M Anas Makhdoom

Anas has over 13 years of knowledge and experience in litigation before the Supreme Court of Pakistan, the High Courts and various sub-ordinate courts and tribunals. Anas has also represented companies in domestic and international arbitrations.

a.  Constitutional and Commercial Litigation

Anas assisted senior counsel representing the Pakistani subsidiary of Tethyan Copper Company, a joint venture between Barrick Gold of Canada and Antofagasta of Chile in the Supreme Court of Pakistan. He also advised on various aspects of the international arbitration proceedings arising out of the dispute. [Reko Diq litigation PLD 2013 SC 641]

Anas also successfully represented the Federal Government in the most significant constitutional case in the history of Pakistan (heard by a 17-member bench of the Supreme Court of Pakistan) in relation to challenges made to the power of Parliament to promulgate wide ranging amendments in the Constitution enhancing fundamental rights, introducing a new process of judicial appointments and the establishment of military courts in the 18th, 19th and 21st Amendments to the Constitution. [District Bar Association, Rawalpindi v Federation of Pakistan PLD 2015 SC 401]

Anas acted for a large construction conglomerate in a procurement related dispute pending in the High Courts in relation to the World Bank funded rehabilitation of the Guddu Barrage under the auspices of the Sindh Barrages Improvement Project. [Sinotec Co. Ltd. v Province of Sindh & Others PLD 2018 Sindh 303].

Anas was recently engaged by the Federal Board of Revenue to act for it to defend an amendment in the Customs Act, 1969 to validate the retrospective collection of Regulatory Duty. The matter is now under appeal in the Supreme Court of Pakistan. [Dewan Motors v Federation of Pakistan].

Anas has also represented the Sindh Revenue Board in respect of challenges to the imposition of Sindh Sales Tax on Services on the Renting of Immovable Property. The matter is now under appeal in the Supreme Court. [Youngs (Pvt) Ltd. v Province of Sindh]

Anas is representing NLC in litigation before the Supreme Court and High Court in respect of tax and customs related issues. NLC has filed 1218 appeals to the Supreme Court challenging a consolidated judgment of the High Court in respect of the recovery of tax and penalty by the customs department of billions of Rupees in respect of transport under the Afghan Transit Trade Agreement [National Logistics Cell v Federation of Pakistan, Ongoing]. In addition, he is also acting for NLC in a number of connected litigations in respect of the charging of tax by the Sindh Revenue Board [National Logistics Cells v Province of Sindh, Ongoing].

Anas has extensive experience of acting for the Ministry of Energy and its associated entities in litigation before the High Court and the Supreme Court. He is presently representing the Ministry and the Private Power and Infrastructure Board in litigation before the High Court challenging the cancellation of the Letter of Support given to a composite coal-fired power project. [Fateh Textile Mills v Federation of Pakistan, Ongoing] 

He successfully defended the National Transmission and Despatch Company in respect of litigation arising out of the construction of an extra high voltage transmission line in Karachi [Fauji Oil Transmission and Distribution Company v Port Qasim Authority and Tuwairqi Steel Mills v Pakistan

Steel Mills] 

Anas is also acting for NTDC and Central Power Purchasing Agency in relation to proceedings arising out of supply of electricity to K-Electric which are under challenge in High Courts [K-Electric v Federation of Pakistan, Ongoing].

Anas is assisted senior counsel representing several companies in litigation relating to the imposition of a Provincial Sales Tax on Services, pursuant to the Eighteenth Amendment to the Constitution. He successfully represented Warid, Ufone, Zong and Telenor in the Islamabad High Court in relation to the levy of Federal Excise Duty on telecommunication services particularly after the passage of the 18th Amendment to the Constitution and the allegation that they have evaded Excise duty in excess of Rs 40 Billion in relation to calls between different mobile networks. [Warid Telecom v Federation of Pakistan 2014 PTD 752 (IHC) (under appeal)]

Anas is representing a number of companies in constitutional challenges to the Worker’s Welfare Fund levy before the Supreme Court and Sindh High Court. Recently he acted for a number of companies challenging the vires of the amendments to the Worker’s Welfare Fund levy before a Full Bench of the Sindh High Court [Shahbaz Garments v Federation of Pakistan & Others PLD 2013 Kar 449]. He also represented some textile companies in litigation before the Supreme Court and the

High Court of Sindh in respect of the imposition of Gas Infrastructure Development Cess [Cherat Cement v Federation of Pakistan]. He is presently also involved in appeals arising out of the judgment of High Court of Sindh in respect of the imposition of Infrastructure Cess by the Government of Sindh.

He has also represented numerous companies and financial institutions in recovery proceedings before the Supreme Court and High Courts. He successfully obtained a decree of over one billion rupees on behalf of a Bank form a defaulting company. [Habib Metropolitan Bank v Century 21 Textiles and Sportswear Limited (Sindh High Court), Zeeshan Energy v Faysal Bank Limited (Supreme Court)].

b.  Arbitrations

Anas has also considerable experience of international and domestic arbitrations. These include arbitrations in the construction and the upstream and downstream power and energy sector litigation.

Anas is lead counsel in a $170 million dollar dispute arising out of a FIDIC Silver Book based EPC Contract for the setting up of a Power Project. The proceedings are presently before the Dispute Adjudication Board. [Ongoing]

Anas is also presently advising a composite coal mine and coal fired power plant in relation to a dispute with the Government of Pakistan under the UK-Pakistan Bilateral Investment Treaty. [ICSID Arbitration]

Anas successfully acted for and advised nine Independent Power Producers (IPPs) in an international arbitration in relation to payment of capacity charges under their respective power purchase agreements with the NTDC. The IPP’s were awarded substantial damages in international arbitration. [LCIA Arbitration]

Anas has acted for an IPP in relation to a dispute with its O&M Contractor in relation to poor maintenance standards and breakdowns. This issue was the subject matter of contentious litigation in the High Court as well as arbitration proceedings in London. [ICC Arbitration]

Anas also represented three IPPs in an international arbitration in relation to take or pay clauses in gas purchase contracts with SNGPL. [LCIA Arbitration]

Anas has also acted for another IPP in an expert determination concerning a dispute with its power purchaser over the indexation of a component of its Tariff. The IPP was awarded substantial damages. The matter was then referred to arbitration in Singapore and was settled out of Court. [ICC Arbitration]

c.  International Litigation

Anas has also represented a number of textile companies in different arbitrations before the International Cotton Association, including in one case that went up to the Court of Appeal of England and Wales [Dunavant Enterprises v Olympia Spinning and Weaving Mills Limited [2011] EWHC 2028].

He also acts for a number of companies defending enforcement proceedings under the New York Convention in respect of awards arising out of foreign arbitrations. Anas has also represented denim and other textile goods manufacturers in a safeguard measures investigation in Turkey. Anas has also advised on a number of Investor Treaty Arbitrations and related proceedings in the High Court in England and Wales.

Anas has also advised parties in anti-dumping investigations and the implementation of their decisions.

Anas has also in the past assisted Paul Gott QC, Fountain Court Chambers acting for British Airways in British Airways plc v Unite [2010] IRLR 423 (High Court of England - injunction to prevent 12-day strike by BA cabin crew over Xmas 2009) and in in British Airways plc v Unite (No.2) [2010] IRLR 809 (High Court and Court of Appeal in England - injunction application to restrain May/June 2010 cabin crew strike action). This decision was upheld on appeal all the way to the Supreme Court and resulted in proceedings before the European Court of Human Rights RMT v UK [2014] ECHR 366.

In addition, Anas has also assisted Jeff Chapman QC, Fountain Court Chambers in Parabola Investments v. MF Global and others [2010] EWCA Civ 486; [2009] EWHC 901 (Comm) in the Court of Appeal in England pertaining to proper measure of damages in the tort of deceit arising out of substantial Commercial Court fraud trial concerning CFD and FOREX trading. 

In addition, Anas routinely acts for and advises several of Pakistan's largest manufacturing concerns, on commercial and taxation related issues as part of our retainer services.

Anas is retained by a number of companies for regular advisory work including the All Pakistan Textile Mills Association, Korangi Association of Trade and Industry, a number of textile and denim manufacturers, IT companies, power and energy project companies and mining and mine developers.

Anas has been heavily involved in transactional and advisory work and has extensive experience in power projects, public private partnerships, mergers and acquisitions and infrastructure projects. This includes advising on public procurement and government concessions including in the infrastructure, construction, ports and energy sectors.

Anas is presently acting as project counsel for a first of its kind composite coal mine, coal fired power project and coal to gas conversion project under the CPEC umbrella. He has also acted for the sponsors of five wind power IPPs in Sindh which are financed by various international development financial institutions. He negotiated and advised on the implementation agreement, power acquisition contracts, financing documents with local and foreign lenders and EPC contracts.

Anas acted for sponsors in the first of its kind run-of-the-river hydro power project on a canal. This was a greenfield Public Private Partnership project with the Government of Sindh. This involved the drafting and negotiating of project documents leading up to the award of the project, Tariff Petition before NEPRA, obtaining requisite regulatory approvals (including merger approval from the Competition Commission), negotiating financing documents and EPC contracts and support in

successful implementation of the project.

Anas also has extensive experience of M&A transactions. He is currently advising on the buyout of strategic stake in a container handling terminal in Pakistan by a consortium of local and foreign investors and the acquisition of a wind power project by an American power developer. He has in the past advised a bank on its acquisition of the Pakistan operations of HSBC Middle East. He also acted for a middle-eastern investor on the acquisition of two power projects with a combined generation capacity of over 1000 MW. The firm also recently acted for the acquisition of a strategic stake in a container terminal and port in Pakistan. These involved conducting legal due diligence, negotiating and drafting the share purchase agreements and obtaining requisite regulatory approvals (including merger approval).

Anas is also engaged by clients for international transactional work. Anas recently advised on the acquisition of two gold mines in Australia. He was also advised on a farm-in agreement for an iron-ore mine in the Republic of Guinea.