Iran Mall Commercial Company (IMCC) as an outstanding and well-established company and a leading mall operator throughout Iran is the operator of Farmaniyeh Mall, Miral Mall, Mashhad Mall and the great Iran Mall project which is owned by Iran Mall Development Company.
Located at Hemmat Highway, North-West of Tehran, Iran Mall project presently has around 2,100,000 square meters total area and is the largest shopping mall in the region and amongst the top ranked and luxurious shopping malls in the world. It is approximately four years that this mixed-use complex is under construction by eminent contractors. The project consists of different features including the Shopping Center, Hyper Market, Sport Venues, Food Courts, Exhibitions, Fashion Square, Cinemas, Crystal Atrium, Car Show Room, Family Entertainment Center, Hotel and Parking Spaces, all under construction through utilizing the most recent technical facilities and building technologies.
As a result of its vast, divergent, complex and novel range of activities, IMCC has become engaged in numerous legal and contractual issues not previously raised or well-established in Iran. Therefore, this mixed-use and massive complex needs a comprehensive and highly detailed legal and contractual system especially with regard to the various types of contract it entails, in order for the complex to be managed in its best way and consistent with International practices regarding mall management.
Hatami & Associates as IMCC’s International Trade Legal Consultant has begun rendering its legal services from the very early stages of the project, covering construction and architectural consultancy agreements up to negotiation and conclusion of agreements with famous and luxurious brands, etc., and has even extended its legal consultancy services to various local aspects of the project.
In order to go down a bit more detailed, Hatami & Associates by assessing the project’s needs from a legal point of view as well as considering experiences of successful Malls has rendered its legal services as follows:
- Drafting different kinds of agreements,
- Rendering legal opinions regarding different legal aspects of the project,
- Registration of branch office or subsidiary in Turkey, England and Italy in order to facilitate IMCC’s trade relationships with foreign companies,
- Negotiation and correspondence with famous brands in order to conclude a suitable agreement with them,
- Policy making in cooperation with IMCC’s expert committees in order to adopt the best strategies for the operation phase of the project,
- Dispute resolution and providing peaceful solutions as to the disputes.
The main types of International Trade Agreements drafted by Hatami & Associates are as follows:
1. Agreements Related to Construction Phase:
- Construction Agreement
- Architectural Consultancy Agreement with NORR
2. Preliminary Agreements:
- Letter of Intent (LOI)
- Memorandum of Understanding (MOU)
- Heads of Terms (HOT)
- Non-Disclosure Agreement (NDA)
- Framework Agreement (FWA)
3. Agreements Related to Brands Activity at Iran Mall:
- Lease Agreement
- Master Franchise Agreement
- Joint Venture Agreement
- Store Operation Agreement
- Store License Agreement
- Unit Franchise Agreement
- Wholesale Distribution Agreement
- Area Representation Agreement
- Brand Agency Agreement
- Branded Distributer Marketing Agreement
- Brand Licensing Agreement
- Joint Marketing Agreement
4. Miscellaneous Agreements for Divergent Affairs of Iran Mall:
- Agency Agreement
- Master Agency Agreement
- Exclusive Brokerage Agreement
- Management Agreement
- Sponsorship Agreement
- Employment Agreement for Foreign Employees
- Strategic Collaboration Agreement
- Different Kinds of Service Agreements:
- Design & Architectural Service Agreement
- Store Design Agreement
- Pre-Contract Services Agreement
- Security System Design Agreement
- Assistance and Service Agreement
- Training Agreement
- Designing Site Agreements
- Educational Agreements
- Share Holders Agreements
- Loyalty System Contract
- ERP Sale and Development Agreement
- Outsourcing Agreement
- Hotel Management Agreement
- Assistance & Services Agreement, Retail Design & Delivery
- Operation and Maintenance Agreement
- Partnership Agreement
- Telecom Site’s Agreement
- Booth Participation Agreement
- Franchise Agreement
- Territorial Exclusivity Agreement
- Different Kinds of Consultancy Agreement:
- Economic Consultancy Agreement
- Financial Consultancy Agreement
- Human Resources Consultancy Agreement
- Consultancy Agreement for Animation and Rendering Project
- Car Market Consultancy Agreement
- Market Consultancy Agreement
The Firm has also provided legal services as to different Soft Opening Committees (SOCs) of IMCC, including:
- Participation in the numerous SOC Meetings
- Investigation about Required Permits to be Obtained for Operation of Each Section of Iran Mall
- Responding to Legal Queries of SOCs
- Accomplishing Due Diligence
- Draft of Special Agreements for Different SOCs:
- Draft of Joint Venture Agreement for FEC
- Draft of Master Franchise Agreement for F&B
- Comment & Legal Opinion on Proposed Agreements
- Legal Opinion as to Business Plans of SOCs
- Draft of Necessary Manuals and Instructions for Different Sections of Iran Mall:
- Tenant Manual
- Manual of Tenant Design and Fit-out Criteria
- Lessee’s Manual for F&B Demised Premises
- Manual for Transportation Operators of F&B Demised Premises