Asad Ladha

Asad Ladha is an Advocate of the High Courts of Pakistan and was called to the Bar of England and Wales (Lincoln’s Inn) in 2009. After the completion of his legal studies Asad practiced as a litigation lawyer in London, UK. In addition, Asad has also previously acted as a Legal Adviser to the Ministry of Justice, UK.

Asad has a broad practice encompassing commercial, tax, constitutional and general civil litigation. He acts for a wide range of clients, including multinationals, government and public bodies, non-governmental organizations and private individuals. He regularly appears before, and has also represented, a number of regulatory bodies including the State Bank of Pakistan (SBP), the Competition Commission of Pakistan (CCP) and the Securities and Exchange Commission of Pakistan (SECP) as well as their relevant appellate fora.

Tax

Asad has a thriving tax practice and is a go-to counsel for some of the largest taxpayers in Pakistan. He has acted in some of the highest value tax litigation in the country relating to Super Tax, Capital Value Tax, SIM card blockade for non-tax filers, tax on transfer of properties, windfall tax on banks and general challenges to some of the most significant and wide-ranging amendments to tax laws in the past decade. Asad routinely represents taxpayer clients in litigation against the tax department that involves disputed liabilities in the billions of rupees.

Telecom and Technology

Asad has built up significant expertise in the telecommunication and technology sectors and is a go to counsel for some of the largest telecom providers in Pakistan.

He is presently acting for CMPak Limited (wholly owned China Mobile Communications Corporation, which has the world’s largest mobile network and the world’s largest mobile customer base) in two of the largest regulatory disputes in the recent history of the telecom sector in Pakistan. The said disputes relate to spectrum interference in parts of CMPak’s spectrum allocation in both its 2G and 3G networks in Pakistan. The combined value of the said two disputes is over USD 1.5 billion.

Asad also regularly advises and represents CMPak, and several other major telecom providers and Passive Telecommunications Tower Provider companies in their negotiations and disputes with the telecom regulator in Pakistan, the Pakistan Telecommunication Authority (PTA). The said advice/disputes include Show Cause Notices issued by the PTA alleging breach of license terms or the applicable legal framework.

Asad also routinely advises his clients from the telecom sector with respect to their relationships and agreements with local vendors and partners and assists them in navigating the relevant legal landscape with respect to their operations in Pakistan, including managing their network of towers, use of rights of way, agreements with franchisees and local street vendors etc. In addition, Asad also plays a key role in his telecom clients’ engagement with local authorities and governmental bodies with respect to licenses, permissions, no objections certificates etc. that telecom companies need to obtain in order to lawfully carry out their operations within Pakistan.

Asad also regularly advises and represents his clients in the telecom sector with respective to their anti-trust disputes with other competitors in the market. He recently represented CMPak Limited before the Competition Commission of Pakistan in objecting to the proposed merger between two of the largest telecom operators in Pakistan.

Oil and Gas

Asad has extensive experience in Oil and Gas sector litigation. He has previously advised and acted for a number of oil and gas companies in relation to their contractual disputes with their Joint Venture partners over the interpretation of, and compliance with, Petroleum Concession Agreements (PCAs) and Joint Operating Agreements (JOAs). Asad has also successfully represented a major multi-national oil and gas company in complaints filed against them by the Environmental Protection Agency before the Environmental Protection Tribunal, Khyber Pakhtunkhwa (KPK).

Public Procurement

Asad has built up a considerable practice in the public procurement sector. He has previously acted for a consortium comprising local and foreign companies in litigation relating to the procurement process conducted by the Civil Aviation Authority for the award of licence to deploy, operate and maintain a Common Use Passenger Processing System and Baggage Reconciliation System in airports throughout Pakistan.

Asad acts and advises on a range of commercial issues and in particular has experience of shareholder disputes, applications against directors, applications under the Companies Act 2017 and Insolvency proceedings. Within his Commercial practice, Asad has represented clients from a number of industries including Banking, Cement, Food and Beverage, Oil and Gas, Manufacturing, Pharmaceuticals, Telecommunications and Textiles.

Cross-Border Disputes

Due to his experience of both Pakistani and foreign jurisdictions, Asad has built up considerable expertise in contentious civil, commercial and tax matters with an international element. For example, he has recently advised and represented a large state-owned Chinese energy company in relation to a multimillion-dollar contractual dispute with the Oil and Gas Development Company Limited (OGDCL). In addition, Asad currently acts for a major Chinese energy company in a substantial multimillion-dollar tax dispute concerning the question of what constitutes Pakistan source income of a foreign company for income tax purposes.

Arbitration

Asad also has a wealth of experience in conducting local arbitrations in Pakistan under the Arbitration Act, 1940. He has previously represented a major oil and gas company in a multimillion-dollar dispute with its Joint Venture partner and has also represented a major Chinese company in its dispute with the Oil and Gas Development Company Limited (OGDCL) worth more than US$50 million regarding imposition of liquidated damages and encashment of bank guarantees due to delays in the completion of an LPG Gas Processing Plant.
Asad has served as an Editor of the prestigious International Organisations Law Review published from the Netherlands. He has also contributed to the book titled “International Institutional Law” (Martinus Nijhoff Publishers). Asad has previously been a member of the visiting faculty at The Institute of Legal Studies (TILS), Lahore where he lectured in Human Rights and Public Law.
Asad heads the Islamabad office of the firm.

Representative Cases

Represented some of the highest taxpayers in the country (both entities and individuals) before the Islamabad High Court in successfully challenging the imposition of Super Tax through the insertion of Section 4C to the Income Tax Ordinance, 2001 which involved a disputed tax liability of several billion rupees for each client.

Represented a major state-owned Chinese energy company in a substantial tax dispute with the Oil and Gas Development Company Limited (OGDCL) involving a disputed tax liability of US$ 11 million arising out of an EPCC Contract for a LPG Processing Plant in Pakistan, before the Islamabad High Court.
Represented a major oil and gas exploration company in an Arbitration dispute in Pakistan under the Arbitration Act, 1940 with one of its Working Interest Owners arising out of a Joint Operating Agreement and Petroleum Concession Agreement involving claims and cross claims of more than US$10 million.
Advised and successfully acted for a consortium consisting of both national and multi-national companies in litigation before the Sindh High Court relating to the procurement process conducted by the Civil Aviation Authority for the award of licence to deploy, operate and maintain a Common Use Passenger Processing System and Baggage Reconciliation System in airports throughout Pakistan.
Represented a major state-owned Chinese company in its contractual dispute with the Oil and Gas Development Company Limited (OGDCL) involving claims and crossclaims worth more than US$100 million relating to an EPCC Contract for an LPG Gas Processing Plant, before the Civil Courts, Islamabad and the Islamabad High Court.

Represented the beneficiaries of a disputed will executed in Pakistan by a British national in which the assets of the estate were situated in the UK, in litigation before the Lahore Courts involving multi-jurisdictional issues which were simultaneously being litigated before the courts in Lahore and the High Court of Justice, United Kingdom (Queen’s Bench Division).

Represented a consortium consisting of both national and multi-national companies in their challenge before the Islamabad High Court to the procurement process conducted by the Federal Board of Revenue (FBR) for a Track and Trace System for Tobacco products.
Represented a major oil and gas exploration company and its directors in Writ Petitions and Companies Original Petitions before the Companies Bench of the Islamabad High Court wherein allegations of oppression and mismanagement were raised by minority shareholders of the company against its directors.
Represented the leading security and logistics group in Pakistan in an arbitration involving claims and crossclaims worth over US$3 million relating to disputes arising out of an agreement to supply trucks used for transportation.

Represented a major Chinese company before the High Court of Balochistan in a Writ Petition challenging the retrospective imposition of sales tax by the Balochistan Revenue Authority (BRA) following an amendment in the Balochistan Sales Tax on Services Act.

Advised and acted for the Pharma Bureau, an association of multi-national pharmaceutical companies, before the Competition Commission of Pakistan and secured the setting aside of a show cause notice which had raised allegations of price fixing and collusion.

• Represented a major oil and gas exploration company in an Arbitration under the Arbitration Act, 1940 with one of its Working Interest Owners arising out of a Joint Operating Agreement and Petroleum Concession Agreement involving claims and cross claims of more than US$10 million.
• Representing the oldest oil refinery in Pakistan before the Honourable Islamabad High Court challenging the retrospective imposition of a Premium by the Oil and Gas Development Company Limited (OGDCL) of approximately Rs. 1.8 billion. Interim injunctions have been granted by the Honourable Islamabad High Court against the said demands.
• Representing one of the largest textile mills in Pakistan in a number of cases against Sui Northern Gas Pipelines Limited (SNGPL) in challenges made under the Gas (Theft, Control and Recovery) Act, 2016 against gas bills issued to the mill exceeding Rs. 400 million.
• Represented a major multinational Oil and Gas Company before the Khyber Pakuhtunkhwa Environmental Protection Tribunal and the Honourable Peshawar High Court in which we successfully persuaded the High Court and the Tribunal to set aside criminal complaints initiated by the KPK Environmental Protection Agency under the KPK Environmental Protection Act against the CEO of the Company.
• Represented a major state-owned Chinese company in its contractual dispute with the Oil and Gas Development Company Limited (OGDCL) involving claims and crossclaims worth more than US$100 million relating to an EPCC Contract for an LPG Gas Processing Plant, before the Civil Courts, Islamabad and the Islamabad High Court.
• Represented the beneficiaries of a disputed will executed in Pakistan by a British national in which the assets of the estate were situated in the UK, in litigation before the learned Civil Court, Lahore involving multi-jurisdictional issues which were simultaneously being litigated before the courts in Lahore and the High Court of Justice, United Kingdom (Queen’s Bench Division).
• Representing a major oil and gas exploration company and its directors in two (2) Writ Petitions and three (3) Companies Original Petitions before the Companies Bench of the Islamabad High Court wherein allegations of oppression and mismanagement have been raised by a minority shareholder of the company. The issuance by the Company of a further Rs. 40.32 million worth of shares is also under challenge by the minority shareholder in the said Petitions.
• Represented the leading security and logistics group in Pakistan in an arbitration involving claims and crossclaims worth over US$3 million relating to disputes arising out of an agreement to supply trucks used for transportation.
• Represented a major Chinese company before the High Court of Balochistan in a Writ Petition challenging the retrospective imposition of sales tax by the Balochistan Revenue Authority (BRA) following an amendment in the Balochistan Sales Tax on Services Act.
• Advised and acted for the Pharma Bureau, an association of multi-national pharmaceutical companies, before the Competition Commission of Pakistan and secured the setting aside of a show cause notice which had raised allegations of price fixing and collusion.