Civil & Commercial Litigation

The experience of our lawyers in contentious commercial and civil litigation spans over a number of decades. We regularly represent multinationals and local corporations before the Supreme Court, High Courts of Pakistan, the subordinate District Courts, Adjudication Tribunal of the State Bank of Pakistan and its Appellate Tribunal and before the Registrar of Copyright and Trademarks.

The spectrum of our litigation practice is predicated on diversity and includes representing clients in various areas of law including banking law, constitutional law, clinical negligence, foreign exchange law, intellectual property law and company law.

The lawyers at LMA are highly qualified and experienced and regularly provide comprehensive, multi-faceted advice on all stages of the litigation proceedings at hand. Our lawyers are also well regarded for their experience and ability to deal with cross-border litigation.

The firm has been involved in favourable High Court proceedings in the United Kingdom on behalf of Habib Bank Limited and dispute resolution in relation to Dubai based borrowers of Pakistani origin in the Emirate of Dubai with successful results.

The team of litigators at LMA, consisting of Barristers and Advocates, are highly respected by the judiciary as well as clients. LMA has also represented and successfully defended the State Bank of Pakistan in an action brought by the shareholders of KASB Bank Limited in respect of the amalgamation of KASB Bank Limited with and into Bank Islami Limited under section 47 of the Banking Companies Ordinance, 1962.

The lawyers at LMA have also been involved in representing local and international clients in alternative dispute resolution proceedings in Pakistan under the domestic arbitration law as well as international arbitration forums.

We represent banks and financial institutions in a variety of contentious matters, but primarily act for recovery of finances availed by consumers and corporate clients, under financing and security documents. Our approach is swift and effective, working closely with the in-house counsels of the banks, ensuring that any external risks are adequately mitigated.

We act for businesses and individual clients in respect of disputes arising out of their civil rights, seeking to claim damages, specific performance or injunction. The civil right may accrue in a variety of areas, including landlord and tenants’ disputes, family law disputes, money claims, defamation, partnership disputes etc. We adopt a results-oriented approach and discuss the merits of the claim with the client before undertaking to represent them.

Once we are engaged, we adopt an agile and effective legal strategy to ensure the most favourable outcome for our client. Where necessary, we can act quickly to obtain injunctions to prevent any further damage/loss to our client. One distinguishing element of our firm is that we keep our clients apprised of the status of the case on a frequent basis, by sharing case updates, upcoming hearings, and all necessary information so that our clients are at ease and aware of where their matter stands.

We understand that contractual and commercial dispute can be damaging to our business and individual clients alike and requires careful handling and an urgent response. Our team of litigation lawyers are experienced in handling commercial and contractual disputes in a diligent and responsive manner.

We represent clients before the High Courts and District Courts at Karachi, in disputes arising out of breaches of contracts and commercial dealings, shareholder disputes, professional negligence, regulatory breaches, breaches of employment contracts, breaches of intellectual property rights etc. In the event of a dispute, we assist our clients to navigate seamlessly through the full life cycle of the litigation case and ensure that our clients are kept updated at each stage of the matter.

We also act for clients in matters relating to complex mixtures of legal, commercial and constitutional factors centered around issues of fairness and justice, as provided under the Constitution of Islamic Republic of Pakistani, 1973. We advise our clients on their constitutional rights, as well as the remedies available to them, and are able to expeditiously initiate writ / constitutional petitions before the High Court under the applicable provisions of the Constitution.

In addition, we also invoke the constitutional jurisdiction of the High Court, in matters pertaining to protection and/or preservation of fundamentalthe rights of the general public, through our Public Interest Litigation division.

Our litigation team is well equipped to represent business and individual clients in disputes arising out of property and real estate related transactions. We advise on a diverse range of matters in this area, including, but not limited to, commercial and residential landlord and tenant disputes, contractual interpretation (agreements for sale, sale deeds) and, planning and construction disputes. Our litigators are approachable, persuasive, and possess excellent advocacy skills and are dedicated to achieve the best possible outcome for our clients.

  • Engaged to defend the State Bank of Pakistan in a Constitutional Petition filed by the Directors/ shareholders of KASB Bank to challenge a Scheme of Amalgamation and Merger framed by the State Bank for transfer of all banking business and operations with assets and liabilities of KASB Bank with and into BankIslami. The Petition filed by KASB Bank not only challenged the Scheme of Amalgamation and Merger under the Banking Companies Ordinance, 1962 but also the vires of the law and the actions taken by State Bank. After several hearings before a Division Bench of High Court at Karachi, the Division Bench of the High Court pass judgement while declining to interfere and strike down the Scheme of Amalgamation and Merger of the two Banks and agreed with the Petitioners Counsel that the issue of Amalgamation and Merger was a past and closed transaction.

  • Engaged in six cases against New Jubilee Insurance Company Limited for recovery of loss and damage caused to Islamabad Marriott Hotel by fire. Suits were filed before the Insurance Tribunal for Sindh. The Insurer and the Lead Underwriter acting through their appointed loss adjusters and forensic experts have taken up the defence that the proximate cause of the fire in the residential block of the hotel was an explosion in a truck while our clients Hashwani Hotels Limited have contended that the fire in one room which spread to other rooms was a separate incident which had no connection to the explosion as there were no fires anywhere in the hotel or in buildings around the hotel residential block. Evidence of several witnesses on behalf of our client has been recorded while. The Defendants witnesses were cross-examined by us. The incident at Marriott Hotel Islamabad received worldwide publicity and this case is likely to result in a landmark Judgement in the history of insurance litigation in Pakistan.

  • Engaged by Pi-Pakistan which is a company that offers, inter alia, an entertainment platform whereby users may access various sporting events on their cell phones. Pakistan Television Corporation, the State Broadcaster, issued a permit to a private company offering the same services as Pi-Pakistan. Since PTC is owned and operated by the Federal Government, its action was challenged as being non-transparent and unethical since the permit was granted without inviting any public bids. A Division Bench of the High Court of Sindh at Karachi, in its Constitutional Jurisdiction, was pleased to direct PTC to ensure that such contracts were not granted in future without open competitive bidding and disposed the case on that observation.

  • Represented a prominent Saudi Arabian business group Al Rajhi Holdings Limited/ Mal Al-Khaleej Investments in an action against their business partners who jointly hold 100% shares in Al-Baraka Islamic Bank Ltd. The dispute involved the grant and exercise of a “put option” which the respondent neglected and failed to comply with by purchasing the shareholding of the claimants in Al-Baraka Islamic Bank Ltd valued at PKR. 1,143,373,922. LMA has been responsible for reference of this dispute to the ICC. Various submissions and pleas were filed with the ICC under the ICC Rules for Arbitration.

Liaquat H. Merchant

Chairman & Managing Partner
l.merchant@lma.com.pk
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Faresa Jafarey Ahsan

Senior Partner
f.ahsan@lma.com.pk
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Syed Shayan Ahmed

Partner
s.ahmed@lma.com.pk
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Hassan Arif

Partner
h.arif@lma.com.pk
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