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Dr. Lotfi Ben Fatma

Dr. Lotfi Ben Fatma

About Dr. Lotfi Ben Fatma

EDUCATION

– Bachelor of Law 1990, University of Tunisia, Republic of Tunisia.
– Masters of Law 1992 on Les Pratiques anti-con cusen ueffes .
– PhD on Private Law on Les Abus de Domination Economique in 2007.
PRACTICE AREA
– Stock Exchange
– Corporate Governance
– Insolvency – Restructuring
– Offset Projects
– Joint Ventures
– BOT Projects – Similar Systems
– Securization
– Arbitration – Conciliation
EXPERIENCE
– His experience in Corporate governance services include counseling in the following areas: composition of boards of directors -committees; development of board -committee charters -governance standards; management of audit committees and rsquo; relationships with independent auditors; director -officer fiduciary duties regarding ongoing corporate governance -transactional matters, including change of control -interested party transactions; compliance with disclosure -related requirements under securities laws -related regulations; Kuwait Stock Exchange regulatory compliance; development of corporate governance compliance programs -codes of ethics; special committee investigations of corporate wrongdoing; responses to regulatory inquiries -investigations, insolvency, restructuring, financing -securization.
– He also represents both principals -agents on various types of JVs -establishment of companies.
Moreover, assist foreign companies -contractors on offset rules -obligations.
– Special Expertise in Anti Trust Law, he gained an extensive experience in Contracting works -review of tender terms, biddings procedures, their contracts -dispute resolution in Public Service, infrastructure – B.O.T projects.
– Specialized in drafting – reviewing contracts, as well as establishing various types of companies -establishment of investment funds – portfolios – special expertise in investment law, taxes – the offset program.
– Follows up -provides consultations on arbitration cases (local -international); drafts -reviews arbitration agreements, arbitration disputes, award enforcement -challenge, whether before arbitration panels or as a member thereof.
Legal Representation
– Represented a foreign company in power plant project through BOT system.
– Assisted foreign multinational on establishment of a JV
– Advising Kuwaiti based holding company on various matters related to corporate governance.
– Represented several companies in arbitration disputes before different local, regional -international arbitration panels.
Speeches – Presentations
– The Role of Corporate Governance in Insolvency -Restructuring
– Commentary on Privatization Law No.37/2010 of Kuwait.
– Commentary on Public-Private Partnerships Law No.7/2008 -other related laws; Law No.39/2010 – No.40/2010.
– Competition Provisions in Kuwait Law.
– Comparative study between Kuwait Offset Program -other similar GCC programs.
– Mergers – Acquisitions: Importance for Insolvent Companies.
– Memberships
Attorney before Cassation Court.
Languages
Arabic: Native language
French: fluent
English: fair knowledge

Q&A With Dr. Lotfi Ben Fatma

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