ABS & Co.

Labour and Employment:

• National Bank of Pakistan: We are currently representing the President, the Chairman and members of the board of directors of National Bank in four different constitutional petitions in the nature of the writ of Quo-Warranto whereby their appointment has been challenged.
• China Gehzouba Group Company (“CGGC”): We provided an opinion to CGGC on the exceptions given to the energy sector by the Government of Pakistan during the lockdown announced (through the declaration of public holidays) by the Labour Department of KPK and if CGGC could still call its employees to work on-site and whether they are to be paid regular wages or overtime wages for working on public holidays.
• China Gehzouba Group Company (“CGGC”): We advised CGGC on the matter relating to the treatment of its employees working at the Neelum Jhelum Hydropower Project during the time when India and Pakistan had a confrontation in AJ & K including whether the employees were required to be sent home in such conditions, payment of wages for retaining the employees etc.
• National Bank of Pakistan: The bank sought our legal opinion on whether its employees would qualify as civil servants or not and whether they are entitled to petition the Service Tribunal for the redressal of their employment grievances. We conducted a holistic analysis of the entire issue and provided our opinion on how they should be classified under Pakistani law.
• Porsche Pakistan: We represented Porsche before the labour court in relation to a claim for unlawful dismissal from employment.
• McDonald’s: We are currently advising McDonalds on a number of employment matters related to claims for unpaid wages, registration with PESSI (social security institution) etc.

Dispute Resolution:

• Siddiqsons Limited: The firm is representing the client in a major International Arbitration before the Singapore International Arbitration Centre, in relation to a dispute arising out of non-performance of International Commercial Contracts subject to emergence of Covid-19 and non-delivery of equipment under EPCC Contracts. The firm is also handling a matter on behalf of the client before the Securities and Exchange Commission of Pakistan (SECP) and Pakistan Engineering Council (PEC), for the administration and/or windup of a company.
• Mughals Pakistan Private Limited: Represented Mughals Pakistan in an arbitration arising out of a contractual dispute based on a FIDIC contract (1999 – Red Book) between Mughals Pakistan and Pakistan Real-Estate Investment Management Company, over the construction of a 5 Star Hotel (initially identified as Serena Hotel, Lahore). Successfully obtained an Extension of Time (EOT) of 15 months from the arbitral tribunal. The Tribunal announced an award of PKR 1.9 in favor of Mughals Pakistan.
• Mughals Pakistan Private Limited: We are also representing Mughals Pakistan Private Limited in another construction dispute against the Employees Old Age Benefits Institute (EOBI) arising from the construction contract (FIDIC Red Book 1987) related to the EOBI Mall/Mix Use Project. We have filed a claim in excess of PKR 3.2 billion against the Employer for prolonged suspension of works.
• United Bank Limited: The firm is representing United Bank Limited in a number of recovery suits, mainly for the recovery of loans from M/s Shama Exports and Amtex Ltd. The recovery suit against Shama Exports has already been decreed in favor of the Bank for an amount in excess of PKR 300 million. The recovery suit against Amtex Limited – a publicly listed company – is still pending before the High Court where the amount being sought by the Bank is in excess of PKR 2 billion.
• Pak-Arab Housing Scheme: Pak-Arab was named and incriminated by the National Accountability Bureau in respect of overselling of plots in the Society. Furthermore, the CEO, a former Senator, was arrested and detained by the Authorities in more than two dozen FIRs filed against him in the same matter. The firm engaged in more than 50 settlements on behalf of the company and handled civil and criminal litigation against the CEO. Furthermore, Phase 2 of Pak-Arab Housing Society was declared illegal by the Authorities which is being contested by the firm before the relevant authorities.
• ENGRO Corporation: An allegation was placed on certain government individuals alleging that they had misused and misappropriated their power/authority in respect of awarding a contract to Engro Corp. for the installation of LNG Terminal 1 at Port Qasim, Karachi. Pakistan’s accountability watch-dog (NAB) has filed a criminal reference against the former Prime Minister accusing him of committing corrupt practices in awarding the contract for construction of LNG import terminal to Engro Corp. Some directors of Engro Corp stand accused of having received illegal gratification. We are also reviewing the entire material to assess whether there is sufficient incriminating material and, if yes, what mitigation steps should be adopted during trial, evidence and disposition.
• PakSat International (Pvt.) Ltd.: Our client, PAKSAT is the owner and operator of two satellites (PAKSAT 1 and PAKSAT 1-R) which provide satellite bandwidth to ISPs, telecommunication companies, broadcast and electronic media including some of the most well-known television channels in Pakistan’s media industry. Many of PAKSAT’s customers have defaulted in making payments under the Satellite Service Agreement. We have been engaged to help PAKSAT recover its debts from 20 customers. These are 20 different cases/arbitral claims/publishable matters that have been grouped under just one publishable matter. We have raised a team from our Dispute Resolution as well as Corporate and Commercial practice to represent PAKSAT and are following a multi-pronged strategy to recover the amounts. These claims are pending at various stages. 9 of these cases have been settled out of Court while the rest are ongoing.
• Venus Pakistan Limited: Venus Pakistan Ltd. had been sub-contracted by Supreme Foods FZC and Supreme Fuel GmBH, a subsidiary of the Supreme Group, a defence contractor for NATO and the US Government in Afghanistan. There has been a pending dispute in relation to unpaid invoices between the parties and proceedings are currently pending before the High Court of Karachi.
• Pakistan Telecommunication Authority (PTA): PTA had issued a notice to one of its licensees, a leading telecom operator, granting them the final opportunity to make payment of outstanding dues. This notice has been challenged before the Federal Court and the licensee has sought that the notice be declared unlawful. The unique aspect of this case is that the Regulator (PTA) intends to forward the matter to the National Accountability Bureau, which is the only watchdog in the country dealing with matters relating to corruption, embezzlement etc. The question of law to be decided by the Court is whether the telecom regulator can forward such matters to the watchdog. Our Firm has been engaged by PTA as lead counsel to appear and make arguments on behalf of PTA, defending PTA’s position in invoking the jurisdiction of the National Accountability Bureau. The outcome of this case will have extensive repercussions as the jurisdiction of the regulator could be expanded by the Court.

Projects & Energy

• Sui Northern Gas Pipeline Ltd. (SNGPL): The firm was hired by Sui Northern Gas Pipeline Limited for the drafting, negotiating and executing a Gas Supply Agreement and Gas Sale/Purchase Agreement for the supply of 50 mmcfd gas from Kandhkot Gas Field on take-or-pay basis and 30 mmcfd gas on as-available basis from Chachar Gas Field to the 1655 MW Guddu Power Plant in Sindh.
• National University of Science and Technology (NUST): Corporate Transaction with respect to Public-Private Partnership, in construction of Pakistan’s first National Science and Technology Park. This includes provision of Concession Agreements, all other disputes that evolve around the transaction.
• Mirza Associates Engineering Services Pvt. Ltd: Advised MAES with respect to the legal matters related to the Diamer-Bhasha Dam project. The Project is a concrete filled gravity hydel dam of almost 4800 MW. Furthermore, the firm is also the main advisory consultant with respect to the clients ongoing matter with Water and Power Development Authority regarding the Kohala Hydropower Project 1100MW.
• Interstate Gas Systems Ltd (ISGS): Advising Inter-State Gas Systems on the Iran-Pakistan Gas Pipeline on a variety of issues ranging from project structure to contract documents including GTA, GSA, PSR, OSA and LTOAs, Lease Agreements, MOUs, financing/load agreements and international sanctions.
• SUPARCO: The Firm advised on a cooperation agreement between SUPARCO and the Turkish Aerospace Industries (TAI) for joint studies and for the development of electric communication satellites and other space projects. The firm conducted a legal due diligence of the project and assessed the potential legal risks and impacts for the project.

Real Estate & Construction:

• Lahore Central Business District Development Authority (LCBDDA): We are the general counsels for LCBDDA a statutory body formulated to develop a “Central Business District” characterized by high-rise buildings. The firm has drafted all rules and regulations under the Act including the auction regulations, the procurement regulations, the PPP regulations and the land disposal regulations. More recently, we advised on the transaction structure and prepared the project documentation for the auction of 07 plots in the Central Business District. This included the bidding documents, the information memorandum, the auction document and the draft terms and conditions of sale. Some of the auctions will take place in a JV format and the other are intended to be granted under a concession framework.
• Highland Resorts, Zahid Traders: Our firm provided corporate advisory as to the construction of High-End Villas in Defence Housing Authority Quetta (DHA) and validity of the same subject to bylaws of DHA, PPRA and Land Laws of Pakistan, advising on ESCROW & Project Finance, writing Memorandums of Understanding and contracts that followed along with writing respective construction contracts in a manner best suited for client.
• Casa Grande Ventures (Pvt.) Limited: The firm advised and formulated complete documentation for the construction and development of a high-rise apartment building, based on a FIDIC contract, in the heart of Lahore, Pakistan. This included drafting the entire project documentation starting from the construction contract to the sale and purchase agreement with the end consumers. This also included drafting the project management agreement with an O&M operator. We advised the client on various ownership structures including HOA, condominium, sale, lease etc. We also rendered a legal opinion in respect to easements on the aspect of constructing a high rise within the heart of the city. Furthermore, the firm highlighted potential high-risk decisions along with liaising with the relevant Regulatory Authority and Government Departments to acquire the relevant permits and licenses.
• Habib Rafiq (Pvt.) Ltd.: ABS & Co. is the legal advisor to HRL and member of the Consortium which proposed an unsolicited project in the form of a Public Private Partnership to the Ravi Urban Development Authority for the development of 9,098 acres of land around the River Ravi area. The Firm was responsible for the complete transactional side of the project which included drafting various agreements with the Regulatory Authority including the main PPP/concession agreement. The firm was also responsible for formulating a working regime with a foreign construction company for foreign investment in the project, which included the transfer of funds and equipment from abroad.
• Punjab Social Security Institution (PESSI): PESSI through its subsidiary company, Punjab Social Security Health Management Company (PSSHMC) undertook a project for the construction of two 600 bed hospitals in rural areas of Punjab. The firm prepared the project documentation for the finance and development of the project and provided various legal opinions which included opinions on the procurement process for works and medical supplies. The Firm further vetted the transactional part of the project to ensure compliance with applicable laws.
• Pakistan International Airlines (PIA): Advising Pakistan International Airlines (PIA) with respect to the development, construction and operation of its properties on PPP mode. The firm advised on bidding documents for PPP approval, participation in the selection of the investor and development of the agreement with them, the drafting of the selected engineering firms and EPC firms, with respect to 3 commercial properties in Islamabad, Sialkot and Karachi. The concession agreement was also prepared by the firm.
• M/s Scot International (Pvt.) Limited: The firm advised the Company on submission of tenders document for procurement of Sports Flooring, SyntheticTurf and Functional Flooring from EU and Chinese Principal under agency for public importance projects e., National Stadiums, National Gymnasiums, etc. and helped prepare and review the entire project documentation for the revamp and re-installation of flooring at government-owned stadiums.
• Future Development Holdings (Pvt.) Ltd.: We are the general legal counsels of FDHL and advise them and their subsidiary companies on any and all of their legal matters. Our firm actively advises FDHL on the construction and development of the Capital Smart City Housing Scheme in Islamabad which spans an area over 30, 000 Kanals. The firm primarily drafts JV Agreements for acquisition of land and development, marketing and sale of developed plots along with various Civil Works, O&M agreements for the amnesties and SPV agreements in relation to the aforementioned projects.