Mayhar Mustafa Kazi

Representative matters:

• Adamjee Insurance Company Limited in an application at the Sindh High Court for international arbitration of a dispute arising from a complex insurance policy issued in connection with a major power station in Karachi.
• Attock Cement Company Limited in civil proceedings at the High Court of Sindh to detain coal cargo aboard a vessel on the grounds of breach of a contract of sale.
• BL Harbert International (Private) Limited in proceedings before the High Court of Sindh challenging income tax assessments seeking to impose tax liability of US$ 300 million made in pursuance of anti-avoidance provisions of the Income Tax Ordinance, 2001.
• Chevron Pakistan Lubricants (Private) Limited: representing the client in proceedings before the High Courts on a range of tax, industrial relations and worker’s profit participation disputes and in proceedings before the Competition Commission of Pakistan.
• Fauji Cement Company Limited, in multiple proceedings before the Sindh High Court and Customs Tribunal regarding the eligibility for customs duty and tax exemption of cement manufacturing plant imported in the early 1990s.
• EFU General Insurance Co. Ltd in a reinsurance dispute with a Lloyd’s syndicate arising out of a control of well policy issued to an oil exploration company.
• GlaxoSmithKline Pakistan Limited, in various proceedings before the High Court of Sindh and the Appellate Tribunal Inland Revenue challenging the refusal of the Federal Board of Revenue to accord sales tax exemptions to certain products.
• Gul Ahmed Energy Limited, one of Pakistan’s first IPPs, in expert determination proceedings before Mr Justice Ajmal Mian, former Chief Justice of Pakistan and thereafter in ICC arbitration proceedings arising out of a Rs. 1.2bn payment dispute under the Power Purchase Agreement.
• The Hub Power Company Limited in a suit at the High Court of Sindh challenging the decision of Central Power Purchasing Agency (Guarantee) Limited to set off Rs. 11.5bn from Hubco’s receivables under Power Purchase Agreement and in proceedings before the Balochistan High Court challenging the establishment of a coal-fired plant by the associated company on environmental law grounds.
• Pakistan State Oil Company Limited in the first reported judgment in which a foreign arbitral award in terms of the New York Convention was enforced in Pakistan under the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011.
• Shikarpur Power (Pvt.) Limited, a power project established under the New Captive Power Plant Policy, in trial and appellate proceedings before the High Court of Sindh against Sukkur Electric Power Company Limited seeking directions that the latter be directed to resolve disputes under the Power Purchase Agreement by arbitration.
• Sindh Engro Coal Mining Company Limited: defending a constitutional petition challenging, on environmental grounds, the establishment of a reservoir for storing groundwater extracted to enable mining in Pakistan’s largest coal mining project in Thar.
• Syngenta Pakistan Limited, in a number of proceedings Industrial Relations Act, 2012 initiated by workers and Employees Union in the National Industrial Commission of Pakistan, which were challenged in the High Court of Sindh on constitutional grounds, and in High Court proceedings in respect of customs dispute on the classification of imported chemicals.

Representative transactions:

• Clariant AG on divesting from its listed Pakistan subsidiary certain business divisions to enable the subsidiary to be acquired by Archroma as part of a global transaction.
• The Hub Power Company Limited on demerger of its 213MW RFO-fired combined cycle power plant in Narowal, Punjab into a wholly owned subsidiary
• MetLife Inc. on acquisition of minority stake and subsequent divestment of American Life Insurance Company’s majority stake in its listed Pakistani subsidiary.
• Metro Cash and Carry Pakistan Limited and Makro Habib Pakistan Limited on Court sanctioned scheme of arrangement resulting in a “PropCo/OpCo” split of the combined businesses and enabling the respective companies to subsequently entered into a long term triple net lease.

Representative transactions:

• Four gas-fired power stations established under the New Captive Power Plant Policy having total capacity of nearly 100 MW on project financing of approximately Rs. 10b.
• Yunus Energy Limited, a 50MW wind energy project in negotiations of finance documents and EPC and operations and management contracts.
• Consortium of financial advisor, lead arranger and underwriter on proposed issue by the Government of Pakistan of USD 500m in bonds exchangeable with shares in the Oil and Gas Development Company Limited.

• FAL Oil Company Ltd v Pakistan State Oil Company Limited PLD 2014 Khi 427: Represented PSO in first reported judgment in which a Pakistani court enforced a foreign arbitral award under the New York Convention. Also, the first dealing with the question of whether performance bonds secured obligations under an arbitration agreement (in addition to those under the matrix contract).
• Karachi Electric Supply Company Limited v Lotte Powergen (Pvt) Limited PLD 2014 Khi 574: Represented defendants in first reported judgment in Pakistan to address whether the generation of electricity and supply to parent company breached the exclusive rights of a distributor holding a license granted by the National Electric Power Regulatory Authority.
• Shazeb Pharmaceutical Industries Ltd v. Federation of Pakistan 2015 PTD 1532: Represented Searle IV Solutions (Pvt.) Limited in the Sindh High Court in a suit deciding that low-density polyethylene was eligible for tax exemption on grounds that it was necessarily required for the manufacture of IV solution.
• Golden Arrow Selected Stock Funds v. Clariant Pakistan Limited and others PLD 2016 Khi 50: Represented Clariant Pakistan Limited and Clariant AG in the first reported judgment in Pakistan on derivative actions – suits brought by minority shareholders on behalf of a company against its directors for wrongs committed against the company.
• Karachi Development Company Limited v IM Technologies Pakistan (Pvt) Limited 2017 CLC Notes 157: Represented the respondent, a subsidiary of major Malaysian corporation, in case which settled that the Arbitration Act, 1940 had no application to foreign arbitral agreements under the New York Convention. The court held that such agreements were governed exclusively by the Recognition and Enforcement (Arbitration Agreements and Foreign Arbitral Awards) Act, 2011.
• Spectre Consulting Limited v MT Everrich PLD 2018 Khi 136: Represented defendants in case dealing with question of whether a cargo aboard a vessel could be arrested under the Admiralty Jurisdiction of the High Court Ordinance, 1980, in the absence of a claim against the vessel or its owner. The dispute had arisen under a contract of sale of goods where the seller was also the charterer.
• Mehmood Khan Mahar v Qamar Hussain Puri and others 2019 MLD 249: Represented respondents in case settled the principle that a party would not be entitled to condonation of delay under Limitation Act, 1908 where it had disabled itself from receiving notices from Court.
• Vaqar Ahson v Zulfiqar Muhammad and others 2019 CLC 475: Represented appellant in case which settled, that in proceedings relating to immovable property, no interlocutory relief may be granted to the defendant in the nature of partition.

London School of Economics and Political Science, LLB (Hons), 2007

• English
• Urdu
• Sindhi

• Punjab Bar Council
• Enrolled as an Advocate of the High Courts

• Commercial
• Corporate
• Employment
• Dispute resolution
• Tax

• RIAA Challenges Denial of Pharma Customs Duty Concession – November 2024
  RIAA Barker Gillette PK settles complex reinsurance dispute – May 2024
• Pakistan chapter of the Chambers Global Practice Guide for Doing Business In… – November 2023
• SECMC wins key litigation protecting Thar Coal project – August 2023

• Mayhar Mustafa Kazi handles a range of disputes, often arising out of commercial contracts and agreements, in addition to tax matters. One client simply states: ”Mayhar is exceptional. He is competent, committed and responsive.” Another client explains: ”Of course, he always gives us advice from a legal standpoint, but also provides us a practical way to reach a resolution.” – Chambers Asia Pacific 2022
• RIAA Barker Gillette offered very sound advice with excellent turnaround times. We have found Pakistan a difficult jurisdiction to work with so were very pleasantly impressed with the quality and speed of service. The firm helped our client greatly in ensuring the discontinuance of Pakistani proceedings in breach of an English jurisdiction clause. We worked with Mayhar Mustafa Kazi who provided detailed insight into Pakistani civil procedure in support of anti suit injunction proceedings in London‘. – The Legal 500 Asia Pacific 2022
• Mayhar Mustafa Kazi moves up in the rankings after receiving praise for his “professional attitude” and the “clarity of his legal advice.” He handles a range of disputes, often arising out of commercial contracts and agreements, in addition to tax matters. A client reports: “Mayhar seems to have a great understanding of Pakistani tax laws and how the tax courts operate, and is always quick to respond to any requests.” – Chambers Asia Pacific 2021
• “Mayhar Kazi is our primary contact, and he has shown himself to be committed to supporting our business as it grows in size and reach, providing excellent multi-discipline advice” (Joy Choynowska, Chevron Pakistan Lubricants (Private) Limited) – The Legal 500 2019