In October 2022, certain indirect shareholders of K-Electric Ltd, the vertically-integrated electricity provider for Karachi, filed proceedings in the Sindh High Court challenging a transaction in the Cayman Islands resulting in the change in ownership of another major indirect shareholder, the Infrastructure and Growth Capital Fund (IGCF).
The Sindh High Court granted an injunction restraining IGCF from implementing the transaction. The proceedings in the Sindh High Court sought to prevent the appointment of IGCF’s nominees to the board of K-Electric.
In response, IGCF filed anti-suit injunction proceedings before the Financial Services Division of the Grand Court of the Cayman Islands, seeking the discontinuation of proceedings before the Sindh High Court. The Cayman proceedings involved questions of Pakistan law concerning the jurisdiction of Courts and the enforceability of exclusive jurisdiction clauses.
IGCF engaged our Managing Partner, Bilal Shaukat, as a Pakistan law expert witness. He provided a written opinion on the legal questions and presented himself for cross-examination.
In his judgment, the presiding Honorable Justice Segal made several observations about our assistance, stating,
“I found Mr Shaukat to be a reliable and helpful witness who set out his opinions, both in writing and orally during his cross-examination, clearly with supporting analysis and arguments. He dealt directly and candidly with points of difficulty and adopted a balanced and impartial approach… I found his analysis to be clear and cogent and supported by the applicable law and authorities.”
Honorable Justice Segal
Relying on our expert witness testimony, the Cayman Court allowed IGCF’s application and granted the anti-suit injunction.
Bilal Shaukat observed:
“Our engagement by IGCF and this outcome is a testament to RIAA Barker Gillette’s capabilities and experience in multi-jurisdictional disputes concerning Pakistan’s energy sector. We congratulate IGCF on this important victory in the Cayman proceedings.”
Bilal Shaukat, Managing Partner – Pakistan, RIAA Barker Gillette
Pakistan’s Managing Partner, Bilal Shaukat, led the team working on this matter with assistance from Pakistan Partner Shahbakht Pirzada.
For further information, contact our Managing Partner, Bilal Shaukat or read the press coverage.
This article is not legal advice; it provides information of general interest about current legal issues.
RIAA Barker Gillette is Pakistan’s premier law firm, with an on-the-ground presence in four major cities in Pakistan: Karachi, Islamabad, Lahore, and Peshawar, and affiliated offices in Dubai (DIFC) and London.
The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognize the firm as a top-tier law firm in Pakistan.
RIAA Barker Gillette is the exclusive member firm in Pakistan for Lex Mundi, the world’s leading network of independent law firms with in-depth experience in over 125 countries worldwide.
