The Firm has extensive experience in handling arbitrations and arbitration related issues with respect to both domestic and international arbitration regimes.

The Firm has been engaged by the Competitiveness Support Fund, which is associated with the Ministry of Finance, to advise with respect to the repeal of the Arbitration Act, 1940 and its replacement by a new arbitration regime. 

All three partners were appointed by Pakistan as participants to the UNCITRAL Working Group II (Arbitration and Conciliation) held in February and September 2009. Pakistan was elected Rapporteur to the session in September 2009.

The Firm is currently advising the Pakistan Commission for Indus Waters as the lead local counsel with respect to issues relating to the Indus Water Treaty, 1960. Earlier, the Firm was counsel for Pakistan in the dispute with India relating to the design of the Baglihar Hydro-Electric Plant. This dispute was decided by a Neutral Expert appointed by the World Bank and was the first of its kind to be adjudicated. 

The Firm also assisted the Attorney General for Pakistan in representing the Federal Government before the Supreme Court of Pakistan in a dispute arising out of an arbitration relating to the quantum of profits payable by the Federation to the North West Frontier Province. 

The Firm has acted as counsel for Pakistan in the construction and public international law disputes with Impregilo of Italy and Bayindir of Turkey both filed before arbitral tribunals constituted by the International Centre for the Settlement of Investment Disputes (ICSID) in Paris. The Firm has appeared before the ICSID tribunal in the Bayindir case as co-counsel in a panel consisting of international arbitration law experts from London and Paris. The award in the Bayindir case dismissed the US$ 756 million claim by Bayindir against Pakistan in its entirety. The Firm also assisted the Attorney General for Pakistan in the case involving SGS, a Swiss pre-shipment inspection company which was challenging arbitration in Pakistan as being precluded by Pakistan’s commitments under the ICSID Convention. On a related note, the Firm was appointed to the high-level committee set up to negotiate Bilateral Investment Treaties on behalf of Pakistan and advised the Government on related issues.

The Firm acted for the Pakistan Water and Power Development Authority in proceedings involving a broad spectrum of construction law issues arising out of the Ghazi-Barotha Hydropower Project before the Disputes Review Board and the arbitral tribunal constituted under the FIDIC contracts.

The Firm was involved in the well known arbitration related litigation between the Pakistan Water and Power Development Authority and The Hub Power Company Limited. Members of the Firm assisted senior counsel in the landmark Hitachi Limited case before the Supreme Court of Pakistan. Members of the Firm also assisted senior counsel in an LCIA arbitration in London.

The Firm has represented a multinational oil company in a multi-million dollar ICC arbitration arising out of a contractual dispute with one of its site contractors. The Firm is also  currently representing a Dubai based company with respect to disputes regarding broadcasting rights in Pakistan. The Firm has also advised a Karachi based group of companies in connection with ICC arbitration proceedings initiated against it by an international telecommunications conglomerate. The Firm is also acting in a number of domestic arbitrations and the partners have all appeared in Court in arbitration related matters, including the recent dispute between the International Cricket Council and the Pakistan Cricket Board.

The Firm has substantial experience in dealing with issues relating to the Power and Energy Sectors. Members of the Firm advised and were involved in a number of the Independent Power Producer projects that were set up in the mid-1990s, particularly with respect to the preparation and negotiation of various project contracts, acting variously for the project company, the lenders and the EPC and O&M contractors.  

Subsequently, the Firm was involved in litigation arising out of similar IPP contracts, including most prominently, the disputes between the Government of Pakistan, WAPDA and The Hub Power Company Limited.  More recently, the Firm has been engaged by senior counsel to assist in representing The Karachi Electric Supply Company Limited in litigation initiated by Siemens (Pakistan) Engineering Company Limited for the recovery of approximately US$ 46 million. 

Members of the Firm have regularly advised and represented WAPDA, including in the dispute between WAPDA and The National Grid Company plc. Members of the Firm have also appeared before the regulatory body NEPRA with respect to issues such as the licensing of Small Power Producers and the setting of tariffs by NEPRA.

In 2003, one of the partners of the Firm was appointed by the Asian Development Bank as a consultant to prepare a report on hydropower generation and to present recommendations to increase the involvement of the private sector in hydel power generation. One of the partners of the Firm is also currently acting as a legal consultant with respect to an ADB project relating to increasing energy efficiency in Pakistan. In June 2008, one of the members of the Firm delivered a paper at an international energy conference on the Energy Charter Treaty and its relevance to the proposed Iran-Pakistan-India (IPI) pipeline.

The Firm was also engaged to advise the Government of the Punjab in the development of a new policy regarding private sector hydel power generation on the canals of the Province. 

The Firm has represented Jamshoro Joint Venture Limited in negotiations with Sui Southern Gas Company Limited, the O&M and EPC Contractor and a consortium of domestic banks regarding the setting up of an LPG extraction plant at Jamshoro. The Firm has also been involved in litigation relating to the Energy Sector. It has represented a number of LPG companies before the High Court of Sindh in challenging the mode and manner of the allocation of quotas. The Firm is also representing the LPG Association of Pakistan in its challenge to the jurisdiction of the Competition Commission over the issue of LPG pricing. The Firm is currently assisting senior counsel in cases for Pakistan Petroleum Limited and BP Pakistan Exploration and Production, Inc. pending before the Supreme Court of Pakistan.

Recently the firm advised the owner of a major power generation plant in negotiating and settling the contracts for increasing the capacity of the plant.  

The Firm represented a group of local telecommunication companies in challenging the validity of predatory pricing by the Pakistan Telecommunication Company Limited. The challenge resulted in a subsequent decision by the Pakistan Telecommunication Company Limited to reduce broadband prices. The Firm also represented the same group of telecommunication companies in a hearing before the Pakistan Telecommunications Authority with respect to broadband pricing and other operational concerns. The Firm has advised a Dubai based telecommunications company in establishing and marketing telecom services throughout Pakistan. The Firm was engaged by Pak Telecom Mobile Limited to advise on the handling of an international tender for the nationwide expansion of the GSM Network in Pakistan. One of the partners of the Firm has also lectured on the deregulation of Pakistan’s telephone sector. The Firm has also regularly advised telecommunications and IT companies on issues relating to confidentiality of software products being developed for international customers and other corporate issues. The Firm has also advised a Dubai based media company in developing a television cable service in Pakistan.

The Firm has assisted senior counsel in representing a number of telecommunication companies in challenging various determinations by the Pakistan Telecommunications Authority with respect to licensing issues. Members of the Firm have assisted senior counsel in representing Network Television Marketing (Pvt.) Limited in a landmark case which challenged the termination of a marketing agreement by a government controlled agency. 

The Firm represented a Karachi based group of companies in connection with disputes arising out of shareholders’ agreements in two of the biggest telecommunication companies operating in Pakistan. The Firm acted as counsel in cases initiated by the Pakistani shareholders against their foreign partners and also negotiated and prepared the settlement documents. The Firm also advised a telecommunications company in preparing an appeal against an order by the Pakistan Telecommunications Authority whereby the license of the company had been terminated. Recently, acting for the same company, the Firm challenged certain aspects of the Mobile Telecom Policy of 2004 as being unlawful and also filed a suit for recovery of US $ 931 million against the Federation of Pakistan and the Pakistan Telecommunications Authority.

The Firm was engaged by the Securities and Exchange Commission of Pakistan to assist with respect to proceedings filed against the directors of Crescent Standard Investment Bank Limited. The Firm also assisted and advised the Securities and Exchange Commission of Pakistan with respect to its decision to take over the management of Crescent Standard Investment Bank Limited. The Firm has been involved for the past several years in most of the various cases arising out of the Stock Exchange crisis of 2000. The Firm is currently defending certain investors and stock exchange members in proceedings initiated by the Securities and Exchange Commission of Pakistan as well as in civil suits filed by the Lahore Stock Exchange. The Firm is also counsel for a prominent investor in an appeal filed by the Lahore Stock Exchange against a landmark judgment for damages of approximately US$ 7.83 million which judgment was earlier won by the Firm. The Firm has subsequently filed a similar suit for another investor challenging the illegal sale of pledged securities which is currently pending. The Firm is assisting senior counsel in acting for one of the major securities houses before various forums in the regulatory action being taken against it by the SECP and the State Bank of Pakistan. Members of the Firm have also regularly appeared before the SECP on corporate compliance issues.

Competition Law

The Firm is currently assisting senior counsel in the dispute between a member of the LPG industry and the Competition Commission of Pakistan.

Advisory Services
The Firm regularly advises clients with respect to general corporate issues, domestic and foreign investment issues, banking issues as well as intellectual property issues.  The Firm routinely handles employment and labour-related issues on behalf of clients. This includes not only structuring employment contracts so as to maximise the chances of employee retention, but advising clients on general labour regulation issues. For example, the Firm recently advised a major client as to whether a former employee was entitled to payment of a bonus, either on a statutory or a contractual basis.  The Firm has also advised prospective employers on the enforcement of trade-restrictive employment clauses in the contracts of individuals formerly employed by other members of the same industry.

The Firm also advises and handles competition related issues on behalf of its clients. For example, the Firm successfully initiated litigation on behalf of a group of internet service providers regarding predatory pricing by the recently privatised telecommunications provider. The Firm also subsequently appeared before the Pakistan Telecommunications Authority in hearings related to the matter. The Firm has recently challenged the jurisdiction of the Competition Commission on matters related to pricing of LPG, and obtained injunctive relief from the Lahore High Court against the show cause notice issued to the LPG Association of Pakistan.

Corporate and Banking Litigation Services
The Firm has extensive experience in litigating a wide variety of corporate and banking issues. The Firm has both filed and defended cases relating to the rights of minority shareholders. The Firm is currently defending a large number of cases filed by the liquidators of BCCI against a local company. The Firm is acting for the Privatisation Commission in a set of cases.

The Firm has acted in numerous cases filed by and against financial institutions under the various recovery laws of Pakistan. This area of expertise was recognised by the Lahore High Court which appointed one of the partners of the Firm as an amicus curiae in a case challenging the constitutionality of certain provisions in the Financial Institutions (Recovery of Finances) Ordinance, 2001.  The Firm is currently acting for Standard Chartered Bank and Soneri Bank Limited in various recovery suits. The Firm has advised the National Bank of Pakistan in various matters. In addition, the Firm is representing various borrowers in recovery suits filed by various banks, including, MCB Bank Limited, National Bank of Pakistan, Habib Bank Limited and Bank Alfalah Limited. The Firm has also acted for borrowers in suits for damages and/or rendition of accounts against banks

The Firm has also handled cases involving both corporate and personal insolvency. Again, the expertise of the Firm in this area was recognised by the Banking Law Review Committee of the State Bank of Pakistan which engaged one of the Firm’s partners to serve as the primary draftsman in preparing a revised corporate insolvency regime based largely on the provisions of Chapter 11 of the United States Bankruptcy Code. One of the partners of the Firm also presented a paper in this regard at the Forum of Asian Insolvency Reform at Bangkok in December 2002.

The Firm has regularly appeared for its clients in a number of different forums, including the Lahore High Court, with respect to taxation issues. For example, the Firm challenged the tax on advertisements imposed by the Punjab Government through a constitutional petition in the Lahore High Court. The Firm has also filed constitutional petitions challenging the rate of property tax in the Punjab as well as the methodology used to devise the rates of property tax. Members of the Firm also appear regularly before the High Courts and subordinate quasi-judicial forums, such as the Appellate Tribunal, with respect to Sales Tax, Customs and Central Excise issues. One of the partners has been engaged by the Central Board of Revenue in a large number of cases regarding the application of Customs, Sales Tax and Central Excise laws in Azad Jammu and Kashmir and the Tribal Areas. The Firm is currently assisting senior counsel in income tax related litigation.