Head Legal Counsel –EPC Construction Contracts & Board Compliance
Saudi Aramco ExxonMobile Refinery (“SAMREF”)
مجموع سنوات الخبرة :28 years, 5 أشهر
Achievement(s): (1) Restructured the Legal Department & Established the Legal Contracts Review Policy and follow up. (2) Updating the Company’s 30 years old Memorandum and Articles of Association (3) Assisted the company in resolving cases and issues with third parties. . (4) Establishing Governance & Regulatory Compliance Department from scratch under the supervision of Corporate Department. (6) Successfully resolving a Multi-million dollars law suit against a third party.
Role: • Provide guidance on contract matters to sales managers or other operational staff, including contracting practices and procedures, u upstream (concession agreements, production sharing agreements) downstream (offtake agreement, licensing agreements, shareholding agreements..
• Act as Stand In-Board Secretary, in his absence, and alternatively, advise the Board Secretary on Corporate Governance, Compliance and the Shareholder’s Agreement. Training and supervising junior lawyer, train and educate key staff members with respect to business code of conduct, regulatory compliance, anti-bribery and anti competition.
• Working on Upstream, Midstream & Down Stream EPC & EPCM Contracts. Monitoring compliance and review and negotiate of the Company’s overall contracts and Infrastructure, EPC, EPCM, and Turn Key Contracts and agreements with government agencies and third parties.
• Provide legal advice on all legal matters of the Company.
• Ensuring the Company is in compliance with all local rules and regulations.
• Manage the relationship with specialist external legal firms and practitioners as required. And manage external lawyers.
• Analyze formal complaints against the Company and advise on measures of action.
• Ensure proper legal consultations are provided to all departments.
• Negotiate transactions, review and draft the Company’s contracts.
• Give periodical updates to the Executive Management about the Company’s contracts, its end dates and renewal dates.
Achievement(s):
(1) Established the Legal Department for the Company, (2) drafting the Board Committees policies and Board By-laws, (3) assisted the HR in solving the problems of a large number of employees and (4) streamlining all the regulatory and compliance issues of the Company in line with Saudi Arabia Regulations.
Role:
• Draft, evaluate, negotiate and execute contracts including Non Disclosure Agreements, Software Licensing Agreements Partnership/ Teaming Agreements, sub-contracting agreements, etc.
• Board Secretary and advisor to the Board of Directors and CEO on matters of company law and corporate governance.
• Structure complex integration projects
• Drive the creation of the commercial strategy
• Ensuring the Company is in compliance with all local rules and regulations.
• Training and supervising junior lawyer, train and educate key staff members with respect to business code of conduct, regulatory compliance, anti-bribery and anti competition,
• Manage the relationship with specialist external legal firms and practitioners as required. And manage external lawyers.
• Managing and supervising eight employees under the umbrella of the Legal Department of the Company and manage the Company’s litigations.
• Analyze formal complaints against the Company and advise on measures of action.
• Ensure proper legal consultations are provided to all departments.
• Negotiate transactions, review and draft the Company’s contracts.
Achievement(s):
(1) Established the Legal Department for the Company, (2) drafting the Board Committees’ policies and Board By-laws, (3) streamlining all the regulatory and compliance issues of the Company in line with Saudi Arabia Regulations, and (4) assisted the Company in solving issues with its Contractors the cost of which was over 32 million dollars.
Role:
Based on in depth knowledge of EPC PPP, FIDIC construction contracts:
• Drive the drafting, negotiation and finalization of the contract
• Manage record keeping for all contract-related correspondence and documentation such as receipt and control of all contract correspondence, customer contact information sheets, contractual changes, status reports and other documents for all projects
• Develop and implement procedures for contract management and administration in compliance with company policy. As appropriate, contribute to or influence company policies
• Act as an advisor to the Board of Directors and CEO on matters of company law and corporate governance.
• Provide accurate and timely advice on all legal matters of GCCIA (i.e., Energy and Electricity infrastructure EPC and Turn Key contracts.
• Manage the relationship with specialist external legal firms and practitioners as required
• Manage litigations.
• Analyze formal complaints against GCCIA and advise on measures of action.
• Ensure proper legal consultations are provided to departments.
• Prepare legal matters for contracts, agreements and decisions.
• Review and approve all contracts, agreements and warnings.
• Receive, review and advice on all legal affairs related to personnel.
• Review the texts of standard contracts, NDAs and Licensing agreements and forms.
Achievement(s): (1) Established the Legal Department for the Company, (2) involved in in-depth negotiations of Telecom Infrastructure Turn Key Contracts, BOT Contrast and EPC agreements with Saudi Telecom, QATAR Etislalat and Mobily. (3) awarded the Golden in Contract Negotiations among 200 internal Lawyers worldwide 2008, (4) assisted the company in retrieving large amounts of money from its clients, (5) negotiated big deals with Vodafone in Luxemburg Belgium from 14th to 28th April 2008 in Luxembourg Novotel Center, (6) Contract negotiations with Vodafone in London, from May 6, 2008 to May 18, 2008 as extension to the same project.
Role
• Provide commercial contract consulting, negotiation, and structuring services to the Company’s International and Commercial businesses consistent with its policies and with the objective of concluding business agreements to help the Company achieve its target revenue, and profit goals, including mitigating business risks. Support commercial and international clients located primarily in the MENA region.
• Draft, review and negotiate all Telecom Agreements, Telecom Towers, (EPC, BOT and Turn Key Contracts), based on FIDIC forms and Contracts and International Sale of Goods Incoterms.
• Review sales agreements and contracts, Project Finance Agreements and close legal follow up and monitoring with the main Company’s Departments (i.e., Sales and Operation).
• Ensuring he regulatory oversight, business code of conduct governance and anti bribery are complied with, to prevent monopoly firms from charging excessively high prices.
• Training and supervising junior lawyers, train and educate key staff members with respect to business code of conduct, regulatory compliance, anti-bribery and anti competition,
Role:
• Lead role in telecom regulation and transactions together with conduct of broad ranging corporate-commercial matters.
• Carried out the restructuring of several UAE companies owned by US parent companies such as Burt Hill Kosar Rittelmann Associates, General Electric Motors and Aramex International Limited.
• Prepared the memorandum and articles of associations of UAE companies in which the US and/or British company is a partner, certificates of board resolution power of attorneys and other documents in both Arabic and English format.
• Research on local and International laws and cases providing written advice to clients on the differing legal and regulatory regimes. Research on GCC laws regarding corporate, commercial and banking matters, mergers, acquisitions, divestitures, corporate reorganizations and restructurings, joint ventures and other investment transactions; securities and project finance in both English and Arabic
• Advised on and drafted e-commerce, technology transfers and intellectual property agreements;
• Reviewed and carried out due diligence on real estate, construction and infrastructure projects;
• Drafted, reviewed and assisted in registering distributorships, franchise and agency agreements;
• Involvement in and labour and other regulatory matters by liaison with local authorities, drafting termination and release agreements and confidentiality agreements.
• Carrying out due diligence documents regarding public joint and private joint stocks companies.
• Translation of complex legal documents Arabic English and vice versa.
• Routine and Active liaison and interaction with all government Authorities in UAE. Good inside and social contact with employees of all governmental departments.
• Registration, deregistration and liquidation of companies, obtaining trade licenses, registration of trademarks, trade names and patents. Extensive experience of dealing with off-shore companies and registration of branch offices.
Role:
• Drafting and editing contracts, legal documents, writing pleadings of in commercial law.
• Establishment of companies, drafting of memorandum of association and other joint ventures documents.
• Banking: based on a retainer agreement with National Bank of Umm Al Quwain, Dubai Islamic bank and Standard Chartered Bank, was responsible for all litigation and contracts regarding those two banks.
• Drafting pleadings regarding trademarks and other litigation cases.
• Legal analysis and legal advice.
• Real Estate: responsible for all real estate contracts, starting from purchase or lease of the land, contract and agreement with the consultants, financing the real state project, leasing of units, interior design contracts, contracts with the developer, contracts with contractor, and any sub-contract therein.
Role:
Providing legal assistance to senior legal advisors, helping to adapt uniform agreements to the needs of new contracting client. Playing a major role in the documentary credit department reviewing retail agreements. Issuing legal notices to defaulting clients who failed to make regular payments to their credit cards and/or loans. Followed up with proceedings in the courts.
Intellectual Property, patent, copyright and trade-marks Modules I took in addition to the above include, industrial design, World Intellectual Property Organization (WIPO) administered registration system, unfair competition, protection new varieties plants unfair competition and geographical indication. 3. WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) Geneva Intellectual Property Certificate, Specialization Program DL 101 4.
Master in Business Law –Intellectual Property, patent, copyright and trade-marks Modules I took in addition to the above include, industrial design, World Intellectual Property Organization (WIPO) administered registration system, unfair competition, protection new varieties plants unfair competition and geographical indication.
International Law of Organizations & Business Law
–Common Law