Lawyers

Andreas Haberbeck

summary


Mr. Haberbeck has over 35 years of experience as a dispute resolution lawyer in the Kingdom of Saudi Arabia. He also has substantial transactional experience. Mr. Haberbeck is consistently top-ranked and recognized by leading international legal publications for many years as one of the leading disputes practitioners in the Kingdom of Saudi Arabia, including being consistently recognized in “Band 1” in Dispute Resolution by Chambers Global, being recognized as a member of the “Hall of Fame” by Legal 500 in both Dispute Resolution as well as Commercial, Corporate and M&A and being recognized as a “Highly Regarded” lawyer by IFLR1000. Following pupillage at 3 Essex Court (now 20 Essex Street), he joined Coward Chance (now Clifford Chance) in 1982 and was seconded to the firm’s then new associated Saudi Arabian office from 1983 to 1986. From 1986 until 1990 he worked in the London offices of Thomas Miller & Co, the managers of the UK P&I Club and the UK Defence Club, and for the City of London firm Richards Butler (now Reed Smith). In January 1991, Mr. Haberbeck joined the Law Office of Dr Mujahid Al-Sawwaf of Jeddah. In 1993 he joined Abbas F. Ghazzawi Law Firm of Jeddah, which in 2009 became Hatem Abbas Ghazzawi & Co and in February 2021 became Derayah LLPC.

Awards & Accolades

EDUCATION


  • 1979  University of London (School of Oriental and African Studies), Bachelor of Laws
  • 1980  University of London (University College), Master of Laws


ADMISSIONS AND QUALIFICATIONS 

     

  • 1981 Called to the Bar of England and Wales by Gray’s Inn
  • Registered as a Professional Affiliate, Saudi Bar Association


PUBLICATIONS AND SPEECHES


  • “Muslims, Custom and the Courts”, (1982) 24 Journal of the Indian Law Institute 132
  • (Co-author with Richard Price) “Arrest of Vessels in the States of the GCC” [1985] Lloyd’s Maritime and Commercial Law Quarterly 392
  • (Co-author with Walid El-Solh) “Saudi Arabia’s New Ship Registration Provisions”, Middle East Executive Reports, March 1986, 9
  • (Co-author with Richard Price and James Whelan) The Maritime Laws of the Arab Gulf Cooperation Council States (Graham & Trotman, London, 1986)
  • “Insurance under Saudi Arabian Law” [1986] Lloyd’s Maritime and Commercial Law Quarterly 246
  • “Risk Sharing in an Islamic Society” [1987] Arab Law Quarterly 138
  • (Co-author with Mark Galloway) Saudi Shipping Law (Fairplay Publications, Coulsdon, 1990)
  • “Yemen’s New Maritime Code” [1995] Lloyd’s Maritime and Commercial Law Quarterly 442
  • “A Saudi Arabian Marine Insurance Arbitration”, Middle East Commercial Law Review, May 1996, 86
  • (Co-author with Majid Ghazzawi) “Saudi Arabia’s New Draft Agencies Regulation”, Middle East Commercial Law Review, July 1996, 114
  • (Co-author with Kilian Bälz) “Regulating the Saudi Arabian Insurance Industry”, International Bar Association Insurance Law Newsletter, August 2000
  • “Succession in Saudi Arabia”, Trusts & Trustees, 2010 16 (1) 28-30
  • (Co-author with James Whelan) “Saudi Arabian Competition Law”, International Financial Law Review, September 2011

 

EXPERIENCE AND REPRESENTATIVE MATTERS


DISPUTE RESOLUTION


  • Conducted the representation of a Saudi Arabian bank in litigation arising from the alleged mismanagement of an investment fund.
  • Conducted the representation of a Saudi Arabian bank in proceedings before the SAMA Banking Disputes Committee brought against it under a guarantee.
  • Conducted the representation of a Saudi Arabian bank in proceedings before the SAMA Banking Disputes Committee brought by a client for the alleged mismanagement of the client relationship.
  • Conducted the representation of the insurers of a Saudi Arabian bank in connection with proceedings brought against the bank for the alleged mishandling of a private placement.
  • Conducted the representation of an international bank in proceedings arising out of the default of a Saudi Arabian property development company.
  • Conducted the representation of a financing company in connection with claims against an airline arising out of the airline’s default under a loan agreement.
  • Conducted the representation of clients in several proceedings in respect of unpaid debts brought by banks before the SAMA Banking Disputes Committee.
  • Conducted the representation of clients in several cases in respect of dishonoured promissory notes before the Commission for the Settlement of Negotiable Instruments Disputes.
  • Conducted the representation of several financial institutions in a US$ 650 million claim against the Saad Group.
  • Conducted the representation of the CEO of a listed company in the first successful challenge to a resolution by the Saudi Arabian Capital Markets Authority under the Capital Market Regulation of 2003 and the Market Conduct Regulation 2004 before the Committee for the Resolution of Securities Disputes both at primary and appellate level.
  • Conducted the representation of an international financial institution in proceedings before the Committee for the Resolution of Securities Disputes.
  • Conducted the representation of the auditors of a Saudi Arabian listed company in proceedings before the Committee for the Resolution of Securities Disputes.
  • Obtained a judgment in respect of a credit default swap.
  • Conducted the representation of a Saudi Arabian insurance company in liquidation proceedings of a financial intermediary.
  • Conducted the representation of a member of a Saudi Arabian merchant family in a shareholder dispute resulting in a settlement in favour of our client close to US$ 500 million.
  • Conducted the representation of a multinational company in a dispute with other shareholders in a Saudi Arabian joint venture company.
  • Conducted the representation of an international ships’ agency group in Saudi Arabian court proceedings involving a series of claims against the insolvent Beluga Shipping Group of Germany, in the course of which we managed to pierce the corporate veil of several one-ship companies.
  • Conducted the representation of a foreign shareholder in a Saudi Arabian company in court proceedings brought by other shareholders over the control of the company.
  • Conducted the representation of the foreign shareholder in a Saudi Arabian trading company in a dispute with the Saudi Arabian shareholder.
  • Conducted the representation of a UK Company in connection with a dispute with its Saudi Arabian partner in a Saudi Arabian joint venture company, involving multiple proceedings before several tribunals.
  • Conducted the representation of creditors in the bankruptcy proceedings of Saad Trading and Maan Al Sanea.
  • Conducted the representation of a creditor in the bankruptcy proceedings of Saudi Import Company Abdul Latif Banaja and Partners.
  • Conducted the representation of a creditor in the bankruptcy proceedings of Al Nahda Medical Company.
  • Conducted the representation of a creditor in the bankruptcy proceedings of Saleh Alabdullatif Group Trading Company
  • Conducted the representation of a creditor in the bankruptcy proceedings of Al Aman Modern Energy Company.
  • Conducted the representation of an international financial institution in cross-border bankruptcy proceedings of a Saudi Arabian company.
  • Conducted the representation of an international steel company in proceedings before the Board of Grievances against a Saudi Arabian client.
  • Conducted the representation of an international energy company in proceedings before the Board of Grievances brought by another international energy company for breach of an oil supply contract.
  • Conducted the representation of a Saudi Arabian conglomerate in proceedings against the Customs Department in respect of customs fines.
  • Conducted the representation of a commodities trading company in sale dispute proceedings against a petrochemical producer.
  • Conducted the representation of an international soft drinks manufacturer in connection with the termination of a long-term supply contract.
  • Conducted the representation of a Saudi Arabian oil services equipment supplier in proceedings before the Board of Grievances against an equipment supplier.
  • Conducted the representation of an international medical equipment company in proceedings before the Board of Grievances against a Saudi Arabian customer.
  • Conducted the representation of a luxury goods company in arbitration proceedings resulting from the termination of its Saudi Arabian distributor.
  • Conducted the representation of a Saudi Arabian distribution conglomerate in proceedings before the Board of Grievances against a food production company.
  • Conducted the representation of an international food production company in distributor termination proceedings.
  • Conducted the representation of an international steel company in agency termination proceedings.
  • Conducted the representation of an international trading company in agency termination proceedings.
  • Conducted the representation of an international trading house in agency termination proceedings.
  • Conducted the representation of a furniture manufacturer in distributor termination proceedings.
  • Conducted the representation of a domestic appliances manufacturer in distributor termination proceedings.
  • Conducted the representation of an international engineering company in agency termination proceedings.
  • Conducted the representation of an international photographic equipment manufacturer in distributor termination proceedings.
  • Conducted the representation of an aircraft engine manufacturer in agency termination proceedings.
  • Conducted the representation of a watch manufacturer in distributor termination proceedings.
  • Conducted the representation of a construction equipment manufacturer in distributor termination proceedings.
  • Currently conducting the representation of an international pharmaceuticals company in court proceedings against its former Saudi Arabian distributor.
  • Currently conducting the representation of an international medical company in court proceedings against its former Saudi Arabian distributor.
  • Conducted the representation of a Saudi Arabian insurance company in arbitration proceedings arising from a fraudulent marine insurance claim.
  • Conducted the representation of a Saudi Arabian insurance company in arbitration proceedings in connection with a series of damage and business interruption claims by an electricity company.
  • Conducted the representation of an insurance company and its reinsurers in arbitration proceedings resulting from a property loss and business interruption claim at a glass factory.
  • Conducted the representation of a car distribution company in arbitration proceedings in connection with a property loss and business interruption claim resulting from a fire at one of our client’s warehouses.
  • Conducted the representation of international reinsurers in fire claim proceedings before the SAMA Insurance Disputes Committee.
  • Conducted the representation of liability insurers of a transport company in the first appeal from the SAMA Insurance Disputes Commission to the Board of Grievances.
  • Conducted the representation of insurers of a Saudi Arabian bank in proceedings resulting from employee infidelity.
  • Conducted the representation of the insurers of a security company in proceedings arising from employee infidelity claims by banks.
  • Conducted the representation of an offshore insurance company before the Committee for the Resolution of Insurance Related Disputes and Violations in an employee infidelity claim by a Saudi Arabian bank.
  • Conducted the representation of an insurance company in connection with liability claims resulting from a fire.
  • Conducted the representation of the liability insurers of an international construction company in connection with proceedings against Saudi Aramco.
  • Conducted the representation of an international contractor in a claim against the Saudi Arabian Seaports Authority.
  • Conducted the representation of an international engineering company in proceedings before the Board of Grievances arising from a government supply contract.
  • Conducted the representation of an international construction company in connection with an accident at a gas project.
  • Conducted the representation of an international construction company in proceedings against a Saudi Arabian state-owned company.
  • Advised an international contracting company in connection with the successful settlement of a construction dispute involving disputed amounts in excess of US$ 200 million.
  • Conducted the representation of the developer of an economic city in a US$ 140 million action brought by an EPC contractor before the Shari’a courts of Saudi Arabia.
  • Conducted the representation of an EPC contractor in a claim by Saudi Aramco.
  • Conducted the representation of an EPC contractor in connection with proceedings arising out of a contract with Saudi Aramco.
  • Conducted the representation of a Saudi Arabian car distributor in a dispute over a software licensing agreement.
  • Advised an international soft drinks company in an intellectual property dispute.
  • Conducted the representation of an international chemicals company in a technology licensing dispute with a Saudi Arabian chemicals company.
  • Conducted the representation of a regional group of companies in proceedings against former employees and their new employer in respect of their improper use of our client’s confidential information.
  • Conducted the representation of a Saudi Arabian listed company in proceedings against a former consultant for theft of proprietary data.
  • Conducted the representation of a transport company and its liability insurers in connection with a major oil spill claim arising from the accidental grounding of a ship off Jeddah.
  • Conducted the representation of a transport company in connection with an environmental damage claim by Saudi Aramco.
  • Conducted the representation of an international transport company in a marine environmental damage claim by the Presidency of Meteorology and Environmental Protection.
  • Conducted the representation of a transport company in the first proceedings against the Presidency of Meteorology and Environmental Protection under the General Environmental Regulation of 2003.
  • Conducted the representation of a transport company in connection with an oil pollution claim by the Presidency of Meteorology and Environmental Protection.
  • Conducted the representation of a transport company in environmental damages proceedings before the Board of Grievances.
  • Conducted the representation of the owners and insurers of a tanker in respect of environmental claims arising out of an explosion on board the vessel as a result of which she became a constructive total loss.
  • Conducted the representation of insurers in three consolidated port installation damage actions before the Board of Grievances brought by Jeddah Port Management.
  • Conducted the representation of insurers of a transport company in proceedings before the Board of Grievances arising from the accidental destruction of a ship.
  • Conducted the representation of a Saudi Arabian insurance company in connection with a claim for contamination of a cargo of vegetable oil.
  • Conducted the representation of insurers of a transport company in connection with claims resulting from the grounding of a ship off an oil refinery in Rabigh.
  • Conducted the representation of a number of transport companies in more than concurrent 20 test cases before the Board of Grievances in respect of bulk cargo shortages.
  • Conducted the representation of salvors in a claim involving the successful salvage of a tanker and its cargo of crude oil with a combined value in excess of US$ 120 million.
  • Conducted the representation of the owners and insurers of a ship which was involved in a collision with another ship in defending court proceedings which were brought against them by the owners of the other ship involved in the collision, and in court proceedings brought on behalf of our clients against the Ports Authority in respect of the unlawful detention of our client’s ship.
  • Conducted the defence of the agent of a heavy-lift vessel in respect of a claim brought by cargo interests
  • Conducted the representation of a member of a Saudi Arabian merchant family in an inheritance dispute before the Shari’a Courts.
  • Conducted the representation of a tire manufacturer in a product liability case.
  • Conducted the representation of a member of a Saudi Arabian merchant family in connection with the Saudi Arabian aspects of libel proceedings against an international publication.
  • Conducted the representation of an aircraft management company in proceedings over the outfitting of aeroplanes.
  • Advised a multinational corporation in connection with an investigation and prosecution by the Competition Protection Council into alleged anti-competitive practices.
  • Conducted the defence of a foreign investor in a Saudi Arabian company in proceedings before the Investment Disputes Committee of the Saudi Arabian General Investment Authority in respect of alleged breaches by our client of its investment license.
  • Conducted proceedings for the enforcement of an AAA arbitration award which was issued in the USA.
  • Conducted proceedings for the enforcement of a judgment which was issued in the UK.
  • Conducted the enforcement of an ICC arbitration award in excess of US$ 10 million which was issued in Japan.
  • Conducted proceedings for the enforcement of an LCIA arbitration award which was issued in the UK.
  • Conducted the representation of a non-Saudi shareholder in a Saudi Arabian listed company in a tax appeal arising over capital gains tax.


EXPERT EVIDENCE


  • Provided expert evidence on Saudi Arabian law in an LMAA arbitration between the owners and charterers of a cargo ship
  • Provided expert evidence on Saudi Arabian law in English High Court proceedings brought by an Italian company against a Saudi Arabian company
  • Provided expert evidence on Saudi Arabian law in the English Mercantile Court case Ali Reza-Delta Transport v. United Arab Shipping Co [2003] EWCA Civ 684
  • Provided expert evidence on Saudi Arabian law in English High Court proceedings between a Saudi Arabian bank and a Saudi Arabian borrower
  • Provided expert evidence on Saudi Arabian law in the Singapore High Court case Bassatne v. El Gohary [2004] SGHC 63
  • Provided expert evidence on Saudi Arabian law in the English High Court case Euler Hermes v. Apple Computers [2006] EWCA Civ 375
  • Provided expert evidence on Saudi Arabian law in proceedings before the Jersey courts between members of a Saudi Arabian family and an international financial institution
  • Provided expert evidence on Saudi Arabian law in English High Court proceedings in connection with a dispute over the management of a Saudi Arabian group of companies
  • Provided expert evidence on Saudi Arabian law in the English High Court case Shetty v. Al Rushaid [2013] EWHC 1152
  • Provided expert evidence on Saudi Arabian law in an ICC arbitration in London between an international bank and a Saudi Arabian borrower
  • Provided expert evidence on Saudi Arabian law in Irish High Court proceedings over the termination of a licence agreement
  • Provided expert evidence on Saudi Arabian law in an LMAA arbitration between disponent owners and charterers of a tanker
  • Provided expert evidence on Saudi Arabian law in the English High Court case Akers v. SAMBA Financial Group [2014] EWHC 540 (Ch), [2014] EWCA Civ 1516, [2017] UKSC 6, https://en.wikipedia.org/wiki/Akers_v_Samba_Financial_Group  
  • Provided expert evidence on Saudi Arabian law in an LCIA arbitration in connection with an EPC contract between an international construction company and its Saudi Arabian subcontractor
  • Provided expert evidence on Saudi Arabian law in English High Court proceedings between a US company and its Saudi Arabian agent
  • Provided expert evidence on Saudi Arabian law in a DIFC-LCIA arbitration in connection with a dispute between a construction consortium and its international subcontractor
  • Provided expert evidence on Saudi Arabian law in an ICC arbitration in Geneva between a manufacturer and its former Saudi Arabian distributor
  • Provided expert evidence on Saudi Arabian law in the English High Court case Byers v. SAMBA Financial Group [2021] EWHC 60 (Ch); Byers v. Saudi National Bank [2022] EWCA Civ 43, https://en.wikipedia.org/wiki/Byers_v_Saudi_National_Bank


TRANSACTIONAL EXPERIENCE


  • Advised on a long-term basis an international tug owner and operator in connection with its Saudi Arabian operations, including contracts with Saudi Aramco and ongoing operational issues.
  • Advised on a long-term basis a Saudi Arabian shipowner, tug owner and bunker supplier in connection with all legal aspects relating to its business including registration and flagging issues, and contracts with Saudi Aramco and Saudi Arabian authorities.
  • Advised multiple oil services companies in connection with their contracts with Saudi Aramco.
  • Advised on an ongoing basis an international marine supply services provider in connection with its Saudi Arabian operations, including the setting up of a Saudi Arabian affiliate, contracts with Saudi Aramco, ongoing operational issues, and flagging issues arising under the Commercial Maritime Law of 2018.
  • Advised on a long-term basis a Saudi Arabian insurer in connection with its operations, including insurance contracts, reinsurance contracts, and contracts with insurance brokers.
  • Advised on an ongoing basis an international insurance company in connection with its Saudi Arabian operations, including the setting up and IPO of its Saudi Arabian affiliate.
  • Advised an international insurance company in connection with its Saudi Arabian operations, including the setting up and IPO of its Saudi Arabian affiliate.
  • Advised an international health insurance company in connection with its Saudi Arabian operations, including the setting up of an affiliate and ongoing regulatory issues.
  • Advised an international insurance company in connection with its Saudi Arabian operations, including the setting up and IPO of its Saudi Arabian affiliate.
  • Advised a Saudi Arabian insurance company in connection with its reinsurance arrangements.
  • Advised on an ongoing basis an international confectionary and food manufacturer in connection with its Saudi Arabian operations, including the setting up of a trading joint venture.
  • Advised on a long-term basis an international soft drinks manufacturer, including its Saudi Arabian distribution and third-party contracts.
  • Advised the Saudi Arabian franchisee of an international furniture company in connection with the renewal of a franchise agreement and general operational issues.
  • Advised several computer manufacturers in connection with their Saudi Arabian distribution arrangements.
  • Advised on an ongoing basis an international software company in connection with its Saudi Arabian operations, including the setting up of a subsidiary.
  • Advised multiple automobile manufacturers in connection with their Saudi Arabian distribution arrangements.
  • Advised multiple electronic equipment manufacturers in connection with their Saudi Arabian distribution arrangements.
  • Advised multiple international clients in connection with Saudi Arabian competition and merger control issues.
  • Advised on a long-term basis an international construction company including regulatory issues concerning its Saudi Arabian subsidiary and contracts with Saudi Aramco and government agencies.
  • Advised on an ongoing basis an international engineering company, including regulatory issues concerning is Saudi Arabian affiliate.
  • Advised a Saudi Arabian conglomerate in connection with a joint venture with an international advertising company.
  • Advised on a long-term basis an international advertising and marketing conglomerate, including the setting up of several Saudi Arabian affiliates.
  • Advised on an ongoing basis an international events management company.
  • Advised a medical equipment manufacturer in connection with its Saudi Arabian operations, including government contracts and setting up a trading joint venture.
  • Advised on an ongoing basis a medical equipment manufacturer in connection with its Saudi Arabian operations, including the setting up of a trading joint venture.
  • Advised on an ongoing basis an international pharmaceuticals and diagnostics company in connection with its Saudi Arabian operations, including the setting up of a wholly owned trading subsidiary and a trading joint venture.


Image of Andreas Haberbeck

Jeddah-based Andreas Haberbeck is an extremely well-known lawyer with nearly three decades of experience practising in Saudi Arabia. He wins particular recognition for his keen shipping knowledge and capably provides advice on various offshore disputes. "He did a great job of leading and rallying the team. He presented information clearly and gave concise advice."


— Chambers Global 2022

Andreas Haberbeck

Mr Haberbeck has more than 30 years experience of working as a lawyer in Saudi Arabia. Following pupillage at 3 Essex Court (now 20 Essex Street), he joined Coward Chance (now Clifford Chance) in 1982, and was seconded to the firm's then new associated Saudi Arabian office from 1983 to 1986. He subsequently worked with Thomas Miller & Co and Richards Butler (now Reed Smith) in London, and returned to Saudi Arabia in 1991. In 1993 he joined Abbas Ghazzawi Law Firm, which has since become Hatem Abbas Ghazzawi & Co.


BORN: 1952

NATIONALITY: German

EDUCATION: University of London, SOAS, Bachelor of Laws, 1979; University of London, University College, Master of Laws, 1980

ADMITTED: Called to the Bar of England and Wales by Gray's Inn, 1981

MEMBER: Gray's Inn

PUBLICATIONS: Co-author of the books "The Maritime Laws of the Arab Gulf Cooperation Council States" (1986) and "Saudi Shipping Law" (1990); articles include "Insurance under Saudi Arabian Law" (1986) Lloyd's Maritime and Commercial Law Quarterly 246, "Risk Sharing in an Islamic Society" (1987) Arab Law Quarterly 138 and "Regulating the Saudi Arabian Insurance Industry", International Bar Association Insurance Law Newsletter, August 2000

PRACTICE: Dispute Resolution, General Practice

 

Derayah LLPC – Saudilegal regularly advises on commercial transactions with contentious elements and M&A transactions with competition law aspects. Andreas Haberbeck, Asad Abedi and Ali Abedi are the key names to note.— Legal 500 EMEA 2020


“Andreas Haberbeck and his team provide an excellent and responsive service. A strength is their skill in explaining the Saudi legal system to those for whom it is unfamiliar.” — IFLR 1000


Send Email