Corporate Advisory Team

Fathi Karam

Associate

Email:fathi@markazlaw.com

Tel: +965 22 46 4640

Practice Focus:

Mr. Fathi Karam is an Associate in the firm's Corporate Advisory Department. Prior to joining the firm in 2019, he developed his extensive legal expertise by working in a local leading construction company for several years, gaining a wealth of experience in the legal and financial practice that surrounds the respective fields. He emphasizes his practice in construction, civil, corporate and commercial legal consultancy, handling matters that involve the application of civil law, corporate law, administrative law, construction law and labor law. He has significant experience representing foreign and domestic corporations in local & international arbitration cases and construction & engineering disputes. Mr. Karam holds over 11 years of PQE between Egypt and Kuwait.

Representative Legal Matters:

• Acted as a support council for a Japanese multinational conglomerate on the Kuwaiti law elements of their corporate restructuring following a Company Split under Japanese laws. This entails advising on the structuring process in Kuwait, and associated regulatory compliances, required disclosures of material changes in corporate structure, and examining ongoing agreement that require any assignment following the completion of the corporate restructuring
• Acting as a support council for an arbitration case brought by a consortium of multinational contractors against a local bank relating the liquidation of the advance payment bond, performance bond, retention bond. The arbitration proceeding is administered by the International Arbitration Rules of the International Chamber of Commerce (ICC). The claim value is US $ 46 million.
• Acting as a support council for renowned regional Jewellery company against Kuwait Public Authority in both a civil and a criminal claim, in relation to custom charges of KWD 2 million
• Advised a regional oil and gas services company on the incorporation of a legal entity in Kuwait, through which they may directly participate in local tenders. The first phase of this advisory work includes advising on the possible corporate structure, KOC and Central Tenders Committee qualification requirements, licenses and approvals, and the means of hiring labour for upcoming projects.
• Acted as a support council for a construction company in the litigation brought against them in Kuwait, following the termination of a consultancy agreement by the client with its partner.
• Acted as a support council for a construction company on the structuring of a JV under English Law between the client and a local Kuwaiti contractor, for the purposes of bidding for a PPP waste management project. This included advising on the enforceability of the JV under Kuwaiti law, the legality of the JVs bid for the project, risk exposure and mitigation, and available courses of action to the Parties.
• Acting as a support council for Joint Venture (a multinational EPC consortium contractor) in relation to its construction claim against the main contractor in relation to the EPC Clean Fuels Project. The subcontract is valued at approximately KWD 76,000,000.00.
• Acting as a support council for Joint Venture in relation to the legal proceedings initiated against a regional Bank for failure to liquidate three unconditional performance bond issued in favor of the client by the counterparty.
• Acted and advised a regional logistics company on a dispute with their employees in relation to wages and overtime pay in accordance with Kuwait Labour law.

Languages : English & Arabic

Professional Association and Memberships:Egyptian Bar Association (2009)
Egyptian Court of Appeal (2016)

Education: Bachelor of Law from Alexandria University, Egypt (2006)