Legal Case Management Strategy & Countering Logical Fallacies in Legal Defense – Practical Applications
1- Management of Legal cases – strategy and addressing the logical fallacies of dialogue and legal defense.
Arabic
For years, I sat across tables where the stakes were high and the arguments fierce—rooms where every word mattered and every flaw could decide the fate of millions. I had the honour of representing my beloved country, Kuwait, in some of its most challenging legal battles, including cases born out of the Spanish investment crisis.
These were not merely legal exercises. They were complex, multi-layered confrontations that tested patience, skill, and strategy. Over time, I began to notice a pattern: the most decisive moments often turned not on the facts themselves, but on the way those facts were argued. Weak reasoning, hidden assumptions, and subtle logical missteps could undo even the strongest positions.
It was this realisation that led me to study the art—and the failings—of argument. I began collecting examples of logical fallacies and flaws in legal defence, drawn from both my own experience and respected international sources. I illustrated each one to make its mechanics clear, distilling lessons that can be applied in real-world legal practice.
This book is not an academic treatise. It is a practical guide, shaped by experience and focused on application. I begin with a short foundation on logical reasoning, then move to the flaws themselves—each one explained, illustrated, and tied to the realities of legal strategy. Along the way, I also address two closely connected topics: how to manage major legal cases and how to recognise when flawed reasoning has crept into a defence.
Underlying it all is a truth as old as human thought: our knowledge is limited. As the Almighty says, “You have been given only a little knowledge” (Al-Isra: 85). This work embraces that reality, offering practical tools to help legal practitioners, debaters, and decision-makers strengthen both their arguments and their strategies.
Presently being distributed by Jareer Bookshop, Kuwait and other bookstores in Kuwait
2- Difficult Encounters with the Law in Cheapside – Presenting Cases Arising from Kuwaiti Investments in Spain
This book is based solely on publicly available information concerning the cases arising from the Kuwait Investment Office’s investments in Spain, during my assignment in London alongside fellow legal advisors.
No confidential or privileged information is disclosed in these pages. All facts and details are taken exclusively from judgments issued publicly by the courts of England and Wales, including the ruling of the Honourable Mr. Justice Mance, as well as other published decisions that are accessible to the public and free from any legal restrictions.
The sequence of events is presented strictly in accordance with the contents of these judgments. Where defendants were named, their inclusion is limited to the statements contained in the official record, and no reference is made to individuals who were subsequently acquitted by the Court of Appeal.
This work is therefore intended as a structured account of the publicly recorded proceedings, supplemented by my professional perspective gained over years of legal practice in high-value investment disputes. It is not, and must not be construed as, a disclosure of any protected, privileged, or otherwise confidential information.
Presently being distributed by Jareer Bookshop, Kuwait and other bookstores in Kuwait
3- The Main Rules of Arbitration in the State of Kuwait and The International Arbitration Between The State of Kuwait and Aminoil English / Arabic
1- In this book, I provide an overview of arbitration in the State of Kuwait, beginning with a summary of selected judgments issued by the Kuwaiti Court of Cassation. I then present the full text of Kuwait’s Arbitration Law alongside its English translation, followed by explanatory illustrations of the law. This is supplemented with the text of the Judicial Arbitration Law and the provisions governing arbitration before the Kuwaiti Capital Markets Authority.
2- Given that the Aminoil case was the first arbitration in which the State of Kuwait participated, I felt it important to address it for the benefit of future generations.
3- The Aminoil case is regarded as a success for the State of Kuwait, as it established new principles in international law and affirmed the legality of state nationalisation under certain conditions.
4- I also highlight the key conclusions drawn from the views of international experts who examined this landmark judgment, which introduced a significant new principle in international law relating to oil concessions.
5- The Kuwaiti government’s legal team in this case—led by the former head of the Fatwa and Legislation Department, Dr. Abdul Rasul Abdul-Reda, along with the legal advisors who assisted in the arbitration—performed exceptional work that contributed to the issuance of this historic judgment.
6- Arbitration is one of the legal mechanisms available to disputing parties, either pursuant to an arbitration clause in their contract or through an arbitration agreement negotiated and concluded after a dispute has arisen.
7- Arbitration is also a common feature of bilateral and multilateral investment agreements, enabling investors to submit disputes to arbitration as one of their available remedies. A prime example is the International Centre for Settlement of Investment Disputes (ICSID), established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Investment Dispute Settlement Agreement) on 18 March 1965, which entered into force on 14 October 1966.
80 States, for various reasons, do not generally prefer to submit themselves to arbitration with a counterparty.
9- The translations provided in this book are for guidance only. The precise meaning of the words and sentences can only be ascertained from the original text.
Presently being distributed by Jareer Bookshop, Kuwait and other bookstores in Kuwait
4- The company’s Manual through Kuwait companies law English / Arabic
I chose to prepare a practical guide to the texts of the Kuwaiti Companies Law by reorganising its provisions in a sequence that, in my view, makes them easier to reference.
As an introduction, I included illustrative diagrams analysing the relationships between various corporate provisions under the Kuwaiti Companies Law. I then presented the general provisions of the law, followed by the sections dealing with company transformation, merger, division, termination, and liquidation. These are followed by the provisions on monitoring, inspection, and penalties.
The order of presentation begins with the professional company, followed by the non-profit company, the special purpose company, and companies operating in accordance with Islamic Shari’a. Thereafter, the sequence covers the undeclared partnership, the public shareholding company, the closed shareholding company, the limited liability company, the one-person company, the joint liability company, the simple commandite company, and finally the commandite-by-shares company.
For each article of the law, I have provided a brief explanatory note, presenting the legal text in the form of concise commentary. The English translations used in this book are based on the official translation prepared by the Kuwaiti Ministry of Commerce and Industry; however, I have made several amendments—particularly to the names of certain company types—reflecting my view that the translation must accurately convey the nature of each company as set out in the original Arabic text.
The texts of the executive regulations are included immediately after the corresponding provisions of the law in each section of the book.
The translations provided are for guidance only. The precise meaning of the words and provisions can only be ascertained from the original Arabic text.
Presently being distributed by Jareer Bookshop, Kuwait and other bookstores in Kuwait
5- Brief Explanatory Commentary – An excerpt from the preparatory work – examples of judgment issued by the Kuwaiti Court of Cassation (Brief) English / Arabic
1- Every legal system is founded on general provisions, which operate as overarching principles applicable across various branches of law without specific limitation.
2- The Civil Code addresses all matters relating to the sources and application of the law over time, the proof and termination of legal personality, the characteristics of legal rights, and the primacy of legislation over other sources of law. It reflects the principle of non-retroactivity of laws, as stipulated in the constitution, recognizes legal personality, defines the sources and hierarchy of laws, regulates the consequences of the succession of laws over time, establishes uniform rules for the calculation of time, determines the domicile of persons and degrees of kinship, adopts a modern classification of tangible and financial assets, and covers other issues traditionally addressed by civil law.
3- The Civil Code begins with general provisions on law and rights. Its first chapter specifies the sources of law, including provisions concerning the repeal of legislation and the succession of laws over time, while transferring the resolution of conflicts of law in space to a specific statute. The second chapter addresses general provisions on rights: the first section deals with natural persons, covering the beginning and end of personality and its characteristics, followed by provisions concerning legal persons, their capacity, and domicile. The second section addresses objects of rights and the division of tangible and financial assets, while the third section focuses on the exercise of rights and remedies against their unlawful use.
4- It should be noted that Majallat Al-Ahkam Al-Adliya forms the basis of certain provisions of the Civil Code.
5- I have intended to present the text of the Civil Code followed by brief explanatory notes, drawing on the explanatory memorandum and the preparatory work for the Civil Code. These summaries are designed to facilitate easy reference for interested readers.
6- I have also summarized relevant judgments of the Kuwaiti Court of Cassation concerning specific articles of the Civil Code, presented article by article. These summaries are not bound by the dates of issuance; rather, they aim to guide readers in understanding the application of the provisions within the context of the law.
7- The entire work has been translated into English to meet the needs of specialists and international readers.
8- It should be noted that the translations provided in this book are for guidance only. The precise meaning of words and provisions can only be determined by reference to the original Arabic text.
Presently being distributed by Jareer Bookshop, Kuwait and other bookstores in Kuwait
6- Al-Baseet for Influential Rules of (101) juristic principle & (404) Legal Maxims In Islamic Law With Practical Examples English / Arabic
In the name of Allah, the Most Gracious, the Most Merciful
The science of Usul (principles of Islamic jurisprudence) and Fiqh (Islamic legal maxims) is among the most important branches of Islamic knowledge. It forms the foundation for understanding texts and deriving rulings. Scholars throughout history have given this science significant attention due to its critical role in ensuring the correct comprehension of Shariah and organizing the process of deriving rulings under various circumstances.
In this book, “Al-Baseet fi Sharh Al-Qawa’id Al-Usuliyyah wal-Qawa’id Al-Fiqhiyyah Al-Mu’athira wa Amthila Amaliyya ma’a Al-Tarjama Al-Ingliziyya” (A Simple Explanation of Influential Usul and Fiqh Maxims with Practical Examples and English Translation), I have presented a collection of Usul and Fiqh maxims in a simplified and accessible manner. Each maxim is explained clearly and supported by practical examples that help clarify and facilitate understanding for the reader. Additionally, the English translation of these maxims has been included to make them more accessible and beneficial to a wider audience.
This book aims to simplify Islamic jurisprudence, especially in our contemporary era, where new and complex issues frequently arise. This necessitates the application of these maxims to guide rulings based on solid scientific foundations.
And Allah is the source of success.