news story Archives - Page 2 of 11 - RIAA Barker Gillette

RIAA advises PIGL on Attock Cement Pakistan proposed stake sale

Posted on December 2, 2025 - 4:50 am by Mayhar Kazi

[NEWS] RIAA advises PIGL on proposed stake sale in Attock Cement Pakistan

RIAA Barker Gillette is representing Pharaon Investment Group Limited Holding S.A.L., a leading Lebanese conglomerate, as sole legal counsel in the proposed sale of its 84.06% stake in Attock Cement Pakistan Limited. Negotiations are underway with Fauji Cement Company Limited (FCCL) and Kot Addu Power Company Limited (KAPCO), which have jointly submitted binding offers to acquire the stake.

Attock Cement operates one of southern Pakistan’s major cement production facilities, with a 3-million-tonne annual capacity plant in Hub, Balochistan, and significant export operations across the Middle East and Africa.

RIAA has managed the complete sell-side advisory process for Pharaon Investment Group Limited Holding S.A.L., including facilitating due diligence for multiple prospective buyers. The firm coordinated a competitive sale process that attracted interest from major strategic players including Cherat Cement, Bestway Group and Alpha Cement.

Following submission of binding offers by the FCCL-KAPCO consortium in August 2025, RIAA has been steering negotiations toward completion. The firm drafted the Share Purchase Agreement and continues to advise on structuring the Attock Cement sale. The proposed transaction remains subject to execution of definitive agreements, clearance from the Competition Commission of Pakistan, and other customary closing conditions.

Standard Chartered Bank’s Investment Banking Division in Dubai has served as financial advisor to Pharaon Investment Group Limited Holding S.A.L. throughout the divestment process.

The proposed Attock Cement sale would strengthen the acquirers’ position in Pakistan’s recovering cement market, particularly in the strategic southern region. The potential acquisition aligns with renewed consolidation activity in Pakistan’s cement sector, driven by improving macroeconomic conditions and export growth through Karachi port.

“This mandate demonstrates RIAA’s capability to manage complex cross-border M&A transactions as sole legal counsel,” said Bilal Shaukat, Managing Partner at RIAA Barker Gillette. “Our comprehensive sell-side advisory, from initial structuring through competitive bidding process and due diligence facilitation, positions us as Pakistan’s premier law firm for sophisticated M&A transactions.”

RIAA’s expertise in cross-border M&A transactions has enabled the firm to successfully manage this complex divestment process involving multiple stakeholders across jurisdictions. The firm continues to act as sole legal counsel without foreign law firm involvement, demonstrating its capability to handle complex mandates independently.

Our team advising on this transaction is led by Bilal Shaukat (Managing Partner – Pakistan) and Rohaan Nasir (Senior Associate).

For advice on mergers and acquisitions in Pakistan’s industrial sector, contact Bilal Shaukat today.

This article is not legal advice; it provides information of general interest about current legal issues.

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RIAA Barker Gillette is Pakistan’s premier law firm, with an on-the-ground presence in three major cities in Pakistan: Karachi, Islamabad and Lahore, 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 recognise 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.

RIAA Advises PTCL on Landmark Telenor Acquisition

Posted on November 25, 2025 - 3:57 pm by Mayhar Kazi

[NEWS] RIAA Advises PTCL on Landmark Telenor Pakistan Acquisition

RIAA Barker Gillette has been engaged by Pakistan Telecommunication Company Limited (PTCL) to act as local counsel on the closing formalities for PTCL’s landmark USD 400 million acquisition of Telenor Pakistan and Orion Towers (Private) Limited. This engagement positions the firm at the center of Pakistan’s most significant telecom sector consolidation in over a decade.

On 20 November 2025, PTCL shareholders formally approved both the PTCL Telenor acquisition and the associated financing plan at the company’s Extraordinary General Meeting. The approval represents a critical milestone in a transaction that will fundamentally reshape Pakistan’s mobile telecommunications landscape ahead of the country’s first major 5G spectrum auction.

The transaction originated in December 2023 when PTCL entered into a Share Purchase Agreement with Telenor BV to acquire 100% of the shares in Telenor Pakistan and Orion Towers for PKR 108 billion on a cash-free, debt-free basis. The acquisition secured financing through an IFC-led consortium that includes the Silk Road Fund and British International Investment, providing up to USD 400 million under a seven-year facility.

Following an 18-month comprehensive review, the Competition Commission of Pakistan (CCP) granted conditional Phase-II approval for the PTCL Telenor acquisition on October 1, 2025. The CCP’s approval came with extensive conditions designed to preserve competition, including requirements for separate management structures, non-discriminatory infrastructure access and independent third-party monitoring for five years. The thoroughness of the CCP’s review underscores the transaction’s strategic importance and potential market impact.

The transaction now awaits final approval from the Pakistan Telecommunication Authority (PTA). Following PTA approval, PTCL will seek additional clearances from the State Bank of Pakistan and the Securities and Exchange Commission of Pakistan to complete the transaction.

Upon closing, the merger will combine Telenor Pakistan’s 43 million subscribers with PTCL’s mobile subsidiary Ufone 4G, creating Pakistan’s second-largest mobile operator with approximately 35% market share.

Bilal Shaukat, Managing Partner at RIAA Barker Gillette, commented: “This transformative transaction demonstrates our capability to support Pakistan’s most complex and strategically important telecoms deals. We are proud to continue advising on landmark transactions that reshape the country’s digital infrastructure landscape and position our clients for the next phase of technological advancement.”

Our team, led by Bilal Shaukat (Managing Partner – Pakistan) and Ahsan Amir, is providing comprehensive support on all local closing, compliance, and regulatory aspects of this historic transaction. The engagement requires sophisticated coordination across multiple regulatory bodies and exemplifies the complex nature of telecom consolidations in Pakistan’s evolving market.

For further information on telecom transactions and regulatory matters, please contact Bilal Shaukat today.

This article is not legal advice; it provides information of general interest about current legal issues.

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The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise 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.

Pakistan anti-dumping investigation: RIAA defends Turkish soda ash exporters

Posted on November 11, 2025 - 4:14 pm by Mayhar Kazi

RIAA Barker Gillette is representing major Turkish manufacturers in a Pakistan anti-dumping investigation initiated by the National Tariff Commission (NTC) concerning imports of disodium carbonate, commonly known as soda ash. The investigation could significantly impact Pakistan’s glass, plastics, and detergent industries that depend on this critical raw material.

The proceedings began in July 2025 following an application by domestic producers alleging that imported products were being sold at unfairly low prices. We mounted a robust defense, arguing that the application fails to meet the statutory thresholds required under Pakistan anti-dumping legislation, specifically the Anti-Dumping Duties Act, 2015, and WTO obligations.

This marks the second Pakistan anti-dumping investigation targeting Turkish soda ash imports. RIAA Barker Gillette previously secured a favorable outcome when an earlier 2021 investigation was terminated within six months due to insufficient evidence. The firm’s trade law team is leveraging this precedent while advancing arguments about the broader economic implications of potential duties.

The case extends beyond technical legal arguments to fundamental questions about Pakistan’s industrial policy and consumer welfare. Soda ash serves as an essential input across multiple sectors. Any duties imposed without adequate justification would cascade through the supply chain, raising production costs and ultimately affecting consumer prices at a time of heightened inflation concerns.

“Challenging such initiations is crucial to ensure that a bar is set for matters where investigations can be opened, and also to ensure that our trade partners are not needlessly engaged in lengthy and resource-intensive proceedings,” said Mazhar Bangash, Partner and Head of the International Trade practice at RIAA Barker Gillette.

The firm’s submissions draw on extensive Pakistan anti-dumping experience to emphasise the country’s WTO commitments and the principle of comparative advantage in international trade. Turkish producers, including some of the world’s largest soda ash manufacturers, have developed efficient production capabilities that benefit Pakistani industries through competitive pricing. Trade measures lacking proper evidentiary support would disrupt these legitimate trade flows.

RIAA Barker Gillette’s team, led by Mazhar Bangash (Partner-Pakistan) and supported by Senior Associate Momin Taufiq, Junior Associate Ayesha Bashir, and Trainee Associate Fuzail Hassan, continues applying their Pakistan anti-dumping expertise as the NTC reviews the record ahead of its preliminary determination.

For advice on trade remedies and international trade matters, contact Mazhar Bangash today.

This article is not legal advice; it provides information of general interest about current legal issues.

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The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise 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.

RIAA defeats FIDIC price adjustment claim for major Karachi water infrastructure project

Posted on November 11, 2025 - 2:52 pm by Mayhar Kazi

[NEWS] RIAA defeats fidic price adjustment claim in major karachi water infrastructure project

RIAA secured a decisive victory for a leading public sector entity before a Dispute Board established under a FIDIC Red Book 2010 construction contract for the Greater Karachi Bulk Water Supply Scheme (K-IV Phase I). The FIDIC contract dispute involved defeating a Joint Venture Contractor’s price adjustment claim with major implications for Pakistan’s infrastructure sector.

The Contractor challenged the Engineer’s determination before the Dispute Board, a mandatory prerequisite to arbitration under Clause 20.6. The Contractor sought upward price adjustment under Clause 13.7 (Adjustments for Changes in Legislation), arguing a Sindh Revenue Board tax exemption issued after contract execution constituted a “change in law” event.

The Contractor claimed the exemption rendered its input tax unrecoverable, whereas at contract execution it could adjust input tax against output tax. The Contractor argued this effectively increased costs, warranting price adjustment under the contract’s change in law provisions.

We dismantled this argument by demonstrating that the Contractor had misclassified its services under the Sindh Sales Tax on Services Act 2011. Construction services fell under Tariff Heading 9824.0000, attracting 5% rather than the claimed 13%. This misclassification meant the Contractor’s premise about increased costs was fundamentally flawed.

We successfully argued the SRB exemption did not constitute a “change in law” triggering Clause 13.7. They established the employer maintained all required financial arrangements. The Contractor’s notice threatening work reduction violated contractual procedures.

The Dispute Board dismissed all claims and upheld the public entity’s position entirely. The decision is binding on both parties pending any arbitration. Under Clause 20.4, the decision must be promptly implemented unless revised through amicable settlement or arbitral award. The ruling confirmed contractors cannot claim price adjustments in FIDIC contract dispute proceedings based on tax classification errors.

“This decision reinforces the importance of precision in tax classification within commercial transactions and fortifies the position of public entities engaged in major infrastructure projects across the country,” said Hasnain Naqvee, Senior Partner at RIAA Barker Gillette.

The ruling clarifies how change in law provisions operate in FIDIC contract disputes in the context of sales tax on services.

The matter was led by Saffi-Ul-Hassan (Senior Associate & Litigation Head – Lahore) under the guidance of Hasnain Naqvee (Senior Partner – Pakistan).

For assistance with complex infrastructure contract disputes, contact Hasnain Naqvee today.

This article is not legal advice; it provides information of general interest about current legal issues.

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The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise 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.

RIAA advises global super-app on Pakistan’s regulatory framework

Posted on October 20, 2025 - 2:46 pm by Mayhar Kazi

RIAA-advises-global-super-app-digital-services

A multinational digital services conglomerate operating digital marketplace platforms across transport, commerce, logistics, entertainment, and enterprise solutions engaged RIAA Barker Gillette for comprehensive advice on Pakistan’s regulatory framework. The client operates a super-app platform providing technology-enabled services across multiple jurisdictions..

The engagement required analysis across consumer protection, advertising regulation, and competition law. On consumer protection, we advised on obligations for accuracy, transparency and clarity in promotional communications, confirming that advertisements must be truthful, legible and not omit material information. We addressed liability for non-compliance, including consumer tribunals’ powers to impose fines, order compensation and withdraw misleading promotions.

Competition law complexities formed a crucial component, particularly as to analysis of provisions concerning deceptive marketing and anti-competitive practices. We analyzed potential risks arising from deep discounts, promotional codes and subsidized delivery offers under the Competition Act, 2010, including the Competition Commission of Pakistan’s powers to investigate predatory or exclusionary conduct. We provided an analysis of the CCP’s investigative procedures, including obligations to determine the “relevant market” and the power to issue warnings and initiating formal proceedings, providing guidance on managing regulatory scrutiny.

The advice covered also regulation of advertisements across broadcast, online, and outdoor media channels. We guided the client on responsibilities imposed by the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 for their digital services operations, alongside local government requirements for physical promotional placements. This comprehensive framework ensured the client understood enforcement mechanisms across different advertising mediums.

“This assignment combined different strands of law – advertising, consumer protection, and competition – within the context of Pakistan’s rapidly growing digital economy,” observed Mazhar Bangash, Partner and Head of International Trade at RIAA Barker Gillette. “Our comprehensive advice provided the client with clarity on how enforcement may unfold in practice while ensuring their operations align with Pakistan’s regulatory framework. The engagement demonstrates RIAA’s capability to advise technology ecosystems navigating regulatory frameworks in Pakistan. As super-app platforms expand across multiple service verticals, such advice becomes essential for ensuring compliance while maintaining operational efficiency.”

Our team advising on this matter was led by Mazhar Bangash (Partner – Pakistan), with support from Momin Taufiq Khan, Senior Associate.

For guidance on local law compliance for digital services platforms, please contact Mazhar Bangash today.

This article is not legal advice; it provides information of general interest about current legal issues.

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The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise 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.

RIAA secures stay for tech giant against offshore digital services tax

Posted on October 3, 2025 - 11:47 am by Mayhar Kazi

The Islamabad High Court recently granted a stay order in favour of an multinational online digital platform, preventing recovery of a Pakistani offshore digital services tax demand pending a decision on the company’s challenge to the taxation of its subscription revenues. RIAA Barker Gillette represents the online platform in this significant case. The outcome could decide whether Pakistan can impose a tax on fees for offshore digital services under its double taxation agreements.

The dispute centres on subscription fees paid by Pakistani users to the Singapore-based entity. The key question is whether they constitute “business profits” exempt from Pakistani tax under Article 7 of the Pakistan-Singapore tax treaty, or fall under “other income” taxable in Pakistan under Article 22. The platform’s subsidiary operates as a distributor that sells subscriptions to users across the region. It had claimed treaty exemption for its subscription revenue from Pakistan.

However, Pakistani tax authorities disagreed. They assessed the income as “fee for offshore digital services” under the Income Tax Ordinance, 2001, creating a Pakistan offshore digital services tax liability. The Appellate Tribunal upheld the tax assessment, ruling that subscription charges fall outside treaty-protected “business profits” due to Article 3(1)(f)’s exclusion of certain rents and royalties. Consequently, the Tribunal classified the income as taxable “other income” under Article 22.

“This case addresses critical issues at the intersection of traditional tax treaty concepts and the modern digital economy,” said Mayhar Kazi, Partner at RIAA Barker Gillette. “The High Court’s decision to grant a stay recognises the substantial legal questions involved in determining how digital services should be taxed under decades-old treaty frameworks.”

The reference application filed by RIAA Barker Gillette challenges the tribunal’s interpretation on multiple grounds. It questions whether the Article 3(1)(f) exclusion applies to the platform’s distributor model. The application also contests the classification of subscription revenue as passive “other income” under Article 22. This classification is disputed because such income is generated through active business operations.

The outcome carries significant implications for digital service providers operating in Pakistan without physical presence. It will determine whether their subscription revenue constitutes business profits under tax treaties.

Our team on this matter is led by Mayhar Kazi (Partner – Pakistan) and includes Qubra Ali, Associate and Sheheryar Atif Malik, Junior Associate.

For advice on disputes arising from taxation of digital services in Pakistan, please contact Mayhar Kazi.

This article is not legal advice; it provides information of general interest about current legal issues.

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The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise 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.

RIAA Advises Lenders on Islamic Finance Facility for PetPak Films

Posted on October 3, 2025 - 8:43 am by Mayhar Kazi

RIAA Barker Gillette acted as lenders’ counsel to a syndicate led by Bank AL Habib Limited on a PKR 2.5 billion Islamic finance facility for PetPak Films (Private) Limited, supporting growth in Pakistan’s packaging industry.

The transaction demonstrates the increasing sophistication of Islamic finance in Pakistan’s manufacturing sector. PetPak Films, a subsidiary of International Packaging Films Limited (IPAK), operates a state-of-the-art facility at Quaid-e-Azam Business Park Special Economic Zone in Sheikhupura. The company manufactures Biaxially Oriented Polyethylene Terephthalate (BOPET) films, which serve critical applications in food packaging, pharmaceuticals, and industrial uses.

The financing was structured as a musharaka facility—an Islamic profit-and-loss sharing arrangement that complies with Shariah principles. This diminishing co-ownership model balances Islamic finance requirements with commercial objectives for both lenders and borrower.

The syndicate comprised five financial institutions, reflecting the approach increasingly common in Pakistan’s banking sector for significant manufacturing investments. RIAA structured the documentation to accommodate multiple lenders while ensuring Shariah compliance throughout the transaction lifecycle.

The firm advised on comprehensive security arrangements including charges over assets and sponsor support, balancing the interests of new lenders with existing creditor arrangements. The transaction was structured to meet lenders’ requirements while preserving operational flexibility for the manufacturing business.

Bilal Shaukat, Managing Partner at RIAA Barker Gillette, observed: “This transaction demonstrates the sophistication of Pakistan’s Islamic finance market and our capability to structure compliant facilities for major manufacturing investments. It reflects growing lender confidence in Pakistan’s industrial sector.”

PetPak’s financing contributes to the broader expansion of the IPAK Group, which has emerged as Pakistan’s largest flexible packaging films manufacturer. The company’s operations support Pakistan’s packaging industry development and align with national objectives for manufacturing sector growth and export expansion.

Our team advising the lenders was led by Bilal Shaukat (Managing Partner – Pakistan) and included Rohaan Nasir (Associate).

For further information on Islamic financing transactions, please contact Bilal Shaukat.

This article is not legal advice; it provides information of general interest about current legal issues.

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The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise 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.

Pakistan’s First Green Captive Power Project under Ijarah structure

Posted on October 3, 2025 - 8:21 am by Mayhar Kazi

RIAA Barker Gillette acted as project counsel to Power Cement Limited (PCL) on Pakistan’s first captive power transaction structured under a formal Ijarah lease, achieving financial close on 26 September 2025. The Rs. 1.5 billion transaction structures a 7.5 MW wind-powered captive generation facility at PCL’s Nooriabad site through an Ijarah with Burj Clean Energy Modaraba (BCEM)—Pakistan’s first clean energy investment fund structured as a modaraba.

Under the Ijarah financing arrangement, BCEM will develop, own, and lease the wind power plant to PCL over 20 years. PCL will generate clean electricity on-site for its cement manufacturing operations while making rental payments compliant with Shariah principles. The arrangement reduces dependence on grid power and fossil fuels.

The Bank of Punjab led the financing consortium as Lead Bank, Adviser, Arranger, and Intercreditor Agent. Additionally, National Bank of Pakistan served as Mandated Lead Advisor, Arranger, and Security Agent. Meanwhile, Pak Kuwait Investment Company joined as Musharaka Participant and equity provider. The documentation establishes performance-based mechanisms with minimum committed energy targets adjusted for weather conditions. Furthermore, it includes quarterly and annual reconciliation processes and risk allocation frameworks compliant with Islamic finance principles.

Bilal Shaukat, Managing Partner at RIAA Barker Gillette, commented: “This transaction demonstrates how Ijarah structures support industrial decarbonisation through captive power solutions. Currently, 40-50% of Pakistani industries rely on captive power due to grid reliability issues. BCEM’s structure as Pakistan’s first clean energy investment fund provides a replicable template for renewable energy adoption across the manufacturing sector.”

The agreement includes true-up mechanisms to reconcile projected versus actual project costs. Moreover, it establishes comprehensive step-in rights for financiers and termination scenarios aligned with Islamic finance principles. The framework also addresses force majeure events, changes in law, and performance adjustments based on wind resource variability. Orient Energy Systems has been appointed to deliver the project using Goldwind wind turbines. Operations are expected to commence in FY26.

This transaction positions Pakistan’s industrial sector to accelerate decarbonisation efforts through structured Islamic finance solutions, addressing both energy security and environmental sustainability imperatives.

Our team acting on this matter was led by Bilal Shaukat (Managing Partner – Pakistan) and included Rohaan Nasir (Associate) and Mahnoor Javed (Associate).

For further information about Shariah-compliant renewable energy transactions and captive power structures, please contact Bilal Shaukat today.

This article is not legal advice; it provides information of general interest about current legal issues.

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The firm practices in all areas of corporate, commercial and dispute resolution law. Leading international legal directories consistently recognise 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.

RIAA Wins Telecoms Arbitration Challenge & Secures Full Recovery

Posted on August 21, 2025 - 10:37 am by Mayhar Kazi

RIAA Barker Gillette wins telecoms arbitration in Pakistan case, defeating NTC's award challenges and securing recovery

The Sindh High Court recently dismissed comprehensive objections filed by National Telecommunication Corporation (NTC) challenging an arbitral award given in favor of our client Zahra Communications (Private) Limited. Mr. Justice (Retd.) Nasir Aslam Zahid had authored the award. The decision establishes an important precedent for the enforcement of awards in telecoms arbitration in Pakistan against state owned entities.

The dispute arose from a 2002 agreement between the parties. This contract encompassed prepaid calling card services, pay phone services and international gateway exchanges. Both parties claimed that the other was in breach of the agreement and claimed damages. The arbitrator allowed many of the claims filed by Zahra Communications while rejecting the claims made by NTC. The eventual award gave damages with interest to Zahra Communications.

NTC mounted a comprehensive challenge under Sections 30 and 33 of the Arbitration Act, 1940 (the Act). First, NTC alleged that the arbitrator had exceeded his jurisdiction. Secondly, that he committed misconduct by awarding damages without sufficient evidentiary foundation. Finally, the state entity contended that the arbitrator had substituted his commercial judgment for proper legal analysis.

Our dispute resolution team developed a defense that addressed both the procedural integrity of the arbitration and the substantive merit of the award. We demonstrated that the arbitrator had carefully evaluated thirteen distinct claims totaling hundreds of millions of rupees. Yet he awarded only five claims after rigorous analysis. This evidenced judicial restraint rather than overreach.

Further, on the misconduct allegations, we demonstrated that the arbitrator’s assessment of damages followed established legal principles. We invoked the Supreme Court’s jurisprudence to establish that courts cannot interfere with an arbitrator’s findings merely because they might have reached different conclusions on the evidence.

Mr. Justice Arbab Ali Hakro’s judgment endorsed our position. The Court emphasised that “the jurisdiction of the Court under the Act is supervisory in nature.” Moreover, the judgment confirmed that arbitration awards constitute final determinations entitled to minimal judicial interference. The Court found that the arbitrator had properly exercised his mandate in interpreting the agreement’s scope, determining which services fell within the parties’ contractual relationship, and assessing damages based on the evidence presented.

The judgment provides crucial guidance on the telecoms arbitration in Pakistan, involving complex technical arrangements require expert determination. The Court’s analysis reinforced that arbitrators’ factual findings and contractual interpretations are entitled to deference in the absence of clear jurisdictional excess or procedural impropriety.

Following the dismissal, NTC filed a High Court Appeal before the Sindh High Court. This was dismissed in limine by a Division Bench comprising Mr. Justice Shafi Siddiqui, the then Chief Justice and Mr. Justice Jawad Akbar Sarwana. In the meantime, we moved swiftly into execution proceedings. Within months, we successfully secured recovery for our client, transforming the arbitral award from a legal victory into tangible commercial value.

“This judgment demonstrates that even state entities cannot escape carefully arbitrated commercial obligations through expansive interpretations of misconduct or jurisdictional challenges,” said Shahbakht Pirzada, Partner in our Karachi dispute resolution practice who argued the case. “More importantly, our successful execution proceedings show that arbitral awards can be effectively enforced in Pakistan, providing real commercial remedies to successful parties.”

Our team handling this matter was led by Shahbakht Pirzada (Partner – Pakistan).

For strategic advice on arbitration and enforcement proceedings in complex telecommunications disputes, contact Shahbakht Pirzada today.

This article is not legal advice; it provides information of general interest about current legal issues.

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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.

Pakistan Anti-Dumping: IHC Bars Post-Expiry Sunset Reviews

Posted on August 19, 2025 - 1:42 pm by Mayhar Kazi

The Islamabad High Court delivered a landmark judgment clarifying that sunset reviews cannot be initiated after anti-dumping duties expire. RIAA Barker Gillette successfully represented multiple petitioners in this precedent-setting case.

The Islamabad High Court recently delivered a landmark judgment clarifying the conditions necessary to initiate sunset reviews of anti-dumping duties Pakistan importers face. The Court ruled that the National Tariff Commission (NTC) lacked authority to commence sunset reviews after anti-dumping duties expire.

We successfully represented multiple petitioners challenging the NTC’s attempt to initiate sunset reviews through a notice dated 2 November 2023. The NTC issued this notice months after Pakistan anti-dumping duties imposed on paper imports expired on 31 March 2023.

The central issue concerned Section 58(3) of the Anti-Dumping Duties Act, 2015, which requires sunset reviews to be initiated before duty expiration. The specific question was whether this provision constituted a mandatory or merely directory provision. The NTC contended that its dysfunction caused by lack of appointed members during the expiry period justified the delayed review. However, we argued that expired duties cannot undergo retrospective revival through belated reviews.

In a comprehensive judgment, Justice Babar Sattar examined Pakistani jurisprudence alongside World Trade Organisation dispute resolution precedents. The Court definitively held that the timing requirement was mandatory. Once anti-dumping duties Pakistan implements complete their five-year term and expire, the NTC cannot resurrect them through belated sunset reviews. Furthermore, the judgment also clarifies that extending duties beyond five years should be the exception, not the norm. This principle had faced unnecessary controversy despite the statute’s clear language.

“This judgment provides essential certainty for international trade, protecting importers from retrospective penalties that would disrupt concluded commercial arrangements,” observed Yousaf Khosa, Partner and head of the disputes practice at RIAA Barker Gillette’s Islamabad office.

This victory exemplifies our integrated approach as a full-service firm. Yousaf Khosa appeared as counsel before the High Court. Omair Saleem Malik, Senior Litigation Counsel, and Momin Taufiq Khan, Senior Associate, in our International Trade practice, supported him. The matter built upon our international trade practice’s extensive expertise. Mazhar Bangash, Partner and Head of our International Trade practice, led the engagement in the underlying NTC proceedings.

The Court’s analysis emphasised that Pakistan’s anti-dumping legislation implements the country’s WTO obligations. Additionally, the judgment recognized that sunset reviews serve a forward-looking purpose. They assess whether duty expiration would likely lead to renewed dumping and injury. However, this prospective analysis becomes impossible once duties have already lapsed.

The judgment’s clarification of these fundamental principles allows Pakistan’s trade remedy framework to move past procedural controversies and focus on more substantive issues in international trade law.

For advice on complex commercial litigation and dispute resolution, contact Yousaf Khosa today. For anti-dumping matters, trade remedies, and international trade disputes, contact Mazhar Bangash.

This article is not legal advice; it provides information of general interest about current legal issues.

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RIAA Barker Gillette is Pakistan’s premier law firm, with an on-the-ground presence in three major cities in Pakistan: Karachi, Islamabad and Lahore 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 recognise 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.

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Category Archives: news story

RIAA advises PIGL on Attock Cement Pakistan proposed stake sale

RIAA Advises PTCL on Landmark Telenor Acquisition

Pakistan anti-dumping investigation: RIAA defends Turkish soda ash exporters

RIAA defeats FIDIC price adjustment claim for major Karachi water infrastructure project

RIAA advises global super-app on Pakistan’s regulatory framework

RIAA secures stay for tech giant against offshore digital services tax

RIAA Advises Lenders on Islamic Finance Facility for PetPak Films

Pakistan’s First Green Captive Power Project under Ijarah structure

RIAA Wins Telecoms Arbitration Challenge & Secures Full Recovery

Pakistan Anti-Dumping: IHC Bars Post-Expiry Sunset Reviews

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