John Cunha

Practice Areas

Banking & Finance

Capital Markets & Securities

Competition

Corporate

Mergers & Acquisitions

Private Equity

Professional Memberships

Admitted as a Solicitor (England and Wales), 2007

Admitted as an Attorney (South Africa), 2000

Career

John is a banking and finance, capital markets and M&A partner based in Kuwait and has been with the firm since 2006. His expertise extends beyond Kuwait, holding esteemed qualifications as a solicitor of the Senior Courts in England and Wales, as well as an attorney in the High Courts of South Africa.

With extensive experience, John is a highly regarded advisor on debt capital markets transactions in Kuwait. He offers comprehensive counsel to issuers, arrangers, and underwriters, navigating a diverse range of debt and liability management transactions. Moreover, he provides invaluable guidance to local and international financial institutions on national regulations, derivatives, repos, securities lending, and credit support documentation.

John's practice encompasses a broad spectrum of international banking and finance matters, representing both lenders and borrowers. From local bilateral deals to intricate cross-border syndicated facilities and project financing, he adeptly manages complexities to ensure seamless execution.

Consistently recognized as a leader in his fields by prestigious legal publications such as Chambers and Partners, John's dedication and expertise underscore his commitment to delivering exceptional legal services to clients worldwide.

Experience

Kuwait Sovereign Bonds Issuance: Advised the State of Kuwait, acting through the Ministry of Finance and represented by the Kuwait Investment Authority, on the establishment of its Global Medium Term Note (GMTN) Programme and Kuwait’s inaugural dual-tranche, US dollar-denominated international debt capital markets issuance thereunder. The Notes issued on 20 March 2017 for USD8-billion, were offered and sold in reliance on Rule 144A and Regulation S and were admitted to trading on the Irish Stock Exchange and the London Stock Exchange.

USD3.4-billion Acquisition of Kuwait Food Company (Americana): Provided counsel to the acquirer of a 93.4% stake in Kuwait Food Company (Americana) a then Kuwaiti listed entity. This was a complex public acquisition transaction with a record-breaking deal value of approximately USD3.4-billion. The transaction set several precedents and landmarks in addition to winning the prestigious IFLR M&A Deal of the Year Award for 2017.

ECA Financing: Offering guidance to a syndicate of lenders consisting of seven Export Credit Agencies in relation to the financing of Kuwait National Petroleum Company Clean Fuels Project. The overall cost of the project is KWD3.4-billion (USD11.35-billion), and is part of the Kuwait’s KWD30-billion (USD100-billion) economic development plan.

Privatization of the Kuwait Stock Exchange (Boursa Kuwait): Advised the Capital Markets Authority (the CMA) of the State of Kuwait in relation to the landmark privatization of the Kuwait Stock Exchange (now known as Boursa Kuwait) which culminated with the sale by the CMA of 44% of its shares held in the capital of Boursa Kuwait through a developed bidding process. This resulted in the winning bid being placed by the international consortium comprised of the Athens Stock Exchange, National Investments Company, Al Oula Investment and Arzan Financial Group.

Languages Spoken

English, Portuguese and Afrikaans

Education