Zafar Iqbal Muhammad

Concession Agreement Dispute

Acted as a part of team representing a private party against an Emirati Government in a multi-hundred-million-dollar infrastructure dispute under the International Chamber of Commerce (ICC) Rules relating to the development and operation of a significant national port.

Construction and Supply of Port Equipment Dispute

Acted as a part of team representing a private party in an international commercial arbitration against one of the biggest crane manufacturing companies in the world in a 79 million US dollar dispute under the ICC Rules relating to the construction, manufacturing and sales of cranes for Damietta port.

Infrastructure Dispute

Acted as a part of team representing a private party in an international commercial arbitration against an international JV in a multi-hundred million US dollar infrastructure dispute under the ICC Rules relating to a contract, for construction of a fully equipped quay wall at the Container Terminal, at Damietta port in Egypt, granted under concession agreement.

Investment Dispute

Currently advising an international investor on a potential international investment arbitration case against a state for expropriation of its investment. The arbitration proceeding will be administered by International Centre for Settlement of Investment Disputes (ICSID).

International Commercial Dispute

Assisting an International Law Firm in a commercial international arbitration case involving dispute between two partners over distribution of assets worth multi-billion dollars (i.e. 1133 Million Kuwaiti Dinars approximately) in multiple jurisdictions. The case involves a large number of financial claims and counterclaims with varying levels of complexity.

International Financial Crime case

Acted as Kuwaiti Law Expert for an international financial institution with its defence in proceedings related to an international financial crime case, involving amount of 700 plus Million USD, filed by a Public entity in multiple jurisdictions relying on various provisions of criminal and civil laws.

International Financial Crime case

Advised an international oil and gas company on multiple issues including strategic advice in relation to protection of their interests under an international joint venture operating in multiple jurisdictions. Advised the client on numerous potential claims and defences involving 2 Billion USD related to financial mismanagement investigations, misuse of public funds, bribery, non-compliance, among other diverse subject matters.

International Consultancy/Advisory Services

Advisory to an International Bank

Rendered strategic advice to a renowned regional bank on banking disputes involving subject matters related to assignment of loan facilities, refusal of demand guarantees, and claims under counter guarantees involving amounts of 23 million Kuwaiti Dinars (equivalent to 75 million USD approx.).

Advisory to an International OEM

Assisting an international Original Equipment Manufacturer of fire extinguishment systems for oil storage tanks with resolution of their contractual dispute involving 8.3 million USD through ADR. Dispute involved shipment of materials under a Design, Engineering, Manufacturing, Calibration, Testing, and Supply of Automatic Rim Seal Fire Protection System and overdue payments.

Advised and Assisted a Kuwaiti investment management company (Client) with filing of criminal and civil cases against defendants for breaching their declaration of trust in relation to shares held on behalf of the Client through a complicated structure of multiple local and foreign companies in an entity listed on London stock exchange having value of assets up to £18,035,372 in three jurisdictions, namely, Kuwait, Jersey and the United Kingdom. These cases included criminal complaint for breach of trust in relation to shares held on behalf of my client and civil case for recovery of shares and damages in Kuwait; obtained a freezing order over the Assets relating to the aforementioned corporate structure holding shares of value equivalent to £18,035,372 to preserve trust assets and restrain the Defendants from dissipating assets in breach of trust and an order for disclosure of information from the defendant; obtained a proprietary Injunction order against the Defendants restraining them from selling or transferring their shareholding in UK entity listed on London stock exchange having value of assets up to £18,035,372 and successfully obtained Norwich Pharmacal order against the defendants.
Advised one of local oil and gas major service provider companies on a high value transaction through a joint venture with a foreign company specialized Waste Management Services on a joint project to perform Oil Base Mud (OBM) Drill Cutting Remediation and Treatment Services for one of the major state owned companies for a total contract value of 10,176,195 KWD (ten million one hundred seventy-six thousand one hundred ninety-five Kuwaiti Dinars) (equivalent to thirty-three million eight hundred twenty-six thousand twenty-nine US Dollars approx.).
Advised Industrial and Commercial Bank of China Limited on multi-million-dollar Credit Facility with a prominent Chinese construction company for one of its Kuwaiti Projects.
Advised a large investment holding company, specialised in managing integrated services portfolios across the MENA region, in respect of structure and the suite of agreements related to a USD 22 Million Sharia-compliant Murabaha facility transaction with a UAE based International bank.
Advised Industrial And Commercial Bank Of China Limited on entering into Credit Facility Agreement with a prominent Chinese construction company for one of its Kuwaiti Projects.
Advised a foreigner client on best possible structure of a sale and purchase transaction of real estate in Kuwait through a local trustee involving the contract amount of 430,000 KWD (four hundred thirty thousand Kuwaiti Dinars) (equivalent to one million four hundred twenty-eight thousand nine hundred forty-two US Dollars) and prepared all the pertinent documents to ensure protection of his interests vis a vis the seller as well as the trustee.
Advised a Consortium on various contracts related to the multi-billion dollar EPC Contract for Construction of Um Al-Hayman Wastewater Treatment Plant project, awarded under the PPP scheme by the Kuwait Authority for Partnership Projects (KAPP).
Advised a client company on a transaction related to purchase of shares of value equivalent to 24,014,697.57 US Dollars in a Contracting Company, approved by the Central Tender Committee, by way of a share purchase agreement.
Acted as a Kuwaiti counsel for the provision of a legal opinion for an international contractor in relation to its payment claims against the Employer (KOC) in relation to oil wells drilling.
Advised an international client on an international transaction related to Aviation Industry involving approximately 130 US million Dollars of contract value.
Advised an International client on termination of their concession lease contract agreement, involving lease amount of 336000 KWD (three hundred thirty-six thousand Kuwaiti Dinars) (equivalent to one million one hundred sixteen thousand nine hundred eighty-nine US Dollars), pursuant to Kuwaiti Laws.
Advised a public authority PAHW on multiple PPP Projects. Advised on historic major transactions, constituting the tendering of the design, construction, finance, operation, maintenance and transfer of investments Zones. Advised and drafted all documentation with respect to the Feasibility Study, Expression of Interest, the Request for Qualifications and the Request for Proposal.
Advised an oil and gas drilling company on merits of its potential case over non-payment of its invoiced Standby Charges and Deductions made by a public entity. Provided the client with a comprehensive case assessment report highlighting strengths and weaknesses of its case.
Advised on the purchase of 70% of shares of value equivalent to 24,014,697.57 US Dollars in a Contracting Company, approved by the Central Tender Committee, by way of a share purchase agreement.
Advised a major local telecommunications service provider on Master Service Agreement for procurement of services from an international telecommunications service provider.
Advised a major local Internet service provider on Master Service Agreement for procurement of specialised Internet Filtering Solution from a Netherland based International Company.
Advised one of largest local technology companies on its Services Contract with an International Bank based in Kuwait.
Advised a local technology company on a teaming agreement with one of its international partners for joint bidding for a public contract related to Supply, Installation, Operations & Maintenance of Fiber Optical network Devices.
Advised an international manufacturer and exporter of a sportswear and sportswear equipment company on multiple international sales agency and distribution agency agreements.
Advising on an international transaction related to Aviation Industry involving approximately 130 US million Dollars of contract value.
Advised an international oil and gas company on multiple issues including strategic advice in relation to protection of their interests under an international joint venture operating in multiple jurisdictions. Advised the client on numerous potential claims and defences involving 2 Billion USD related to financial mismanagement investigations, misuse of public funds, bribery, non-compliance, among other diverse subject matters.