Alert 04.20.26
Force Majeure: Legal and Business Implications
Key legal, regulatory and strategic considerations for navigating force majeure, hardship and supply chain disruption effectively under Saudi Law.
With deep experience across both Saudi Arabia and the United States, Khalid AlArfaj advises leading national and international clients on complex corporate and commercial legal matters.
Khalid’s practice spans mergers and acquisitions, joint ventures, corporate structuring and governance, restructurings, capital markets, private equity, and venture capital transactions. He regularly advises on IPOs and rights offerings in Saudi Arabia’s primary and parallel markets and supports startups in the drafting of key agreements, developing internal policies and negotiating with investors. Khalid also counsels clients on procurement matters under Saudi Arabia’s Tenders and Procurement Law, as well as on real estate and construction contracts, and compliance with foreign investment, corporate, commercial, and labor regulations.
He has substantial experience in the energy sector, particularly in nuclear and renewable energy. As the first lawyer to join Saudi Arabia’s Atomic Energy Team at King Abdullah City for Atomic and Renewable Energy, Khalid played a pivotal role in drafting the Saudi Nuclear Law and negotiating international nuclear cooperation agreements.
Khalid is fluent in both Arabic and English.
Representative Experience
- Advised Shanghai-based biopharmaceutical company Henlius in its strategic collaboration with AL-TIRYAQ AL-KHALAWI Medical Company (SVAX), a subsidiary of Saudi Arabia’s Fakeeh family business group. The two parties will establish joint ventures in Saudi Arabia to integrate Henlius’ leading capabilities in the research, development, and manufacturing of biologics with SVAX’s local expertise in registration, market access, and commercialization.
- Advised Snap Inc. in connection with its offices in Saudi Arabia, and on corporate and public policy and marketing deals in the Kingdom of Saudi Arabia.
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- Corporate and Finance
- Advising on public and private M&A, including advising Tronox Limited on the approximately USD $2 billion acquisition of the TiO2 business of the Saudi industrial giant Tasnee; advising a client on the acquisition of a financial company; and advising Al Ahlia Insurance Company on its merger with Gulf Union Cooperative Insurance Co.
- Advising a client on a SAR 20,625,000 Murabaha facility agreement.
- Advising on complex joint ventures including a joint venture between NYSE-listed multinational power management company Eaton and Saudi Arabian holding company Abunayyan Holding: and joint venture between NASDAQ-listed company Innospec and Saudi Arabian Global Technical Services Company Limited.
- Advising current Jersey company on its potential joint venture company in the Kingdom of Saudi Arabia.
- Advising current joint venture company, GESAT, between General Electric and Dussur.
- Advising a client on several construction contracts matters related to the Riyadh Metro Project.
- Incorporating several foreign-owned companies, such as NASDAQ-listed company Innospec Inc. and DevTech, and advising these international companies through long engagements with general legal, administrative and compliance matters in the Kingdom of Saudi Arabia.
- Advising local companies, including AlAjlan Riviera, TTP Creative Agency and BIM Ventures, through long engagements with general legal, administrative and compliance matters in the Kingdom of Saudi Arabia.
- Advising businesses on incorporation and corporate governance matters and on investment rounds, term sheets, subscription agreements and shareholders agreements.
- Advising major international companies on compliance with Islamic law and corporate, commercial and labor laws in Saudi Arabia, and on venture capital transactions.
- Advising e-commerce companies on compliance with Saudi laws and regulations.
- Advising tech startups on drafting agreements and policies, including subscribers’ agreements, suppliers’ agreements and privacy policies.
- Advising international clients on requests for proposals and tenders under the Saudi Arabian Tenders and Procurement Law and related matters.
- Capital Markets and Regulatory
- Advising Aseel Financial Company on obtaining Capital Market Authority (CMA) approval to undertake its fintech activity as a platform for distribution of real estate investment funds.
- Advising several clients on Investment Funds Regulation and Real Estate Funds Regulation.
- Advising Sa’ah Capital on compliance with CMA’s regulations and with general legal and administrative matters to undertake its fintech activity as a platform for distribution of investment funds.
- Advising clients on IPOs and rights offerings on Saudi Arabia’s main capital market (TASI) and drafting related due diligence reports, including: first approved Nayifat Finance Company IPO (SAR 1.215 billion), Tanmiah Food Company IPO (SAR 402 million), Saudi Cable Company rights offering (SAR 250 million), Tihama Holding rights offering (SAR 100 million) and others.
- Advising clients on their potential IPOs on Saudi Arabia’s parallel market (Nomu) after undertaking necessary legal due diligence and drafting related reports.
- Advising clients on their transfer from Nomu to TASI.
- Advising a public company listed on the TASI on its proposed capital increase through the acquisition of an asset.
- Assisting companies in Saudi Arabia to prepare them for a potential IPO through restructuring, compliance with capital market regulations, corporate regulations, corporate governance rules, and others.
- Advising government entities and private companies on energy projects, including reviewing the draft Saudi Nuclear Law, as well as Saudi Arabia's nuclear cooperation agreements.
- Disputes
- Advising the Committees for Resolution of Securities Disputes in civil, administrative and criminal cases.
- Representing clients in the Committees for Resolution of Securities Disputes.
- Representing various companies in the energy field, including Saudi Aramco, and advising on litigation and arbitration cases.
- Advising and representing a client in a large bankruptcy case in the Kingdom of Saudi Arabia.
- Advising and representing clients on major local and international cases.
Education
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J.D., Lewis & Clark College Northwestern School of Law
cum laudeLL.M., Indiana University Maurer School of Law
with honorsLL.M., The Higher Institute of Judiciary, Al-Imam Muhammad Ibn Saud Islamic University
LL.B., Al-Imam Mohammad Ibn Saud Islamic University
Admissions
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Saudi Arabia
New York
District of Columbia
Languages
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Arabic