Our Expertise

FIRM PROFILE

 

Abraham & Sarwana was established in 1969 and although young in age, has managed to carve out a niche for itself in the international legal services market.  Today we are amongst the leading law firms of the country with international clientele and association with several largest law firms in London and the United States.

 

Since we are not the largest, we try the hardest.  For us, time to rest is yet to come.

 

OUR FIRM AND ITS PRACTICE AREAS

 

As a full-service law firm, we are recognized for our experience in many practice areas including, inter alia:

 

Banking and Finance; Corporate and Commercial; Employment and Labour; Energy, Oil and Gas; Technology, Media, Telecoms & IPR; and Litigation and Dispute Resolution.

 

BANKING AND FINANCE

 

The Firm has advised and/or is advising multinational banks, financial institutions and funds transfer companies in multifaceted transactions, involving, inter alia:

 

  • Finance Facility to the Government of Pakistan of USD100 Million;
  • Assisted ABN-Amro in refinancing of Bridge Finance Facility of US$150 Million and another Bridge Finance Facility of US$100 Million in relation to its Middle-East based Customer’s bid for acquisition of Pakistan Steel Mills;
  • Consortium bank loan to a prominent multinational chemical company of Pak. Rs.95,841,096;
  • Advising on sale of banking software worth US$5million to local bank;
  • Advising an international software house on sale of software to the Central Bank;
  • Advising the Worldwide Liquidators of BCCI on the merger and acquisition of all the Pakistan branches of BCCI with Habib Bank Limited.;
  • Custodial Agreements with Foreign Investment Companies;
  • Loan Securitization;
  • Advise on electronic banking transactions;
  • Vetting complete set of banking documents before use, including online banking documents;
  • Bank due diligence matters and,
  • Day to day problem solving work

 

 

CORPORATE AND COMMERCIAL

 

The Firm has advised and/or is advising local and international organizations in multifaceted transactions, involving, inter alia:

 

  • Distributorships, Franchise and Licensing Agreements;
  • International Sales Agreement;
  • Product Liability advice;
  • Contractual claims and debt recovery;
  • Setting up Liaison and Branch Offices;
  • Joint Venture Agreements;
  • Closing down business operations;
  • Disinvest, transfer and sale of shares of local company by foreign entity and remittance of funds abroad
  • Lease of aircrafts (both dry and wet leases);
  • Procurement of Major Defence Equipment;
  • Anti-bribery / corrupt practices and public procurement legal audits
  • Corporate due diligence;
  • Conveyancing and Real Estate work, including drafting and finalizing lease deeds and Tenancy Agreements and environmental audits; and,
  • Day to day commercial problem solving work

 

 

EMPLOYMENT AND LABOUR

 

The Firm’s practice in the field of Employment and Labour includes, inter alia:

 

  • Addressing and assisting clients solve difficult employer-employee relationship problems
  • legal audits identifying key areas in labour management where a problem may arise in future;
  • Drafting and vetting Employment Contracts;
  • Advice related to sales, mergers and acquisitions, downsizing, redundancy, restructuring, retrenchment and other organizational changes to suit clients overall objectives.
  • Advising on handling disciplinary and performance problems under the relevant labor and employment laws.
  • Assisting, filing and handling work permit applications for overseas employees.
  • Employee relations counseling, employee policy department and employee relations consulting.
  • Drafting terms and conditions of employment, service agreements, personnel regulations and advising on changing existing terms of employment
  • Labor Litigation, Trial and Appellate from the Labor Courts upto Supreme Court of Pakistan
  • Our retainer clients for whom we regularly render advice on employment and labor law matters, include, Foreign Airline Companies, International Power Generation Companies with total strength of about 120 workers, Dock Labor Board having 8,000 workers on their register, KPT employing about 15,000 workers and PIA employing over 16,000 workers.
  • Updating Clients senior management staff on all employment law developments from time to time;

 

ENERGY, OIL AND GAS

 

The Firm’s practice in the Energy, Oil and Gas field covers:

 

  • Retainer Counsel of O&M Contractor and Controlling Shareholder of Hubco in the Hubco Power Project since 1989 till present;
  • Retainer Counsel of SSGC from 1979 till 2000;
  • Advices of all types associated with oil and gas exploration, production and distribution;
  • Advising on legislation and regulatory and licensing regimes in Electricity and Oil and Gas Sector;
  • Advising, drafting and negotiating project documents, including, agreements relating to sale of gas, gas swapping, procurement of gas line pipes, gas compressors, telecommunication and other related procurement contracts;
  • All types of service contracts, including, drafting and advising on Provident Fund, Gratuity and Group Insurance Schemes, etc. in the POE field;
  • Day to day advice on pipeline construction

 

 

TECHNOLOGY, MEDIA, TELECOMS & IPR

 

The Firm’s practice in TMT includes, inter alia:

 

  • Advising on Data Protection laws of Pakistan;
  • Advices in relation to queries arising in connection with Electronic Transaction Ordinance;
  • Civil and criminal liability under the lapsed Prevention of Electronic Crimes Ordinance, 2007;
  • Computer privacy rights;
  • Sale and Purchase of Major Computer Software and IT-related services;
  • Regulatory regime in the Telecom Sector in Pakistan, including licensing
  • Mobile banking laws;

 

 

LITIGATION AND DISPUTE RESOLUTION

 

The Firm’s litigation highlights over the last 40 years include, among others:

 

  • Handling 90% of all litigation work in Pakistan arising out of the liquidation of BCCI on behalf of the Worldwide Liquidators of BCCI (London, Luxembourg, Grand Cayman and Hong Kong) from 1991 till present;
  • Successfully prosecuting a banking suit filed by a prominent Japanese Trading House against Faysal Bank for breach of contract under an unconfirmed irrevocable Letter of Credit and obtaining a Decree from the Banking Court in the sum of US$22 million in a record time of 15 months from the date of filing of the Banking Suit;
  • Successfully defending Greek Salvors in the Admiralty Jurisdiction upto the Supreme Court of Pakistan and remitting 100 percent of the claim with interest thereon;
  • Representing the Sindh Employees Social Security Institution from 1972 till present and maintaining a 90 percent success rate in all litigation matters in the Labour Court, High Court and Supreme Court;
  • The first reported case recognizing and applying the provisions of the New York Convention on Arbitration in Pakistan and dealing with Electronic Commerce was argued by a Member of the Firm (2006 PLD 664);
  • The first-ever arrest order of a transport aircraft issued by the High Court issued in Pakistan by a Member of the Firm (August 2010);
  • Member of the Firm was appointed Amicus Curie by the Hon’ble Division Bench of the High Court of Sindh involving a dispute with the Government of Pakistan on the applicability of the Companies Profits (Workers’ Participation Act, 1968 which submission was accepted in the judgment);
  • Represented a Multinational Oil Company in an ICC Arbitration;
  • Advised and assisted a US Law Firm prosecute a civil action for recovery of debt of US$50 million from the State Bank of Pakistan before the U.S. District Court of the Southern District Court of New York
  • Senior Counsel represented several banks in a public interest litigation matter taken up by the Supreme Court of Pakistan in relation to write off loans since 1979 till present;
  • Senior Counsel appointed Chairman of International Arbitral Tribunal by KLRCA

 

  • Regularly prosecuting:
  • banking suits filed on behalf of International and Local Banks for recovery of finances in the banking jurisdiction of the High Court;
  • Winding up proceedings; and
  • Enforcement of New York Convention awards

 

  • Litigation work is supervised by a Former Judge of the High Court
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