< Previous40 June 2025law-middleeast.com INTERVIEW Kirkland & Ellis partner James Clark explains that local expertise, project management, and 360-degree vision are essential for navigating Saudi Arabia's multi-billion developments SAUDI ARABIA’S GIGA-PROJECTS AND THE EVOLVING ROLE OF CONSTRUCTION LAWYERS The Kingdom of Saudi Arabia (KSA) is developing at an unprecedented scale, driven by an ambitious vision to diversify its economy and reduce its reliance on oil. This monumental eff ort, epitomised by giga- projects such as NEOM, Qiddiya, and the Red Sea Project, require highly specialised lawyers, who can engage in every aspect of project delivery. For James Clark, a Riyadh-based partner leading the global construction practice at Kirkland & Ellis, the world’s biggest law fi rm by revenue, this presents unparalleled opportunities. "If you want to be the best construction lawyer in the world at the moment, you have to be in Saudi Arabia," he says. "The pipeline, together with the scale, the complexity, and the commitment to delivering those projects does not exist anywhere else in the world right now and won't for a period of time." Riyadh, in particular, is emerging as "the global centre of construction project development," according to Clark, who relocated from Abu Dhabi to Riyadh in October 2023 to establish the fi rm’s global construction practice. The practice has been going for just over a year and already they have received major cross-border mandates. “One of the reasons why it is so exciting to be involved in these projects is that they are not just building an asset, they are building economies, cities, and communities, which require master planning, allowing us to strategise for delivery and integrate value across the entire project,” says Clark. “Every time you go to visit a client, the project is diff erent to the last time you were there, because the rate of delivery is incredible.” “Everything we do in the construction and projects space is tangible in a way that very few 2023 The year James Clark established Kirkland & Ellis’ construction practice By Aishah Hussain Photography by Ajith Narendra LME_Jun2025_40-41_Interview_13627234.indd 40LME_Jun2025_40-41_Interview_13627234.indd 4013/06/2025 09:0413/06/2025 09:04June 2025 41law-middleeast.com INTERVIEW white-collar jobs are,” he continues. “I have been really fortunate to work in Australia, Asia, Europe, and the Middle East, and the projects you are involved in help change people's lives.” THE ROLE OF LAWYERS In the realm of construction, the role of lawyers extends far beyond traditional legal counsel. "You are not just a lawyer; you are a project manager," says Clark, who has been involved in some of the world’s most complex construction projects, including most recently a $4 billion ammonia plant in Louisiana. “It is a hands-on, practical area of law demanding 360-degree vision." “We are service providers,” he continues. “We are sometimes the smartest people in the room, but we are never the most important people in the room. We are there to serve and the pinnacle of what we do is client service.” Being an all-rounder is nowhere near as true in any other fi eld as it is in construction law, he says. Beyond legal knowledge, construction lawyers need to understand the technical aspects of what is being built, funding sources, key drivers, and how to optimise risk allocation given the fi nancial and operational realities. "You have a GC or a CEO looking at you and saying, ‘we have come to you because we want to do this incredibly ambitious project', and so you are not just providing legal advice, you are advising on the entire project, from operation through to execution, commissioning, testing, operating, and handover—you own the project, and it is fantastic." This deep involvement means collaboration is key. "I can never do them alone,” says Clark, who advises developers and lenders on the delivery of major projects. “You will always need specialists from other areas." KEY TRENDS Clark observes a pivot towards digital infrastructure development in global construction projects. “The drive for cities to become smarter and more effi cient is universal,” he says. “The development of regulations, not just in Saudi Arabia but around the world, in terms of data sovereignty makes that particularly complex and unique.” Saudi Arabia's giga-projects are unique because they are not simply upgrading existing infrastructure. Instead, they are If you want to be the best construction lawyer in the world at the moment, you have to be in Saudi Arabia building entirely new smart cities from scratch, backed by a clear vision and billions of dollars. “Digital infrastructure was not a word fi ve years ago,” Clark asserts. “Now you are starting on a ten-year construction project wanting it to be the smartest in this space.” Looking ahead, Clark anticipates an uptick in disputes as projects progress—a consequence of their sheer volume. This will come hand in hand with the regulatory frameworks established since 2019 which he says will be interpreted and tested for the fi rst time, along with the institutions implementing them. “As a construction lawyer, you do not fi nd the mistake fi ve minutes after you make it. You do not get the clean pass that you have made no mistakes ever, as you could be called to testify years down the line,” he says. “Everything you do in project structuring and delivery should have a view on the fi nal composed piece, and disputes arise when you have gaps between pieces.” BUILDING A CONSTRUCTION PRACTICE For law fi rms looking to build construction practices in KSA, Clark advises a thorough grounding in local rules, regulations, and requirements. “People often come with an assured knowledge that, because this is how they did it in, say, the UAE, it will be the same out here, but that is not always the case,” he says. “Be aware of local requirements, and do not assume they will be the same as elsewhere. This is especially the case for projects with a huge degree of importance and a huge dollar fi gure based on them being successful.” LME_Jun2025_40-41_Interview_13627234.indd 41LME_Jun2025_40-41_Interview_13627234.indd 4112/06/2025 13:1312/06/2025 13:1342 June 2025law-middleeast.com CAREERS Afridi & Angell partner Masood Afridi refl ects on his career and deal highlights By Masood Afridi, partner at Afridi & Angell Life as a projects and infrastructure lawyer is not typically synonymous with remarkable anecdotes or adventures. I have focused on this fi eld since 1993 when I fi rst started working on Independent Power Producers (IPPs) in Pakistan, and I have continued to focus my practice primarily around projects ever since. My journey has led me through an evolving landscape starting with fossil fuels and culminating with cleaner energy such as renewables. As part of this trajectory, I now fi nd myself in the middle of carbon generation projects, including the largest blue carbon project in the world. While there may be plenty of anecdotes associated with changes in government and policy, I have deliberately elected to keep the politics of policy out of this brief account. I trust you can imagine the adventures associated with a hostile change in government, which often exposes all stakeholders and advisors to the rigours of strong-arm tactics where freedom is at stake and your integrity is tested to its limit. I would, instead, mention one of my early projects, which I found to be of particular interest and perhaps worth a mention. This was the fi rst ever hydel IPP situated in Pakistan, and more precisely in Kashmir. I found this project to be of particular interest as we had to collectively develop an off take agreement which could provide the framework for renewable power reliant entirely upon the forces of nature. We had to allocate and price the hydrological risk associated with a run- Never tell a client what cannot be done—fi nd a way to achieve the right outcome in the best possible way PATIENCE, PERSEVERANCE AND PAKISTAN’S FIRST HYDEL IPP—MY LIFE AS A PROJECT FINANCE LAWYER LME_Jun2025_42-43_Careers_13627649.indd 42LME_Jun2025_42-43_Careers_13627649.indd 4211/06/2025 12:4511/06/2025 12:45June 2025 43law-middleeast.com CAREERS of-the river project, downstream of a major dam. One of many anecdotes being farmers who were concerned about “electricity being extracted from water”, thereby diminishing its potency for irrigation purposes. Suffi ce to say that it was a learning curve for all of us. Within a period of two years, we had the commercial terms agreed for a long- term off take arrangement, thereby setting a template for all others to follow. This was priceless, as Pakistan was blessed with an abundance of natural hydel resources and burdened with a substantial foreign currency defi cit associated with the import of fuel stock required to supply thermal power plants. As we marched forward to secure funding for a project which we believed to be a ‘poster child’ for any development fi nance institution, we hit a massive road block. The lenders asked, “what is Kashmir?” I trust you can imagine the diffi culty in defi ning this territory in the context of the dispute regarding its status. To cut a very long story short, it took us 13 years to resolve this conundrum and fi nance the project. We had to change laws both within Pakistan and “Kashmir” and enter into bilateral tax treaties and other back-to- back arrangements, to satisfy the credit risks associated with the project. We started this process with one bank and ended up with a combination of the Asian Development Bank (ADB), International Finance Corporation (IFC), Proparco, and the Islamic Development Bank (IDB)—the latter in its fi rst ever private sector IPP project. Afridi & Angell partner Masood Afridi Today, there are a multitude of similar projects under development, leveraging on all of the work we had done between 1995 and 2008. This was an interesting chapter for Pakistan and for my career, and I am proud to have been a part of this process. I am grateful as my career as a projects and private equity lawyer has resulted in extensive travel all over the world. I have met with many interesting people who have inspired me and taught me much about work and life. Never a dull moment, from the start of my career as an attorney at Sidley Austin in New York, to my journey through Pakistan, where I set up Afridi & Angell’s Pakistan practice, and grew it from a one lawyer operation to one of the largest fi rms in the country at the time. I am delighted to be back in Dubai, where I grew up as a child all the way through high school. My fundamental approach has always been to give your very best in any given situation and to never hold back. Be bold and your best will always be appreciated and rewarded. Finally, never tell a client what cannot be done—fi nd a way to achieve the right outcome in the best possible way. LME_Jun2025_42-43_Careers_13627649.indd 43LME_Jun2025_42-43_Careers_13627649.indd 4311/06/2025 12:4611/06/2025 12:4644 June 2025law-middleeast.com IN-HOUSE As global attention turns to the Kingdom following President Trump's visit, Saudi Arabia takes another bold step to accelerate its economic transformation and attract international investment SAUDI ARABIA IMPLEMENTS NEW REGULATION TO BOOST FOREIGN INVESTMENT In yet another sign of Saudi Arabia’s eff orts to deliver economic growth, Riyadh Air, the Kingdom’s new national carrier, recently announced plans to launch passenger fl ights by the end of 2025. Riyadh Air aspires to compete with global giants such as Emirates and Qatar Airways, aiming to connect to the top 100 destinations worldwide by 2030. The move signals Saudi Arabia’s ambition to become a key global aviation and logistics hub, reinforcing the Kingdom’s broader Vision 2030 goals. In parallel, the Saudi government continues to intensify eff orts to diversify the economy and stimulate foreign direct investment (FDI). As part of these initiatives, a new Investment Law became eff ective in February 2025, and is now followed by the issuance of Implementing Regulations by the Ministry of Investment of Saudi Arabia (MISA), published in the Offi cial Gazette on April 25, 2025. These regulatory developments aim to liberalise the investment environment, enhance transparency, and provide greater legal certainty to foreign investors, aligning Saudi Arabia’s legal framework with international standards. Saudi Arabia seeks to triple FDI infl ows by 2030 to approximately $100 billion. To achieve this, MISA conducted a comprehensive study of international best practices; benchmarking against countries such as Germany, Indonesia, Singapore, Turkey, the UAE, and the US with the aim of identifying methods to improve the investment climate and regulatory framework. The new Implementing Regulations provide detailed guidance to operationalise the Investment Law’s reforms. It clarifi es eligibility requirements, licensing processes, and compliance obligations, while emphasising a pro-business approach to regulatory supervision. MISA plays a pivotal role in this transformation. Here are the key changes introduced by the new Investment Law and its Implementing Regulations: Licensing reforms: Licensing requirements have now been lifted and replaced with a simplifi ed registration process in which MISA facilitates quicker establishment for foreign businesses. Foreign investment in excluded activities: MISA has identifi ed activities that are restricted or excluded based on national security requirements. Investment in these areas will be restricted and MISA will include these activities in its new Investor Manual. It is anticipated that these activities will be updated from time to time and investors may apply to carry on such activities as stipulated under Article 16 of the Implementing Regulations. Such application will be reviewed by a dedicated committee within MISA to determine whether or not approval will be granted. $100B Saudi Arabia seeks to triple FDI by 2030 to approximately $100 billion President Trump with Saudi Arabia's Crown Prince Mohammed bin Salman Al Saud By Matteo Grassani, general counsel at Zahid Group and Hassan Zawawi, partner at AlZawawi Law Firm LME_Jun2025_44-45_In-House IR_13627882.indd 44LME_Jun2025_44-45_In-House IR_13627882.indd 4413/06/2025 09:0513/06/2025 09:05June 2025 45law-middleeast.com IN-HOUSE National register of investors: MISA will establish a national register to record and manage information related to investors and their activities. This register will be regularly updated and maintained with strict confi dentiality. National treatment: Foreign investors are now entitled to the same treatment as Saudi investors across most sectors, promoting competitive equality. Enhanced investor protections: Clear safeguards have been introduced against expropriation without adequate compensation. Investors are entitled to transfer profi ts, proceeds, and capital in and out of the Kingdom without undue delay. Protection of intellectual property: The regulation strengthens protections for investors’ intellectual property rights and trade secrets. Dispute resolution: In line with the new Companies Law which gave enhanced statutory protections to shareholders’ agreements and the right of choosing alternative methods of dispute resolution, the new Investment Law reaffi rms this concept that investors have the right to resolve disputes through arbitration, mediation, or reconciliation, or through competent Saudi courts, in accordance with international best practices. Grievance mechanisms and penalties: The Implementing Regulations sets up a new detailed process for investors to make These regulatory developments aim to liberalise the investment environment, enhance transparency, and provide greater legal certainty to foreign investors, aligning Saudi Arabia’s legal framework with international standards AlZawawi Law Firm partner Hassan Zawawi Zahid Group general counsel Matteo Grassani complaints to MISA and affi rms that complaints made do not deteriorate from the investors’ rights to challenge MISA decisions before the competent courts. However, it should also be noted that penalties for violations of the Investment Law can reach up to SAR 300,000 for any one fi ne and may be increased for repeat violators. Sectoral liberalisation: Foreign ownership restrictions have been eased in sectors such as education, healthcare, and logistics, opening broader opportunities for international investors. Finally, Saudi Arabia’s eff orts also aim to address the recent 19% decline in recorded FDI infl ows compared to the previous year. This downturn was attributed to lower global liquidity and tighter monetary conditions impacting investment fl ows worldwide. Nevertheless, Saudi Arabia remains committed to its Vision 2030 goals, to achieve the FDI target by 2030, and to increase the private sector’s contribution to GDP from 40% to 65%. With the implementation of the new Investment Law and Implementing Regulations, Saudi Arabia signals its continued commitment and readiness to navigate global challenges, attract international investors, and continue building a competitive, diversifi ed, and sustainable economy, backed by strong government support and a clear long-term vision for growth. LME_Jun2025_44-45_In-House IR_13627882.indd 45LME_Jun2025_44-45_In-House IR_13627882.indd 4504/06/2025 17:1004/06/2025 17:1046 June 2025law-middleeast.com IN-HOUSE Dubai GC Shahab Ahmed reveals his strategy for building a high-performing legal team where every player knows their role GENERAL COUNSEL: THINK LIKE A SPORTS COACH, NOT A LAWYER Let’s be honest—tech companies live and die by their teams. Unlike airlines, manufacturing, or oil rigs, we do not have tangible assets like planes or assembly lines. What we do have are smart people, big ideas, and the ability to turn those ideas into reality faster than competitors. So, if you are in charge of building a legal and corporate aff airs team, you are about to play one of the most strategic roles in the company. No pressure. THINK LIKE A COACH, NOT A LAWYER Building a legal team is not about staffi ng the department with a bunch of compliance robots. It is about creating a high-performing sports team where every player knows their role and executes it fl awlessly. Your job is to make sure the off ense and defense work together without tripping over each other. OFFENSIVE PLAYERS MAKE BUSINESS- SAVVY LAWYERS These are your playmakers—the ones who work directly with marketing, sales, product, and corporate teams. They are charismatic, adaptable, and can talk business lingo like they have an MBA on the side. You need them to be fearless, willing to take calculated risks, and capable of making judgement calls on the fl y. If you want to make them even better then bring them into high-stakes business meetings and industry conferences. The more they understand the company’s goals, the better they will be at fi nding legal solutions. DEFENSIVE PLAYERS ARE COMPLIANCE AND RISK GURUS Let’s face it—some things in legal are just not overly exciting. Financial regulations, anti-corruption laws, SEC fi lings—someone has got to do it. These are your risk managers, your regulatory watchdogs, the people who make sure you do not wake up to an SEC investigation. But here is the trick: do not let them take over. If they had their way, your company would never take a single step without three months of paperwork. Instead, listen to about 30% of what they say (the part that actually aligns with your real risk profi le) and politely ignore the rest. Balance is key. THE STRATEGIC ROLE OF SUPPORT STAFF Paralegals and operations staff are the unsung heroes who keep everything moving. They know the business inside and out, track Service Level Agreements (SLAs), handle daily operations, and make sure the legal team is not drowning in chaos. Knowing when to deploy each team member will determine whether your company scales smoothly or gets stuck in legal quicksand The Binary Holdings group general counsel Shahab Ahmed LME_Jun2025_46-47_In-house_13630229.indd 46LME_Jun2025_46-47_In-house_13630229.indd 4604/06/2025 17:1304/06/2025 17:13June 2025 47law-middleeast.com IN-HOUSE Pro tip: Have your lead paralegal report directly to you. They will keep things running smoother than most junior lawyers, mainly because they do not overcomplicate everything. Give them real responsibility; for example, involve them in procurement contracts and commercial agreements—and watch them thrive. PUBLIC POLICY AND REGULATORY AFFAIRS ARE FORWARD SCOUTS Not every company invests in a policy team, but if you are scaling fast, you should. Governments love to throw regulatory curveballs, and you do not want to be caught off guard. Whether it is privacy laws, fi ntech regulations, or government procurement opportunities, having someone with strong industry connections can be a game-changer. If you cannot aff ord an in-house team, join an industry association. It is a cost- eff ective way to stay ahead of regulatory trends, build relationships with policymakers, and avoid any last-minute compliance fi re drills. YOUR ROLE: THE ULTIMATE PLAYMAKER As the GC, you are not just managing lawyers— you are orchestrating a strategic advantage. Sometimes, you are an off ensive coordinator, pushing business deals through the fi nish line. Other times, you are a defensive coach, shutting down risks before they explode. And occasionally, you just need to call a timeout before things get out of hand. Launching a new product? Lean on your off ensive and policy teams. Expanding into a highly regulated market? Time to bring in the compliance squad but ignore 70% of what they say. Running into bureaucratic hurdles? That is where your policy folks shine and open doors. Knowing when to deploy each team member will determine whether your company scales smoothly or gets stuck in legal quicksand. THE BOTTOM LINE A great legal team does not just protect the company—it accelerates growth. Get the right mix of talent, use them strategically, and always remember: you are here to enable the business, not slow it down. Now go build a team that wins. LME_Jun2025_46-47_In-house_13630229.indd 47LME_Jun2025_46-47_In-house_13630229.indd 4704/06/2025 17:1304/06/2025 17:1348 June 2025law-middleeast.com COMMENT By Masood Afridi, partner at Afridi & Angell Across the Middle East, the legal profession is undergoing a quiet but powerful transformation. At its heart lies, quite rightly, the recognition that gender diversity is a prerequisite for a robust, fair, and forward-looking legal system. In the UAE, government-backed reforms that promote gender parity in government entities and policies to place the country at the top of gender equality rankings have seen the evolution of many positive pathways for women in law. The University of London’s longstanding commitment to widening access to high- quality legal education has found strong synergy with the UAE’s national agenda. Our partnership with the University of Dubai College of Law exemplifi es this shared ambition: to foster a new generation of legal professionals, with women’s participation at the core. SUPPORTING THE UAE’S PROGRESS IN LEGAL GENDER INCLUSION The UAE has made strong progress in boosting women’s role in the legal profession. In 2021, the Dubai International Financial Centre (DIFC) Courts appointed its fi rst female Emirati common law judge. Meanwhile, government directives to ensure women’s inclusion on corporate boards are echoed in legal institutions, encouraging female leadership within law fi rms, courts, and regulatory bodies. This momentum is catalysed by policy decisions, institutional partnerships, and a sustained focus on inclusive education—all areas where international universities can play a pivotal role. THE POWER OF PARTNERSHIPS As a university that pioneered international distance and fl exible education, the University of London has a global mission: to continue EDUCATION PARTNERSHIPS ARE KEY TO ENHANCING GENDER EQUITY IN THE LEGAL SECTOR The Middle East's legal sector is undergoing transformation, with international universities playing a pivotal role in developing pathways for women in law By Alistair Jarvis CBE, pro vice-chancellor (partnerships and governance) at University of London LME_Jun2025_48-49_Comment - Alistar_13628077.indd 48LME_Jun2025_48-49_Comment - Alistar_13628077.indd 4804/06/2025 17:1404/06/2025 17:14June 2025 49law-middleeast.com COMMENT to break down the barriers of access to higher education, wherever they exist. In 1878 we were the fi rst UK university to award degrees to women. And our collaborations, including with the University of Dubai College of Law, demonstrate how transnational education can help build legal capacity while embedding diversity as a central value. Such partnerships support national priorities by enabling students—particularly women—to access globally recognised legal qualifi cations without leaving their home country or compromising cultural and family responsibilities. This fl exibility is critical for aspiring female professionals, who might otherwise be deterred by the costs, logistics or challenges associated with studying abroad. Through co-delivered programmes and other initiatives, our ties with the University of Dubai ensures students receive legal training aligned with both UAE legal frameworks and international standards. In a globalised legal landscape, cross-border understanding is increasingly valuable. EMBEDDING EQUITY INTO THE PIPELINE Diversity does not begin at the point of qualifi cation; it must be embedded at every stage of the legal education pipeline from schools’ outreach to postgraduate research. Education partnerships that prioritise gender inclusion take a proactive approach, off ering targeted scholarships for women, supporting female faculty development, and building mentorship structures that guide women through academic and professional transitions. At the University of London, we are committed to expanding access through our global scholarship schemes and inclusion-focused governance. By combining this ethos with local partners who have a deep understanding of the cultural and legal context of the UAE, we can help shape an equitable legal ecosystem from the ground up. A RIPPLE EFFECT FOR REGIONAL REFORM The infl uence of these initiatives extends beyond the lecture hall. Empowering women in law has a multiplying eff ect: enabling more equitable legislation, promoting gender- sensitive jurisprudence, and shifting societal norms around leadership. When legal systems refl ect the diversity of the populations they University of London pro vice-chancellor Alistair Jarvis CBE serve, they gain not only credibility but also eff ectiveness. In the UAE, the impact is already visible. Women serve in prominent legal roles, from judges to prosecutors to legal counsel in big fi rms. As female representation continues to grow, it upholds the UAE’s determination to be a regional leader in progressive legal reform. LOOKING AHEAD I believe that our role as an educational institute is to support and champion this progress—education is such a powerful lever to transform society for the better. In the UAE, the University of London’s 1,500 alumni and students represent our long-standing ties to the region. The University of London is actively working to strengthen its regional partnerships, which are key to supporting eff orts in widening access to education and gender diversity in the legal sector. Empowering women in law has a multiplying eff ect: enabling more equitable legislation, promoting gender-sensitive jurisprudence, and shifting societal norms around leadership 2021 The year the DIFC Courts appointed its first female Emirati common law judge LME_Jun2025_48-49_Comment - Alistar_13628077.indd 49LME_Jun2025_48-49_Comment - Alistar_13628077.indd 4904/06/2025 17:1504/06/2025 17:15Next >