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SIKANDAR BASHIR MOHMAND

Advocate Supreme Court

EDUCATION AND QUALIFICATIONS

  • LL.B (Hons.) (Oxford Brookes University)

  • LL.M (King’s College London, University of London)

PROFESSIONAL LEGAL MEMBERSHIPS

  • Supreme Court Bar Association

  • Enrolled as Advocate Supreme Court of Pakistan

  • Member Energy Lawyers Association of Pakistan

LEGAL EXPERIENCE AND EMPLOYMENT HISTORY:

  • Associate, Qazi Mohammad Anwar Law Associates, [January 1996 – August 1997]
  • Associate, Orr, Dignam & Co. (Advocates) [September 1997- March 2004]
  • Senior Associate, Hafeez Pirzada Law Associates/Independent Practice  [April 2004 – December 2015]
  • Partner, RIAA Barker Gillette (Advocates & Legal Consultants) [January 2016 – June 2016]
  • Partner, Mohmand & Sherpao (Advocates & Corporate Counsel)  [July 2016 onwards]

AREAS OF LEGAL PRACTICE AND GENERAL PROFESSIONAL EXPERIENCE:

General Corporate/Commercial Advisory and Litigation (Dispute Resolution)

General legal advisory work on civil and commercial laws of Pakistan including: company law, acquisitions (including equity and asset based acquisitions), anti-trust (competition) laws, regulatory issues (including power, oil & gas, telecommunication), banking, international sale of goods, service contracts, franchise and distribution contracts, foreign investments, joint ventures, concession agreements, exchange control regulations, project finance, privatisation, petroleum laws, trade remedy laws relating to antidumping, countervailing and safeguard measures and undertaking commercial litigation before all five the High Courts and the Supreme Court as well as arbitration proceedings domestically and international commercial arbitrations.

Also, regularly appeared before or interacted with various tribunals and regulatory bodies including, in particular, the Competition Commission of Pakistan; the National Tariff Commission and Pakistan Telecommunication Authority; and the Securities & Exchange Commission of Pakistan.

Reported decisions of the Supreme Court of Pakistan and High Courts of Pakistan in which have appeared as Counsel and or assisted Senior Counsel include the following:

  • All Pakistan Newspaper Society & Others versus Federation of Pakistan & Others (PLD 2004 SC 600) [Supreme Court: Article 184(3) proceedings (Wage Board Award)]
  • Watan Party versus Federation of Pakistan & Others (PLD 2006 SC 697) [Supreme Court. Privatisation of Pakistan Steel Mills]
  • Munir A. Malik versus Malik Muhammad Qayyum & Others (PLD 2007 SC 262) [Supreme Court: Election of the President Supreme Court Bar Association].
  • State Bank of Pakistan versus Khyber Zaman & Others (2004 SCMR 1426) [Supreme Court: terms and conditions of service of State Bank employees].
  • Petrosin Products (Pvt.) Limited versus Government of Pakistan (2000 MLD 785) [High Court: Injunction of Bank Guarantee/Privatisation]
  • Imran Traders versus Ministry of Commerce & Others (2006 PTD 1446) [High Court: First reported Judgment on the Antidumping Duties Ordinance]
  • Ahmed Kuli Khan Khattak versus A. Faruqi & 6 Others (2005 YLR 2496) [High Court: Takeover of Listed company].
  • Skeikh Abdul Sattar Lassi versus Federation of Pakistan & 6 Others (2006 CLD 18) [High Court: Vires of Section 15 of Financial Institutions (Recovery of Finances) Ordinance, 2001].
  • Maulana Abdul Haq Baloch and two others versus The Government of Balochistan and others (PLD 2007 Quetta 118) [High Court: Award of mining concession rights].
  • Munda Hydropower Limited versus Federation of Pakistan (2009 MLD 526) [High Court: Civil Suit for Enforcement of Fundamental Rights].
  • Munda Hydropower Limited versus Federation of Pakistan (2009 MLD 414) [High Court: Interlocutory Proceedings in Civil Suit].
  • SMC No. 5 of 2009 (PLD 2010 SC 731 ) [Supreme Court: Article 184(3) Suo Moto Proceedings. Award of LNG Contract.]
  • Ehsanuallah Reki versus Gen (Retd.) Abdul Qadir Baloch (2010 SCMR 1271) [Supreme Court: Appeal under Election Laws].
  • Mubashir Hassan versus Federation of Pakistan & Others (PLD 2010 SC 265) [Supreme Court: Vires of National Reconciliation Ordinance (NRO)].
  • HRC 7734/G of 2009 (2012 SCMR 773) [Supreme Court: Rental Power Cases. Suo Moto]
  • Maulana Abdul Haq Baloch versus Government of Balochistan (PLD 2013 SC 641) [Supreme Court: Legality of Grant of Mining Concession (Gold and Copper Mine)]
  • Jahangir Khan Tareen versus Muhammad Siddique Khan Baloch (2014 CLC 1502) [Election Tribunal (Punjab): Verification of Thumb Impression by NADRA]
  • Jahangir Khan Tareen versus Muhammad Siddique Khan Baloch (2014 CLC 798) [Election Tribunal (Punjab): Right of Witness to Refresh Memory]
  • Muhammad Alam versus Government of the Punjab & Another (PLD 2013 Lahore 528) [High Court: Vires of ban on establishment or enlargement of sugar mills in the Punjab – Successfully Defended]
  • Aerotron (Private) Limited versus Federation of Pakistan (2014 CLC 16300 [High Court: Blacklisting of Agent by Ministry of Defence]
  • Jahangir Khan Tareen versus Muhammad Siddique Khan Baloch (2014 SCMR 308) [Supreme Court: Election Matter]
  • Asghar Abbas Gardezi versus Securities & Exchange Commission of Pakistan & Others (2013 SCMR 1872( [Supreme Court: Application of Listed Companies (Substantial Acquisition of Voting Shares & Takeovers) Ordinance, 2002]
  • Asghar Abbas Gardezi versus Securities & Exchange Commission of Pakistan & Others (2013 CLD 1736) {High Court: Application of Listed Companies (Substantial Acquisition of Voting Shares & Takeovers) Ordinance, 2002]

Oil & Gas:

Acted for Oil & Gas Development Company Limited from time to time as external Counsel and during this period advising on a host of matters involving or relating to Gas Supply Agreements with IPPs; Gas Sale & Purchase Agreements; LPG Sale and Purchase Agreements; Petroleum Concession Agreements, Joint Operating Agreements and other regulatory and corporate matters, including farm-out of Working Interests. Acted as General Counsel and Company Secretary  to MESA Petroleum (Private) Limited, an oil and gas exploration and investment company based in Islamabad. Acted as Counsel in litigation matters for Tullow Developments (Pakistan) Limited and oil and gas exploration and production company with several producing working  interests in Pakistan and also providing general corporate and regulatory advice from time to time. Recently successfully acted for United Energy Group Limited of Hong Kong in connection with legal proceedings instituted by a Working Interest Owner in relation to the sale of assets of BP in Pakistan. Advising the Pakistan Petroleum Exploration & Production Companies Association on the impact of the Constitution (Eighteenth Amendment) Act, 2010 on the incidence of ownership as well as distribution of executive and legislative authority over mineral oil and natural gas of the Federation and the Provinces. Acted as Counsel for GDF Suez before the Supreme Court of Pakistan in Suo Moto litigation involving a challenge to the award by the Government of Pakistan of a long term LNG supply contract as well as advice on the regulatory regime governing LNG import and sale. Acting for Petitioners from both Sindh and Balochistan in a (direct) Constitution Petition the Supreme Court of Pakistan seeking enforcement of Article 158 of the Constitution (priority of requirements of natural gas).

Policy advice to Government and Multilateral Institutions :

Domestic Legal Expert to the Asian Development Bank (“ADB”) & the Ministry of Finance, Government of Pakistan in connection with the ADB funded project relating to Enhancing Capital Market Depth in Pakistan and proving advice on Pakistan law issues for the report submitted to the Ministry of Finance; legal advisor to ADB & the Ministry of Commerce in connection with drafting separate legislation on anti-dumping duties, countervailing duties and safeguard measures to implement the relevant agreements of the World Trade Organisation as part of the ADB sponsored Institutional Support for Trade Regime and Modernisation of Customs Administration Project; legal advisor to ADB & the Ministry of Law and Justice in connection with the Economic Law Reform cluster of the ADB funded Legal and Judicial Reform Project; preparation of detailed report sponsored by the Aga Khan Foundation on the laws relating to establishment of charitable organisations for the Pakistan Centre for Philanthropy; legal advisor to IUCN – The World Conservation Union and the United Nations Development Programme on the incorporation of a self sustaining endowment fund to finance biodiversity conservation in the Northern Areas of Pakistan; preparation of comprehensive studies and reports on specific areas for the Government of Pakistan and multilateral agencies.

Legislation Drafting & International Trade Law:

  • Drafted the following pieces of legislation to give effect in Pakistan to the relevant Agreements of the General Agreement on Tariffs and Trade, 1994 relating to Anti-Dumping Duties, Countervailing Duties and Safeguards Measures:
    • Anti-Dumping Duties Ordinance, 2000
    • Anti-Dumping Rules, 2001
    • Countervailing Duties Ordinance, 2001
    • Countervailing Duties Rules, 2001
    • Safeguard Measures Ordinance, 2001
    • Safeguard Measures Rules, 2001
    • Draft Ordinance providing for the restructuring of the National Tariff Commission, Government of Pakistan.

 

  • Drafting legislation for the reorganization of the Central Board of Revenue into the Pakistan Revenue Service on behalf of the Ministry of Finance and the World Bank.
  • Review and preparation of draft Ordinance providing for the establishment of the Oil & Gas Regulatory Authority on behalf of the Privatisation Commission
  • Acted on behalf of Siddiqsons Limited in connection with antidumping application filed with the National Tariff Commission in respect of “tin plate” being dumped into Pakistan.
  • Advised domestic Dairy Industry in connection with possible countervailing measures application against the European Union.
  • Acted on behalf of domestic Footwear Industry in connection with safeguards measures application being filed with the National Tariff Commission in respect of imports of footwear from China and other countries.
  • Acting on behalf of domestic floor and wall tiles manufacturers in dumped imports of tiles originating in China in which final anti-dumping duty has been imposed.
  • Counsel for an interested party in the antidumping investigation initiated by the National Tariff Commission in respect of imports of Polyester Staple Fibre from Indonesia, Korea and Thailand.
  • Counsel for interested parties in the antidumping investigation initiated by the National Tariff Commission in respect of imports of C. Billets from China.
  • Extensive experience of antidumping investigations initiated by the National Tariff Commission, including but not limited to, advice and opinions on the interpretation and practice of antidumping investigations under Pakistan law; representing interested parties in antidumping investigations before the National Tariff Commission during the course of investigations as well as hearings before the National Tariff Commission; representing and or advising interested parties in legal proceedings initiated in the High Court and Supreme Court of Pakistan in relation to determinations of the National Tariff Commission and allied legal issues arising in antidumping investigations.
  • Appeared as Counsel for the successful party in the first reported decision of the High Court on the Antidumping Anti-Dumping Duties Ordinance, 2000.

Represented BOPP Film Industry in an antidumping matter before the Islamabad High Court. Injunction Successful Obtained against initiation of investigation.

Telecommunications :

Transactional, advisory and litigation services to various telecommunication companies as well as representation before the Pakistan Telecommunication Authority and advice on the rules and regulations framed by the Pakistan Telecommunication Authority. Acted for Millicom International Cellular S.A. and Millicom Pakistan B.V from time to time and rendered advice in connection with Paktel Limited and Pakcom Limited (Instaphone) including the sale and transfer of shareholding to the Arfeen Group of Companies  and China Mobile Communications Corporation Limited; acted on behalf of Paktel Limited and Pakcom Limited in connection with various disputes relating to license renewal with the Pakistan Telecommunication Authority. Acted for Phoenix Security in connection with the licensing of its operations by the Pakistan Telecommunication Authority. Acted and advised both the Privatisation Commission and the Financial Advisory Consortium in connection with the sale of shares in Pakistan Telecommunication Company Limited. Advised the shareholders of Circle Net Communications (Private) Limited from time to time in connection with its corporate and other matters. Acted for Pakistan Telecommunication Company Limited in relation to legal proceedings before the Islamabad High Court against decisions of the Pakistan Telecommunication Authority.

Foreign Investment :

Acted for prospective foreign investors (in the Services, Information Technology, Telecommunication,  Tourism & Hospitality, Petroleum, Power and Banking Sector) and providing advice on Pakistan laws in connection with undertaking business in Pakistan. Advice provided includes legal and regulatory regime applicable to foreign investors in  Pakistan, establishment and incorporation of Pakistan entities (including companies, trusts, branch offices and liaison offices), labour laws applicable to management level employees, preparation of employment contracts, licensing requirements and other consents required and foreign exchange regulations.

Competition Law :

Advising clients on the impact of the Competition Act, 2010 (and each of the earlier Competition Ordinances) in relation to mergers, acquisitions, share purchase transactions and joint ventures. Appearing before the Competition Commission in investigations initiated by it. Also, appearing in the High Courts (Lahore and Islamabad) and Supreme Court of Pakistan in connection with matters in which the vires of the Competition Ordinances/Act has been impugned on behalf of the sugar industry and the poultry industry. Also advising the beverage, construction and telecom industry from time to time on the applicable requirements of the Competition Act, 2010 and preparing appropriate representations in this regard.

Energy, Mining and Power Generation :

Advising an English listed company in connection with establishment in Pakistan of two coal fired mine mouth power projects of 300 MW and 150 MW each in the Thar. Advising on the Sindh Mining Concession Rules, 2002 from time to time. Undertaking legal due diligence of proposed mining projects and power projects. Acted as Counsel to Tethyan Copper Company Limited (originally listed on the ASX and subsequently acquired by Antofagasta PLC and Barrick Gold Corporation)  and Tethyan Copper Company (Pakistan) (Private) Limited in connection with large Gold & Copper Mining Project located in Balochistan, Pakistan; advising on the Balochistan Mining Concession Rules, 2002 from time to time as well as foreign investment and corporate issues; advising in connection with preparation and negotiation of Mineral Agreement with the Federal and Provincial Government and Joint Venture Agreement between foreign investor and the Provincial Government; advising shareholders in connection with the takeover bid by Skafel Pty and subsequently by Antofagasta Plc. and Barrick Gold Corporation of Tethyan Copper Company Limited; acting as Pakistan Counsel to BHP Billiton and BHP Minerals International Exploration Inc. in connection with litigation before the High Court and Supreme Court relating to grant of concession and exploration and prospecting licenses.

Privatisation :

Acted as Pakistan Counsel to international financial advisors of the Privatisation Commission (including PricewaterhouseCoopers, JP Morgan Chase, International Finance Corporation) in connection with the privatisation and restructuring of Karachi Electric Supply Company Ltd., Jamshoro Power Company Limited, Faisalabad Area Electricity Board, Sui Northern Gas Pipelines Ltd., Sui Southern Gas Company Ltd.; Pakistan State Oil Ltd., Pakistan Oilfields Ltd.; legal advisor to the Privatisation Commission on post-privatisation issues arising in relation to Kot Addu Power Company Ltd; legal advisor to a large foreign LPG distribution and marketing company in connection with the privatisation of the LPG assets of Sui Southern Gas Company Ltd. and Sui Northern Gas Pipelines Ltd. Act as Counsel for the Government of Pakistan in legal proceedings challenging the privatisation of Pakistan Steel Mills Limited and Pakistan Telecommunication Company Limited and Pakistan State Oil.

Banking :

Acted for various foreign and local banks including HSBC Pakistan & Askari Commercial Bank in connection with preparing, reviewing & revising loan documentation (including syndicated finance agreements) security documents and bank guarantees; acted as Pakistan Counsel to Nissho Awai Corporation and other  international lenders in connection with financial restructuring of a large Independent Power Producer in Pakistan; advising on legal aspects of rescheduling Pakistan’s sovereign debt from the Government of Japan; providing legal  advice to both domestic and foreign banks from time to time on regulatory issues including Prudential Regulations, foreign exchange regulations, advising an investment company in connection with acquisition of a bank in Pakistan. Acted as Counsel for Saudi Pak Commercial Bank Limited in legal proceedings challenging the vires of a banking recovery statute.

PUBLICATIONS

  • Contributor:  “Islam and Interest Provisions in Pakistan”- Asia Business Law Review.
  • Contributor:   “Establishment of Charitable Organizations in Pakistan”(sponsored by the Aga Khan Foundation) for the Pakistan Centre for Philanthropy.
  • Author: “Interest – Unlawful Gain or Legitimate Profit under Pakistan law?” in Blue Chip
  • Authors’ Acknowledgment: In Choked Pipes (Reforming Pakistan’s Mixed Health Systems) by Dr. Sania Nishtar (Oxford University Press 2010)