Aviation Law

Banking law regulates the founding, operations, supervision and termination of the operations of the banks in connection with the government as well as the people.

We offer a wide range of banking legal services to help and protect the clients' banking interests in most lending transactions.

We represent both local and international institutions. We assist and advise banks, financial institutes, leasing companies, investment funds on all aspects of banking transactions, both on national as well as international levels.

Our services in this area includes, but is not limited to, asset protection, banking law, corporate finance, private equity, investment law, trade investment, project finance, real estate finance projects, construction finance, leasing operations, debt refund, mergers & acquisitions of banks and financial institutions, loans, drafting and reviewing legal documents for banks and financial institutions.

In other hand, we advise the clients who deal with banks on their business activities. We provide professional consulting and attorney services about the issues of solving the problems which banks, financial institutions, leasing companies, individuals, legal persons have faced with in the field of banking law.

For all the disagreements faced in the field of banking law, the firm provides solutions below:

• Solving disagreements caused by operations of banks

• Solving disagreements caused by credit contracts and leasing contracts

• Solving disagreements caused by hypothec and collateral operations

• Banking litigation

Commercial law provides a set of rules to govern day-to-day operations of a business, particularly the laws governing the sale of products and services.

Milani law firm is well recognized as a leading Iranian law firm in commercial law matters. We provide comprehensive commercial legal services to Iranian as well as multinational companies. Our practice is designed to meet the complex legal needs of the clients in an efficient manner by providing industry expertise in addition to practical legal advice.

We represent a number of foreign companies in Iran with respect to all aspects of their businesses. The companies range from small companies for which we had handled the initial organizational matters to large international corporations for which we have been handling complex international transactions.

Recognizing that the clients’ corporate needs involve virtually every aspect of their businesses, we work closely with the other practice areas in our firm, including litigation, real estate and labor to provide a balanced, thoughtful approach to the clients’ needs.

In order to being enable providing legal needs of the clients with the in-depth legal expertise that is necessary for the growth and success of their companies, we have supplemented our general corporate practice with specialty practice groups.

At Milani law firm, with having a wealth of experience undertaking procedural formalities pertaining to company incorporation and drafting all documents required for such matters, we assist the clients to set up a business in Iran. This eventually allows the entrepreneurs to focus on the growth and development of the company by successfully eliminating their tension with respect to fulfillment of the administrative and legal exigencies.

Business setup practice at Milani law firm is not an occasional practice. Our team of experts assist the clients throughout the whole process of business setup from preliminary application to open bank accounts, to draft legal minutes of shareholders, to provide office space, and other relevant agreements.

We provide full assistance to meet all the requirements and to make it easier for a foreign investor to start a business in Iran.

Our services are, but not limited to, as followings:

• Locating a space as per the client’s need

• Obtaining all necessary approvals

• Arranging meetings with banks

• Coordinating between the investor and local authorities

• Arranging accommodation for the investor if needed (accommodation charges needs to be paid by the client)

• Completing all formalities on behalf of the client

• Deliver the license to the client

Corporate law deals with how companies are formed, governed, structured, restructured, and ultimately dissolved.

At Milani law firm, we provide efficient and unbureaucratic assistance in formation of a company and preparation of related contracts and applications to the clients.

If you are planning to acquire or sell shares in a company, we will accompany and advise you throughout the purchase or sales process.

Increasing number of liability lawsuits against executive officers of companies, such as managing directors or board members, demonstrate the importance of a profound knowledge of corporate law.

As a brief definition, divorce is the termination of the marital union by a court decision. In other word, divorce formally dissolves a legally valid marriage. If there is a foreign element in a divorce case, it is important for your attorney to determine whether if divorce lawsuit can be filed before Iranian courts or not and whether if Iranian rules are applicable to the dispute or not. If spouses are willing to divorce before the Iranian courts, their marriage must be recognized valid as per Iranian laws. If spouses are citizens of the same foreign country or different foreign countries with a domicile in Iran, they have the right to file for divorce before the Iranian family courts.

With having professional family attorneys, Milani law firm provides legal consultancy and services regarding consensual and contested divorce lawsuits in Iran, prepares contractual divorce protocols in accordance with benefits and requests of both parties, and provides detailed information on the rights and obligations of the spouses.

In addition, with having the clients all over the world, Milani law firm actively carries out divorce cases with foreign elements. In this context, our divorce attorneys provide legal consultancy regarding the law to be applied according to the private international law in Iran. We have the expertise for the enforcement of foreign divorce judgments in Iranian courts.

Inheritance law in Iran is part of the personal status law and it is used to determine how a deceased’s properties and assets are passed on to the rightful heirs. This depends on the religious background of the deceased or the person who made the will. If they are Muslim, Shariah law is used; if not, then the guidelines of their own religion law are used. However, assets and properties will only be transferring while the deceased's all existing debts and fines are being already paid.

We have a team of experienced attorneys well qualified to provide legal advice and dispute resolution services on every aspect of Iranian inheritance law. Our professional legal team is ready to provide you the legal assistance you may need for managing your assets including, but not limited to, your personal belongings, corporations, real estate, and other wealth according to your preferences.

In this regard, we can guide you through developing or implementing your or your family’s estate and succession plan and draft associated legal documents accordingly. Particularly, we assist the clients in drafting their wills, provide legal advice as to clients’ intentions in their wills, and inform the clients regarding potential risks that may arise for their family and businesses once the will is executed to avoid any unexpected and undesirable scenarios.

We provide legal advice and representation services to Iranian citizens and foreigners on:

• Drafting of Wills

• Drafting and negotiating of inheritance contracts

• Solving the conflicts on inheritance law related matters

An industrial design is the ornamental or aesthetic aspect of an article. The design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns. Industrial designs are applied to a wide variety of products of industry and handicrafts; from technical and medical instruments to watches, jewelries, and other luxury items, electrical appliances to vehicles and architectural structures; from textile designs to leisure goods.

An industrial design must appeal to the eye. This means that an industrial design is primarily of an aesthetic nature, and does not protect any technical features of the article to which it is applied.

Milani law firm provides a complete assistance to any inventors of a drawing or designers, or those who are entitled to rights thereto. We represent them before the courts or any other government bodies in case of violation of their exclusive rights. We advise and assist them with the drafting or reviewing of any agreement related to the transfer of their rights.

We have substantial experience and expertise in the followings:

• Industrial design registration

• Industrial design annuities

• Industrial design assignment

• Industrial design changes

• Industrial design licensing

• Industrial design search

• Industrial design litigation

A patent is an exclusive right granted for any inventions, which they are new, involve an inventive step and are capable of industrial application whether they are related to new industrial products, modern industrial techniques and devices, or common industrial methods.

In general, it is a new way of doing something or offers a new technical solution to a problem. Milani law firm provides a wide range of patent services, this will include, but is not limited to, searching, filing application, prosecuting applications, post-registration actions, advising on the government fees, drafting and reviewing a licensing agreement or any other transferring agreement, legal opinion, representing the clients before courts.

We have substantial experience and expertise in the followings:

• Patent registration

• Patent annuities

• Patent assignment

• Patent changes

• Patent licensing

• Patent search

• Patent opposition

• Patent litigation

A trademark is any sign capable of being represented by a specific name or a form which is capable of distinguishing goods or services of one legal or natural person from those of other legal or natural person. A trademark may consist of all kinds of names such as personal names, pseudonyms, words, expressions, letters, descriptions, numerals and emblems; Forms such as drawings including protruding designs, stamps, figures, the shape of goods or their packaging, colors, combinations of colors, and three-dimensional signs.

With the globalization of the world and with the development of international trade, trademark becomes the most precious and important assets of an enterprise. The adequate protection of an important trademark may determinate and affect the success of a product in a market place.

Our professional team is qualified and dedicated to grant the clients with the best legal consultation and they are always up-to-date with any development or any new jurisprudence in the trademark field.

Milani law firm provides first class quality of services and legal expertise as we always work hard to improve our work, reach our goals, and achieve our commitments to the clients.

We have substantial experience and expertise in the followings:

• Trademark registration

• Trademark renewal

• Trademark assignment

• Trademark changes

• Trademark licensing

• Trademark search

• Trademark opposition

• Trademark litigation

The term unfair competition applies to any actions taken by economic entities and aimed at benefitting their own business that are against the law or business customs, reasonableness and fairness, and have caused or may cause damages to other economic entities or have caused or may cause damage to these competitors’ business reputation.

Normally, infringement of IP rights happens with forging protected rights. We have litigated intellectual property rights and unfair competition cases in a wide variety of industries and have comprehensive experience in this field.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. It refers to an alternative dispute resolution method where the parties in dispute agree to have their case heard by one or more qualified arbitrators out of court.

It is the most traditional form of private dispute resolution. Arbitration is a binding procedure that is often administered by a private organization that maintains lists of available arbitrators and provides rules under which the arbitration will be conducted.

In Iran, Arbitration is a reliable and efficient method for resolving conflicts. Arbitration is our main expertise. We have arbitration attorneys with arbitration experience. Filing and defending arbitration requests, providing consultations, and representing the clients before arbitration proceedings is our firm’s specialty. We have dealt with several cases with all being successful. This allows us to represent you in any arbitration-related disputes in Iran.

Whether your business is the plaintiff or the defendant in a business litigation case, the outcome can have permanent consequences for your company. The experienced attorneys at Milani law firm understand the importance of these cases and know how to develop effective and efficient strategies for the commercial clients. Throughout the country, we provide individualized advice and advocacy to the clients covering a full range of business fields.

Our attorneys are able to provide comprehensive advocacy, thereby giving you the peace of mind that allows you to focus on your business and minimize the distraction and disruption caused by pending litigation. Our firm assists small and large companies in all types of commercial litigation. We will always consider the clients’ thoughts and concerns during all stages of the litigation process while continuously assessing the clients’ best interests.

Civil litigation is a term that applies to any legal dispute where two or more parties are seeking monetary damages or a specific performance and does not include criminal accusations.

Civil law mainly deals with issues related to purchase agreements of goods or properties, lease agreements, debt collection, negligence, and civil liability.

Milani law firm offers a wealth of knowledge and skill, effectively navigating the nuances behind civil law, whether among private individuals or disputes between individuals and organizations.

At Milani law firm, the clients benefit from the vast experience of our civil attorneys across the Iran. Our skilled attorneys are well-versed in all aspects of civil law. They are dedicated to provide the best legal advice. As such, we are well-suited to provide legal assistance to the local clients with international civil disputes and the overseas clients.

We advise and support civil litigation via a range of measures:

·            Civil law advice and support

·            Tenancy agreements

·            Breach of contract

·            Client representation

·            Debt collection

Debt collection mostly includes cases that are related to delayed bills if companies, personal liability of selves, and amounts that are owned to bounced cheques.

Milani law firm houses in a number of specialized attorneys that work on all areas of collections and help in the recovery of the amount by means of negotiations, resolution or even civil and criminal litigations.

Our team of debt recovery attorneys sets up a recovery preceding that would suit your particular situation. Our team looks into the procedures and avenues in-depth which allows our team to come up with prominent and successful solutions in all possible cases and judgments.

If you are in search of a debt collection and settlement attorneys in Iran, our law firm, with all the experience will offer you the best legal services, would be required to successfully recover the fund by protecting your best interest. The debt collection and settlement services that we offer ensure an outstanding recovery of commercial debts from anywhere in Iran.

The legal services that we offer in cases related to debt collection include:

• Friendly negotiation and settlements

• Cheque bounce

• Legal proceedings

• Violation of contracts

• Violation of the legal agreements

We represent the clients before courts in which we intend to recover the debts. We provide the best service at reasonable cost. In addition, we also understand the fact that not being able to collect debts might add to the financial stress which affects you, thus we look into the smooth functioning of the legal proceeding.

If you need expert legal advice, please call us now.

International commercial arbitration is the type of arbitration that has two conditions; first, being a commercial dispute and second, being an international arbitration. The subject of commercial arbitration is mainly disputes in the purchase and sale of goods/services, transportation, insurance, financial affairs, consulting services, investment, technical cooperation, representation, agency, contracting and similar activities. It is an international arbitration while a foreign element is involved. With this description, the arbitration award issued in such disputes is an international commercial arbitration award.

International commercial arbitration awards issued outside Iran are enforceable under certain conditions. The international commercial arbitration award must first be recognized by the Iranian court, and then an order for its enforcement should be issued. After the enforcement order is issued, the international commercial arbitration award will be implemented according to the Iranian laws and using the available facilities.

The meaning of enforcing the judgements issued by foreign courts is to ask the Iranian courts to execute the judgment issued by the foreign court, just like domestic judgments. This is done by submitting a request to the competent Iranian court.

The enforcement of foreign court judgments in Iran is divided into two parts: civil judgments and criminal judgments, each of which is subject to certain conditions. The execution of the judgments of foreign courts in Iran is subject to special procedures and requires two stages. First, recognition and then, enforcement. If the judgment of the foreign court is valid according to the Iranian laws and there is no legal prohibition for its implementation, the Iranian court will recognize the judgment and then execute it. After the recognition and issuance, the order for the execution of the judgment of the foreign court by the Iranian court, the judgment will be executing according to the law on the execution of civil judgments of Iran, as a general law, and bilateral or multilateral treaties, if any.

In cases where there is a foreign element, the presence of an expert attorney is necessary. Because in these cases, due to the international aspects of the case, it is necessary to review and sometimes apply several laws from different jurisdictions. This causes certain complications in the case that only an experienced attorney in international affairs can solve.

Construction law is a division of law which relates to construction projects and procedures. Our attorneys offer a comprehensive breakdown of the legalities behind the entire process, providing peerless legal services in the field and ensuring you are in full compliance with any legal considerations and specifications. Construction law deals with planning, processing and completing construction projects, including those using the International Federation of Consulting Engineers (FIDIC) contracts.

At Milani law firm, the clients benefit from the vast experience of our attorneys across the Iran. Our amicable, skilled attorneys are well-versed in all aspects of construction law. We can provide specialized legal advice and representation to the clients involved in construction projects governed by FIDIC contracts or government projects. The team has experienced attorneys with a successful track record providing legal assistance to the local clients with international construction disputes and the overseas clients in general.

At Milani law firm, we have an extensive track record of successfully resolving disputes between landlords and tenants in both commercial and residential contexts. Our attorneys regularly work with tenants and landlords. Our attorneys work closely with the clients on every aspect of the landlord-tenant relationship in residential and commercial matters including negotiating leases, ending leases, non-payment, notices to vacate and evacuation.

Some of the issues our attorneys routinely handle include:

• Lease drafting and review

• Evacuation actions

• Nonpayment proceedings

• Breach of contract claims