perfect, and certainly America has made its share of mistakes such as Vietnam, Cuba and Iraq. I am fully aware of what happened when the atomic bombs were dropped on Hiroshima and Nagasaki and the unprecedented abuses at Guantanamo and Abu Ghraib. However, what would we do if America simply disappeared from the face of the earth such as what happened to the Soviet Union and ancient superpowers like the Roman and Greek empires? These concerns keep me up day and night. It’s frustrating to hear this constant drumbeat of blame directed toward the United States for everything that is going wrong in the world. Who else do we think of to blame for our problems and failures? Do we take personal responsibility for the great issues that affect the security and prosperity of Arab countries? No, we look to America for leadership and then sit back and blame it when we don’t approve of the actions and solutions it proposes or takes.

For instance, if a dictator seizes and holds power such as Egypt’s Mubarak and Libya’s Qaddafi, fingers are pointed only at America for supporting these repressive leaders. If the people overthrow a dictator, fingers are pointed at America for not having done enough to support the protestors. If a nation fails to provide its people with minimum living standards, fingers are pointed at America. If a child dies in an African jungle, America is criticized for not providing necessary aid. If someone somewhere sneezes, fingers are pointed at America. Many other examples exist, too numerous to mention.

I am not pro-American nor am I anti-Arab, but I am worried that unless we wake up, the Arab world will never break out of this vicious and unproductive cycle of blaming America. We must face the truth: Sadly, we are still the prisoners of a culture of conspiracy and cultural inferiority. We have laid the blame on America for all our mistakes, for every failure, for every harm or damage we cause to ourselves. The US has become our scapegoat upon whom our aggression and failures can be placed. We accuse America of interfering in all our affairs and deciding our fate, although we know very well that this is not the case as no superpower can impose its will upon us and control every aspect of our lives. We must acknowledge that every nation, no matter how powerful, has its limitations.

Moreover, we conveniently forget that America’s role is one of national self-interest, not to act as a Mother Teresa. Every great nation throughout history has used its power and gained ascendancy in order to serve its own strategic interests. America is not just its foreign policy. We must not forget who promoted education and respected learning, who took on research as a way to discovery, who made the airplane that carries us to our destination and the luxurious car we want to own, who created the Internet and developed social media that has transformed the way we do business and interact with one another, who conducted the scientific research that has saved lives and treated cancer, renal failure, AIDS, malaria, poliomyelitis, and who discovered genetic engineering. When man walked on the Moon, it was an American. Who did Japan turn to for help after the devastating earthquake and tsunami? America that led and organized the international relief effort of the Red Cross. Who do people turn to for support when their leaders seek to brutalize them? Who organized NATO air cover and saved the Libyan city of Benghazi from certain destruction by Qaddafi’s brutal armed forces?

Anyone who is a student of history knows that America is simply doing what all other civilizations before it have done for thousands of years, which is to protect and further its own self-interest. The Greek civilization could not have lasted had it not served its own interests, and the same applies to the Persian, Roman, and Chinese civilizations. All of these civilizations put their own welfare before all others, and by doing so, they strived to achieve great things. The truth is that no nation can ever become great without understanding this reality. Indeed, the Islamic civilization has been through horrible and cruel phases. Hideous events that send goose bumps up one’s spine can be extracted from Islamic history, such as that of As-Saffah (The Shedder of Blood), founder of the Abbasid Caliphate, who took out the remains of the caliphs of Bani Umayyah, one after the other, but found nothing but the tip of a nose from the remains of Hisham Bin Abdul Malak. He took him out and whipped him. He then crucified and burned him and sprinkled his ashes in the wind, without mercy, oblivious to any religious or moral restraints.

There are many other similar examples. But does this mean that Islam is unholy? Of course not. Does this imply that Islamic civilization only had Saffahs? Absolutely not. Islamic civilization has given the world brilliant examples in the areas of art and education and promoted a culture of forgiveness, peace and love. However, today, we as people, not Islam, are in desperate need of an intellectual earthquake, a cultural tsunami to get us back on track, to revive Islam’s cultural intellect and combat our undeniable inferiority complex.

The Holy Qur’an states Allah will not change the condition of a people until they change what is in themselves. He has the power to change them, but He prefers that they change with their own will power which He respects.

What we are seeing now in the Arab streets is a new hope and a step forward to change what is in ourselves. I remain very optimistic because we have now begun to realize that simply blaming the United States for our problems will not help us progress toward great personal freedoms. Our enemy is not America but an inferiority complex from which I am sure the Arab world with its rich culture and history will eventually recover.

— Dr. Khalid Alnowaiser is a columnist and a Saudi attorney with offices in Riyadh and Jeddah. He can be reached at: Khalid@lfkan.com and/or Twitter (kalnowaiser).