Our practices
Dispute resolution
Our team delivers an exceptional service, working closely with clients to achieve the best possible results throughout the life of a dispute.
We carefully consider with our clients the respective merits of each party’s position, focusing on the real issues in dispute, the risks involved, and the suitability of all forms of resolution, be it litigation, arbitration, or alternative forms of dispute resolution (ADR) such as mediation or expert determination. Thus, we keep your costs in check.
Practice areas
Arbitration
Our arbitration experience includes a range of domestic and international proceedings, and we are also adept at alternative dispute resolution mechanisms, such as mediation and out-of-court settlements.
Offering leading experience in both domestic in Pakistan as well as international arbitration forums, our team has represented governments, multinational and local corporations in proceedings at the ICC Court of Arbitration, and forums in Brussels and Singapore. The team’s experience covers a range of sectors, including construction, energy, insurance and telecommunications.
Acting for claimants and respondents in arbitration before the International Chamber of Commerce, London Court of International Arbitration, International Centre for Settlement of Investment Disputes, Singapore International Arbitration Centre, DIFC LCIA Arbitration Centre and Dubai International Arbitration Centre, enforcements of awards, application for stay of proceedings and challenges on jurisdiction, on grounds of bias and on errors of law.
Experience
- Adamjee Insurance Company Limited: represented client and consortium of insurance companies in arbitration proceedings and successfully negotiated a settlement in respect of one of the largest insurance claims relating to crude oil in Pakistan.
- Eltek Pakistan (Private) Limited: represented and defended the client in an arbitration proceeding before the Justice Sardar Aslam Khan.
- Galaxy Textile Mills: represented client in arbitration against FESC.
- Ghazi-Barotha Contractor: principal Pakistan legal counsel for client in a JV for USD 500m ICC arbitration.
- Impregilo SpA: lead Pakistan counsel in the ICSID arbitration initiated by the client against the Government of Pakistan for the settlement of investment disputes.
- M Associates Construction Company: represented client in an arbitration proceeding for recovery amounting to over PKR 352m.
- National Engineering Services: represented client in an arbitration proceeding for recovery amounting to PKR 90m.
- Pakistan and Sri Lanka: represented aforementioned countries at the ICC Court of Arbitration in Paris.
- Seasole Construction Company: successfully represented client in an arbitration proceeding.
- Shadman Cotton Mills: represented client against LESCO in dispute regarding payment of electricity supplied by Shadman Cotton from its Captive Power Plant to LESCO.
- Zahra Communication (Private) Limited: represented client in arbitration against the National Telecommunications Authority.
Litigation
Our Firm is a regular presence on sensitive, high-stakes disputes. Our litigation practice has broad experience covering the full range of litigation matters. We handle all forms of civil, commercial and corporate litigation before courts of all levels in Pakistan. Leading legal directories universally recognise us as having a premier litigation department.
We have extensive experience in constitutional petitions, civil suits, corporate disputes, labour litigation, family matters, trade mark appeals, claims by financial institutions, banking suits, rent appeals, income tax appeals and petitions to the Supreme Court of Pakistan by leave to appeal. Our outstanding team of litigation specialists works seamlessly with experts in complementary areas of expertise, such as our competition, corporate, labour and tax departments, to provide clients with comprehensive, multi-faceted advice on all stages of the litigation proceedings.
We have handled major commercial disputes involving local and foreign parties in courts across the UK, the US and Pakistan. Specialist areas include commercial contracts, insurance, commercial agency and distributorship, corporate, partnership, LLP and joint venture, corporate insolvency disputes, and actions against directors and senior employees.
Experience
- Adamjee Insurance Company Limited: represented client in various matters at the High Court and civil suits of over Rs.121m.
- Army Welfare Trust: represented client in a petition before Supreme Court of Pakistan.
- Askari Bank Limited: represented client in various recovery suits before the Banking Court, Rawalpindi.
- Attock Cement Pakistan Limited: represented client before the High Court of Balochistan in a matter relating to the supply of gas to ACPL by SSGC.
- Clariant Pakistan Limited: Clariant Ibérica Producción (Spain), Modern Marine Services (Private) Limited, AES Lal Pir (Private) Limited and AES Pak Gen (Private) Limited, PICIC Insurance Limited, Pharamcia Pakistan, Global Securities Pakistan Limited, represented clients in the High Court and Civil Courts and before various tribunals.
- Cohen Brown Management Group, Inc.: represented client in a civil suit, filed in the Sindh High Court, Karachi. This is civil action for the infringement of copyright protected literary work. The total claim is for USD 100m.
- Control Risk (Private) Limited: represented client in a winding up petition before the Islamabad High Court.
- English Biscuit Manufacturers Limited: represented client, Pakistan’s leading biscuit manufacturing company by market share, in litigation matters filed by/against Associated Biscuits International Limited pending before the Sindh High Court relating to a shareholder dispute.
- FABER Industries S.P.A (Italy): represented client, a leading Italian company and manufacturer of gas cylinders. The firm successfully obtained a suspension of the court order in a civil suit alleging defects in the CNG equipment of the company. The case involved wide ranging and complex issues including OGRA’s jurisdictional capacity and numerous procedural aspects of civil suits. Notably, the court agreed with the argument put forward by the firm and gave a clear ruling on a point which was previously regarded as a grey area in law.
- GlaxoSmithKline: represented client in various matters before the High Court of Sindh and a tax matter before the Appellate Tribunal.
- IJM Corporation Berhad: represented client, Malaysia’s leading construction and property development entity, in objections filed by the Karachi Metropolitan Corporation against an arbitration award in the amount of USD 35m- before the Sindh High Court. The award of the arbitrator was upheld in favour of IJM.
- Impregilo SpA: ED Zublin, Infinity Global, represented client in various litigation matters ranging from contractual disputes, sale of goods, and taxation to local administration laws in the lower and higher courts of Islamabad, Rawalpindi, Peshawar, Attock and Swabi.
- Lotte Chemical Pakistan Limited: represented client in matters relating to electricity supply, pending before the High Court of Sindh.
- Metro Cash and Carry Pakistan (Private) Limited and Makro-Habib Pakistan Limited: represented client with respect to getting the Scheme of Arrangement for reconstruction of the respective companies sanctioned by the Honourable High Court of Sindh.
- Novartis Pharma Pakistan Limited: represented client in suits and thereafter appeals filed by ex-employees before the District Courts and thereafter the High Court of Sindh bench at Larkana.
- Pakistan Telecommunication Authority: represented client in a constitutional petition filed against it regarding the illegal issuance of SIMs and the roaming facilities available to Afghani SIMs in Pakistan.
- Pakistan Tobacco Company: represented client before the Peshawar High Court Peshawar in a constitutional petition wherein all the tobacco (over and above the quota fixed by Pakistan Tobacco Board) was charged with Tobacco Development Cess.
- Phillip Morris (Pakistan) Limited: represented client in several matters before the Payment of Wages Authority in Hyderabad.
- PKP Explorations Limited: represented client before the Federal Ombudsman seeking directions for OGRA to fulfil its statutory responsibilities in accordance with the petroleum laws.
- Searle IV Solutions: represented client, one of the leading pharmaceutical companies of Pakistan manufacturing lifesaving IV solutions, in a suit relating to whether an S.R.O granting a tax exemption applied to the material imported by Searle.
- Sindh Engro Coal Mining Corporation: represented client in two matters pending before the High Court of Sindh at Karachi relating to the bidding process of work to be done on an open mine in Thar.
- Sinohydro Corporation: represented client in their dispute resolution procedures (ADR) provided in the FIDIC form of international construction contracts before the Engineer/Consultant and Dispute Resolution Board.
- Standard Chartered Bank, NIB: Crescent Commercial Bank Limited, CALCORP, Union Bank Limited and Union Leasing Limited, represented clients in Banking Courts, High Court and Civil Courts on diverse issues ranging from recovery cases for of outstanding loans/debts, sale of mortgaged property through the court, credit card fraud, cases where damages are being claimed for negligence by the financial institutions.
Contact one of our lead dispute resolution partners today: Yousaf Khosa, Mayhar Kazi or Nadir Altaf.
Publications and articles
RIAA Challenges Denial of Pharma Customs Duty Concession – November 2024
SBP Penalty Challenged: Court Grants Injunction in Import Case – November 2024
SECMC wins key litigation protecting Thar Coal project – August 2023
Restraining injunction secured for SAPT – August 2023