Firm Profile > Khan & Associates > Lahore, Pakistan
Khan & Associates Offices
19D, SYED MARATAB ALI ROAD
FCC GULBERG IV
Khan & Associates > The Legal 500 Rankings
Dispute resolution Tier 5
Khan & Associates frequently acts for clients before the Pakistani courts and handles numerous cases on the domestic enforcement of foreign arbitration awards and judgements. Mansoor Khan is well-regarded and often appears before the Lahore, Sindh and Islamabad High Courts in addition to the Supreme Court of Pakistan. Khan is also rated for his work in international arbitrations.
Khan & Associates > Firm Profile
The firm: Khan & Associates is a full service law firm which specialises in advising international businesses on virtually all aspects of doing business in Pakistan. The firm is intimately familiar with the particular legal needs of multinationals with interests in Pakistan, from banking and property rights to dispute resolution and employment law.
Pakistani law entails complex and often ambiguous legal and regulatory structures where standardised ‘one size fits all’ advice generally proves inadequate. The firm takes pride in its close collaboration with clients which allows it to tailor individualised solutions to unique requirements.
With most of the firm’s clients headquartered in OECD countries, its clients value its advice, which enables them to conduct business successfully in Pakistan while following OECD’s principles of propriety, integrity and transparency. Indeed, the largest foreign investor in Pakistan’s history and another foreign entity that fought one of the most significant commercial cases before the courts of Pakistan both selected Khan & Associates as their firm of choice in protecting their interests in Pakistan.
Areas of practice
Corporate and commercial: As a full service law firm Khan & Associates maintains a broad-based general practice, with an emphasis on corporate law, mergers and acquisitions, tax anti-trust, banking and finance, employment, joint ventures, agencies and distributorship. Khan & Associates has the distinction of acting on behalf of the acquirer in Pakistan’s largest corporate acquisition to date – a US$2.6bn transaction – and continues to advise this acquirer on its business in Pakistan. The firm advised the government of Pakistan on the US$1bn international issue of Sukuk (Islamic bonds). The firm has also advised the government of Pakistan on its US$600m debut issue of Sukuk which were listed on the Luxembourg Stock Exchange. K&A recently represented a major international port terminal operator and container handling company in legal proceeding before the highest tax appellate tribunal in Pakistan and a High Court
Dispute resolution: The firm’s speciality is complex high-stakes dispute resolution which sophisticated clients know is not litigated in the press. With a preeminent dispute resolution practice and unmatched expertise in matters covered by the New York Convention of 1958, the value of Khan & Associates current dispute resolution matters exceeds US$5bn. The firm regularly represents clients before Pakistani courts in different cities and is currently handling numerous cases for domestic enforcement of foreign arbitration awards and judgments. It has appeared as counsel in international arbitration proceedings conducted under ICC, LCIA, UNCITRAL and ICSID rules. Most recently, the firm obtained injunctive relief for a client whose competitor was in the process of being awarded a procurement contract of approximately US$500m in violation of public procurement laws. The firm has a preeminent practice that cover all aspects of Pakistan public procurement laws. The firm has advised and acted for clients in courts in matters that exceed US$800m in value.
Energy, mining, oil and gas: The firm advises global firms on a variety of oil and gas, energy, mining, and infrastructure projects in Pakistan, with specific care to ensure compliance with environmental and other applicable regulations. The firm retains an edge by keeping abreast of the latest developments in the energy, mining and oil and gas sectors. K&A has carried out due diligence on behalf of a client for a proposed acquisition of a majority stake in a local utility company with assets exceeding US$2bn, generating annual revenues exceeding US$1bn and serving over ten million customers. K&A has advised a client on two contracts awarded for engineering, procurement and construction of two combined cycle power plants aggregating 2000-2500 MW (Gross).
Domestic and international taxation: Khan & Associates maintains a team which consists of highly qualified tax advisors and specialist tax lawyers to provide advice to clients on every aspect of Pakistani tax law enacted by the federal and the provincial legislators.The firm routinely provides advice to clients on cross-border transactions that require tax analysis from a local law perspective. The firm provides assistance to clients in assessing exposure to local taxation in cross-border transactions and in properly structuring those transactions in the light of international taxation rules contained in the local tax laws and the applicable tax treaties to mitigate or to quantify the risk of local tax liability.The firm also advises international clients on the business income taxation of their local businesses to ensure full compliance with local tax laws. The firm regularly renders advice on:
- Incidence of local taxation on sale of goods and / or services to an entity in Pakistan
- Taxation of dividend income
- Local import taxes and customs duties
- Provincial taxes on services
The firm provides assistance to clients in obtaining tax exemptions, where applicable, in respect of payments originating from Pakistan. The firm also assists clients in obtaining advance tax rulings from the tax authorities for confirmation of tax consequences of complex transactions.The firm has successfully represented a number of clients before the local tax authorities, administrative tribunals and courts in complex tax matters. Our lawyers regularly represent clients for the settlement of tax disputes and litigation before the tax appellate tribunals as well as the superior Pakistani courts.
Intellectual property: In today’s economy, ideas and innovation drive economic growth and business success. Intellectual property has become a vital factor for success in business, science and the arts. Intellectual property has emerged as an important but challenging area of law practice in Pakistan on account of the prevalent violation of IPR and the slow response of the courts. Although the government of Pakistan has shown its commitment to the protection of IPR by setting up special intellectual property tribunals, these tribunals are still in infancy and would take time to mature to provide the level of protection international businesses generally expect. K&A has an experienced team of qualified lawyers who regularly advise multinational companies on protection of their IPR in Pakistan. The firm possesses extensive experience in the registration and licensing of IPR in Pakistan, and regularly deals with the Intellectual Property Organization of Pakistan. We advise on novel and intricate areas of intellectual property laws
Labour and employment: Pakistan has most recently revamped its labour and employment laws. This activity was spurred by a major amendment in the Constitution of Pakistan under which the four provinces of the country and the capital territory were empowered to separately legislate upon employment and labour issues. Subsequent enactments of provincial legislatures have resulted in a rapidly evolving legal landscape that the employers must be aware of at all times. Since each province has a separate employment law, a company with operations in several provinces needs to be cognizant of variations in laws across provinces.
Khan & Associates regularly advises clients on devising and managing labour and employment policies and practices to ensure that they fully comply with the complex web of federal laws and the current provincial labour and employment laws. The firm provides advice on the employment aspects of business transactions that involve massive reductions in workforce.
The firm regularly assists the clients in drafting sensitive management-level employment contracts with unique compensation packages, separation agreements and severance packages. The firm provides effective risk management advice to the clients and helps them resolve employment disputes without recourse to expensive and time-consuming litigation which may also entail reputational damages.
Our labour and employment practice team consists of lawyers who understand business considerations and intricacies and are fully equipped with superior advocacy skills, as well as in-depth knowledge and experience of local labour laws. Our team also conducts internal investigations on behalf of the clients of sexual harassment and discrimination complaints and allegations of misconduct.
Public procurement: The private sector in Pakistan is much smaller than the public sector. The procurement of big-ticket items invariably involves the public sector. Any procurement by the government or a public sector entity is to comply with the public procurement laws, regulations and the practices approved by the courts through the case law.
Public procurement constitutes a significant proportion of the economic activity in Pakistan. From petty purchases to large infrastructure projects – the spectrum of activities covered by public procurement law is very broad.
Although public procurement represents an important business opportunity, it entails inherent risks and great uncertainty. All significant public procurements are routinely challenged in courts either on grounds of transparency or their lack of adherence to public procurement laws.
The procuring agencies responsible for public procurement frequently face capacity issues. This often leads to mistakes in the procurement process that eventually result in the courts declaring them “mis-procurement”. At times there are transparency issues. It is therefore always advisable to involve a legal counsel at the initial stage of bid submission.
Khan & Associates’ public procurement team possesses unmatched expertise in all areas related to public procurement laws of Pakistan. The firm routinely provides support and assistance to the bidders on tender drafting, assessing invitations to tender, drafting questions for the procuring agency and reviewing the tender to ensure that all the mandatory legal requirements have been fulfilled. The firm also provides legal assistance to the successful bidders in negotiating and drafting contracts. Our practice also covers advising on public-private partnership projects.
The firm has represented clients in some of the most prominent litigations that arose out of public procurement laws and went up to the Supreme Court of Pakistan.
Telecommunications: The firm offers extensive legal services to the telecommunications and IT sectors, including advising on acquisition, development, and sale of technology. Khan & Associates acted in the sale of Motorola Solutions wireless network business to Nokia Siemens, where it advised Motorola Solutions throughout the negotiation, including pre- and post-transaction. The firm has also advised on issues related to auction of 3G spectrum and the proposed restructuring of an international telecom operator.
Trademark: We at K&A fully appreciate the power of Brands for today’s businesses. We provide all services related to the registration of trademarks in Pakistan including: determining the registrability of the trademark, preparation of trademark applications, filing of the oppositions, and all other services leading to the grant of registration.
We have formidable experience in representing clients before courts in cases of infringement of their trademarks. K&A acts as the principal legal counsel in Pakistan of the world’s largest fast food restaurant chain and provides to it full support on, inter alia, IPR related issues.
Patents: It is well known that patents foster innovation and innovation is vital to the health of any economy. We are familiar with the procurement of patents and design protection, patent filings and prosecution, oppositions to the grant of patents and registration and assignment of the patents. We advise clients on all aspects ranging from patentability of an innovation to the grant of patents.
Copyrights :Copyrights protect businesses from counterfeit producers and provide a safeguard to authors of their publications. K&A is well-equipped to provide all the services ranging from procurement of registration of copyrights in Pakistan to effectively challenging the infringement of copyrights.
|Corporate and commercial||Mansoor Khan|
|Energy, mining, oil and gas||Saqib Majeed|
|Energy, mining, oil and gas||Usama Munir|
|Banking and finance||Mansoor Khan|
|Banking and finance||Saqib Majeed|
|Foreign investment||Saqib Majeed|
|Foreign investment||Usama Munir|
|Government business/regulatory||Saqib Majeed|
|Government business/regulatory||Usama Munir|
|Dispute resolution||Mansoor Khan|
|Dispute resolution||Saqib Majeed|
|Power, energy and natural resources||Mansoor Khan|
|Power, energy and natural resources||Usama Munir|
|Intellectual property||Saqib Majeed|
|Intellectual property||Usama Munir|
|International/local arbitration||Mansoor Khan|
|International/local arbitration||Saqib Majeed|
|Public procurement||Mansoor Khan|
|Public procurement||Saqib Majeed|