The Firm has substantial experience in dealing with issues relating to the Power and Energy Sectors. Members of the Firm advised and were involved in a number of the Independent Power Producer projects that were set up in the mid-1990s, particularly with respect to the preparation and negotiation of various project contracts, acting variously for the project company, the lenders and the EPC and O&M contractors.
Subsequently, the Firm was involved in litigation arising out of similar IPP contracts, including most prominently, the disputes between the Government of Pakistan, WAPDA and The Hub Power Company Limited. More recently, the Firm was engaged by senior counsel to assist in representing The Karachi Electric Supply Company Limited in litigation initiated by Siemens (Pakistan) Engineering Company Limited for the recovery of approximately US$ 46 million.
Members of the Firm have regularly advised and represented WAPDA, including in the dispute between WAPDA and The National Grid Company plc. Members of the Firm have also appeared before the regulatory body NEPRA with respect to issues such as the licensing of Small Power Producers and the setting of tariffs by NEPRA.
In 2003, the Firm was appointed by the Asian Development Bank as a consultant to prepare a report on hydropower generation and to present recommendations to increase the involvement of the private sector in hydel power generation. The Firm is also currently acting as a legal consultant with respect to an ADB project relating to increasing energy efficiency in Pakistan. In June 2008, one of the members of the Firm delivered a paper at an international energy conference on the Energy Charter Treaty and its relevance to the proposed Iran-Pakistan-India (IPI) pipeline. The Firm was also engaged to advise the Government of the Punjab in the development of a new policy regarding private sector hydel power generation on the canals of the Province.
The Firm has represented Jamshoro Joint Venture Limited in negotiations with Sui Southern Gas Company Limited, the O&M and EPC Contractor and a consortium of domestic banks regarding the setting up of an LPG extraction plant at Jamshoro. Recently, the Firm advised the owner of a major power generation plant in negotiating and settling the contracts for increasing the capacity of the plant.
The Firm has also been involved in litigation and arbitration relating to the energy sector. For example, it represented a number of LPG companies before the High Court of Sindh in challenging the mode and manner of the allocation of quotas. Current cases being handled by the Firm relating to the energy sector include:
• representing solar energy companies against the Central Power Purchasing Agency in three connected LCIA arbitrations relating to breach of contract and claims for liquidated damages;
• representing the LPG Association of Pakistan in its challenge to the jurisdiction of the Competition Commission of Pakistan over the issue of LPG pricing;
• assisting senior counsel in cases for Pakistan Petroleum Limited and BP Pakistan Exploration and Production, Inc. pending before the Supreme Court of Pakistan;
• acting for Engro Corporation Limited in a challenge to the grant of licenses for the construction of terminals for the import of LPG;
• acting for DH Fertilizers Limited in a challenge to the Federal Government’s discriminatory failure to abide by the Natural Gas Allocation and Management Policy, 2005;
• acting for Engro Fertilisers Limited in a challenge regarding the award of a contract for supply of gas.
The Firm has also advised clients regarding environmental issues, both with respect to power projects and otherwise. Members of the Firm successfully assisted senior counsel in defending a multi-billion dollar development project in Karachi against environmental objections raised by local interest groups. Members of the Firm advised the Government of Pakistan on international environmental law issues in relation to negotiations and discussions with the Government of India under the Indus Waters Treaty, 1960. The Firm is presently handling cases in the Lahore High Court regarding the enforcement of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes.