ALTERNATIVE DISPUTES RESOLUTION AND ARBITRATIONS

The legal team has vast experience in getting the issues fixed if clients intend resorting to any kind of alternative disputes resolution mechanism {ADRs}, including but not be limited to; Local and International Arbitration, Mediation and Reconciliation. The Firm has represented clients in many arbitration proceedings in Pakistan and abroad while representing clients in commercial, real estate, engineering and construction sectors disputes worth billions of Pak Rupees.


AVIATION

Clients are advised in aviation business on regular basis with respect to the aviation laws, regulations and international convention acceded to by the respective States. The firm also caters the need of clients with regard to the registration and incorporation of airline companies, requisite licenses for operations and commercial air routes, air craft purchase agreements, aircraft lease agreements, operating lease agreements, sub leases, assignment and charge agreements, aircraft insurance, passenger and baggage insurance in both Pakistan and Afghanistan.

The Firm has advised and managed matters related to aviation insurance in both the commercial airline crashes of the last decade in Afghanistan while working for the insurers and re-insurers. The Firm has the distinction of being the only firm to be involved in Afghanistan aviation industry on Aircraft financing and drafting of the finance and security documents for securing such transactions.

The firm represents clients and advises them on all matters related to Civil Aviation i.e., Aircraft purchases agreements, Aircraft leases, mortgages, the process and step by step guidelines for registration and deregistration of aircrafts with Civil Aviation Authorities in both Pakistan and Afghanistan.


BANKING AND FINANCE

Legal Oracles has extensive experience in handling Banking sector advisory, securitization, drafting and litigation matters. The Firm is experienced in handling Banking sector advisory and litigation matters while working with other major law firms of Pakistan; rich international experience in drafting laws, rules and regulations for the Banking sectors regulators in the region.

The Firm has been involved in various commercial finance projects and has acted as legal counsel for various consortiums of Banks/Financial Institutions, project companies and sponsor companies to achieve financial close in mega projects both in Pakistan and Afghanistan.

The Firm has the required legal expertise to advise its clients on Shariah compliant Islamic Banking. It has the capability to prepare transactional documentation for Islamic Banking and the Firm is frequently advising different Banks and financial institutions on legal issues arising out of Shariah compliant transactional work.

Legal Oracles is also one of the few legal firms in Pakistan capable of handling both litigation and non-litigation work in the Banking sector. The Firm has represented Banks in numerous of cases at various courts at all jurisdictional levels in Pakistan. It has a dedicated team of litigants available in Islamabad, Peshawar, Lahore, Karachi and Kabul to handle all tiers of litigation in the Banking sector.


CIVIL, CONSTITUTIONAL, CORPORATE LITIGATION AND CRIMINAL LAW

Legal Oracles also provides an excellent and well recognized specialist local and international litigation service. The firm is committed to provide the highest level of expertise to its clients. With dedicated and experienced specialist legal team, comprising seasoned lawyers, boasts of outstanding results in some of the most high profile civil, constitutional and corporate cases, placing the firm in the top tier of civil, constitutional and corporate practitioners in Pakistan. The senior litigation experts are experienced in handling an entire spectrum of civil and corporate matters ranging from the easiest to the most complex.

One other aspect which makes the firm a truly unique full service law firm is its ability to deal with criminal litigation side by side with civil and corporate litigation. It has an experienced team available to deal with cases in the domain of white collar crime, including but not limited to alleged corruption cases and criminal law aspect of insider dealings, investments, financial transactions, director’s responsibilities and filling of certain reports.

Peshawar Office caters for the whole range of criminal law litigation over and above the areas identified above.


COMPETITION/ANTITRUST

Legal Oracles has an experienced team to provide advice on prevalent competition/antitrust legal-regulatory framework that supports strategic objectives and is practical and commercial. Legal know how is combined with in-depth understanding of the economics of the sector to deliver advice which is best suited to the industrial developments. Advisory services are provided on competition law in relation to a wide range of situations including mergers, acquisitions and joint ventures, all types of commercial agreements, abuse of dominant position, take-over’s, cartelization and premerger notifications.

The advisory work often involves complex economic and technical issues about pricing, network access, Research and Development, Intellectual Property, technology collaboration agreements, software and content licensing, manufacturing, marketing, agency and distribution agreements, service supply, outsourcing, financing and dispute settlement arrangements.


CONSTRUCTION SECTOR

Legal Oracles has the expertise to handle construction projects and can advise a broad spectrum of clientele, including owners, contractors, developers, large or medium size renewable energy companies, financial institutions and surety companies. Legal Oracles has considerable experience in negotiating construction contracts from both the owner’s and contractor’s perspective. The legal experts have worked on contracts relating to construction in the private sector as well as projects which involve public/private stakeholders. They also have considerable experience acting on construction financing, both as borrower’s counsel and lender’s counsel. Advice is provided to clients with respect to FIDIC based construction contracts in relation to drafting contracts and in connection with contract administration as part of the payment process. Legal Oracles has assisted clients in the disputes arising out of construction contracts in Arbitration proceedings as well as litigation. The legal team has drafted numerous Construction Concession Agreements, EPC contracts and construction management contracts and is familiar with all the legal contractual regimes practiced nationally and internationally in the Construction Sector. They have been involved in reviewing contracts with owners, developers, financial institutions, traders, suppliers, architects, engineers, planners and government agencies.


CORPORATE GOVERNANCE

The team at Legal Oracles handles all kinds of commercial as well as corporate affairs including corporate governance, corporate finance and securities, on behalf of both issuers and underwriters in public and private equity, and debt offerings involving a wide variety of securities. Advisory services are also provided to multinational companies, financial institutions and foreign investors on corporate commercial transactions. Clients are also assisted in takeovers tenders, revising equity and debt capital and act for/on behalf of underwriters and issuers.

The legal mechanisms of establishing ventures are never easy; the task is even more difficult when trying to set-up a company with foreign equity. The Firm has a proven record of assisting its clients in structuring the appropriate form of business and in establishing or restructuring corporate entities.

The Firm has handled the incorporation of many leading companies in Pakistan and Afghanistan, many of which are now recognized as market leaders and render advice to them on regular basis in relation to their day to day corporate finance, securities and corporate governance issues. An array of specialized legal services are offered in relation to diversified categories of work, the list being innumerable include; securities, capital market, insurance, non-banking finance companies, corporate finance, corporate governance, stock exchanges, investment, mercantile, registration of companies, winding up or liquidation of companies, legal due diligence (with focus on enterprise risk management).High risk regulatory litigation as well as research and drafting services are also provided to clients as they request, in relation to their routine legal, corporate and/or regulatory matters.

The specialist legal team is at all times devoted and ready to cater for myriad categories of work in this segment including but not be limited to:

    Formation and Incorporation of Companies:

    Advisory services are provided on incorporation of all kinds of companies; public, private, foreign etc. Advice is also provided on Non-Governmental Organization’s registration, Social Welfare Organizations and establishment of Trusts. Clients are assisted, guided and facilitated through the procedures adopted at Board of Investment for the foreign investor companies, branches and liaison offices of the foreign companies. Not only advice but also practical legal assistance is provided to clients in relation to proceedings concerning winding up or liquidation of companies.

    Regulatory Developments:

    The team of consultants at Legal Oracles advise national and international clients on regulatory developments as well as investment regulations; including but not limited to issues relating to safe investments, safe custody of assets, clearance and settlement of trades as well as on listing and statutory requirements with respect to major public companies on stock exchanges.

    Trade Finance:

    Advising on trade finance, securitization, export credits and rescheduling and restructuring is one of the areas of keen interest.


DIRECT AND INDIRECTION TAXATION

With expertise in corporate restructuring, governance and finance, the firm has also maintained a truly professional team of lawyers and accounts for tax planning. Matters concerning Customs, Sales Tax, Excise Duties and Income Tax are dealt with for a variety of corporate clients and advice is provided to them productively in these fields in order to make their businesses more tax efficient.

In addition to Tax Planning, the firm enjoys a unique in-house capacity to supervise books of accounts, preparation/submission of Sales Tax Returns, preparation/submission of Income Tax Returns/Statement, representation of cases for assessment before Taxation Authorities, appearance before Appellate Forums, NTN Registration and Sales Tax Registration.


ENVIRONMENTAL LAW

Services are also rendered in relation to legal issues and litigation involving Environmental Laws. The legal team has a good understanding of the Environmental Protection Agency and its regime of standards required for the approvals concerning different industrial projects.

The adopted approach is practical and commercial. Clients are helped to assess risk and avoid problems. Where they do have problems, they are helped to solve them. Where damage is inevitable, the team strives to limit it, with particular emphasis on protecting reputation.


INFORMATION & COMMUNICATION TECHNOLOGY

One of the firm’s achievements is its continuous involvement in Information & Communication Technologies and telecommunication sector in Afghanistan where the legal experts of the firm have provided strategic advice and assistance to companies seeking to enter Afghanistan in the field of Information Technology and Telecommunications market place, including advice on Afghan Telecom Policy, Telecommunication Laws and Afghan Telecom Regulatory Authority’s regulations. Legal Oracles has not only been involved with establishing telecommunication companies in Afghanistan but has also advised them on their corporate restructuring, regulatory matters, foreign loans and investments therein. The team of consultants at the firm has advised international lenders on securitization and repatriation of the foreign Loans in various lending projects in Afghan Telecommunication companies.

Legal Oracles has ample experience to provide advice and legal assistance on the incorporation and establishment of telecommunication companies in Pakistan and Afghanistan including their financing and foreign ownership aspects of local-international joint ventures. Clients are also provided with; legal and regulatory advice in the cellular mobile, local loop, long distance and international telecommunication services, wireless and direct broadcast satellite sectors, and telecommunication Support Providers.


INTELLECTUAL PROPERTY

Specialized legal assistance is provided to valued clients on transfer of technology and related intellectual property issues and disputes, including those related to copyright, trademarks, patents and designs etc., and litigation related theretofore a wide range of companies.

The services provided by the firm with regard to Copy Rights includes; registration, filing and prosecuting copyright applications, conducting copyright searches, copyright oppositions drafting of license agreements, infringement proceedings, investigations and litigation related thereto.

The services provided by the Firm with regard to Trade marks includes; advice on the registration of trademarks, trademark search before filing of application, avoid conflicts with earlier trademarks filing and prosecuting trademarks, service marks, collective marks, certification marks applications before the Trade Marks Registry, trademarks opposition, conducting searches to detect opposing trademarks and applications, filing and prosecution of Slogan Registration applications, trade names publication requests, renewal of Registrations, investigation of the status of registrations and the scope of protection, investigation of trademark infringements, enforcement of trademark rights against infringers and drafting of license agreements.

With relation to Patents the firm provides; patent prosecution, preparing and filing patent applications, patent searches, oppositions and monitoring, drafting and filing of petitions for extension of a term of patent, restoration applicants for lapsed patents, licensing, registration of assignments, transmissions and infringement actions.


INTERNATIONAL ORGANIZATIONS, EMBASSIES, HIGH COMMISSIONS & UN

The firm also renders professional legal assistance to a number of international organizations, embassies/high commissions and UN bodies in Islamabad and Kabul. Firm’s assistance in general deals with questions relating to the civil law; labour and employment, private and public international law and in particular on acquiring ownership and/or leasing real estate and verification of titles for such purposes both in Pakistan and Afghanistan in view of their respective laws accordingly.


INTERNATIONAL TRADE & WTO LAWS

Legal Oracles has excelled to establish itself as specialists in international trade law matters and is one of the only handfuls of law firms in Pakistan with a dedicated department for trade remedy laws. The Firm provides services to domestic clients for initiating investigations pursuant to the trade remedy laws of Pakistan. The Firm is also experienced in providing legal support to exporters being investigated by Pakistan for violations under the trade remedy laws of Pakistan. The Firm provides assistance from the initiation of the investigation till the final determination and provides hands on assistance in filling out the exporter’s questionnaires, responding to communiqués from the Authorities and representing the clients in hearings and making submissions on their behalf.

The Firm has effectively and successfully assisted its clients in trade remedy investigations carried out under Pakistan’s anti-dumping, countervailing and safeguard laws, structuring international business transactions, effectively utilizing international trade agreements, availing incentives for exports and protection through tariffs within the allowed parameters of the multilateral trading system.


LABOUR, EMPLOYMENT, INDUSTRIAL RELATION

Corporate clients are not only rendered advice in Pakistan and Afghanistan on issues pertaining employment matters (compensation, benefits, bonuses, suspension, termination, dismissal, retirements, golden hand shake and employment agreements) but they are also assisted through drafting and formulating HR Policies on hiring, leaves, medical and financial benefit offered to employees such as Pension, Lay off schemes and essential Severance and Separation Policies with respect to termination. In addition to administrative proceedings and Court, Actions advice is also given on motley issues like discrimination and harassment etc.


NON-BANKING FINANCIAL INSTITUTIONS AND SECURITIES MARKET EXPERTISE

The Firm has the requisite expertise to advice on regulatory and legislative matters concerning functioning of various non-banking financial institutions, such as Investment Companies, Leasing Companies, Modarabas, REITs and others. The legal team advises non-banking financial institutions on regulatory and legal complexities of fund management. The team has advised clients as well as the requisite regulatory authorities on the legality and documentation required for transactional work undertaken by them.

Services are rendered in relation to transactions involving public offerings of securities and advice on legal matters pertaining to brokerage houses and fund managers. The legal experts at the firm also advise arrangers, issuers and trustees on issues of bonds, notes, commercial paper, certificates of deposit and other capital market instruments. The legal experts are well aware of the functioning of the regulatory authorities and their enquiry procedures and have represented various clients in their matters concerning operations, licenses and functioning.

The unique nature of the team equips them with the advantage of representing clients in both contentious and non-contentious matters concerning the above mentioned matters. The Firm has represented clients in numerous cases before different regulatory authorities and courts at various jurisdictional levels in Pakistan.

Advisory services are provided on all types of derivative transactions and treasury products, including but not limited to financial, commodity and equity based derivatives, foreign exchange and securities lending transactions, as well as the establishment of dealing operations.


PETROLEUM AND NATURAL RESOURCES SECTOR

Pakistan and Afghanistan are endowed with abundant energy resources. From the oil and gas rich corridors to enormous unexplored natural resources such as minerals and precious metals in this region is ripe to play an increasingly important role in the economy of this region and is an increasingly lucrative sector for foreign and local investments. With a significant presence in Pakistan and Afghanistan Legal Oracles, with its complimenting expertise, is best posed to help; Governments, regulators, agencies, organizations, mining and exploration corporations, oil and gas producers, oil and gas developers, refiners and local retailers. It has further provided services to Local distribution companies to pursue their interests in finding, developing, producing, transporting, exporting and selling petroleum products and natural resources. The firm has provided advice relating to matters such as corporate structure, joint venture agreements, asset acquisitions, share offerings, construction contracts and activities, concession agreements, permitting and licensing and other regulatory regulations.

Specific areas of the firm’s expertise that have and continue to prove important to petroleum and natural resource sector clients include, inter alia, (i) Project Development (ii) Acquisitions & Divestitures (iii) Environmental Aspects (iv) Regulatory Matters and (vi) Aboriginal population or communities issues.


POWER AND ENERGY SECTOR

The Firm has a strong legal and practical working knowledge of all the power policies; inter alia, Power Policy 1994, Power Policy (Hydel) 1995, Power Policy 1998, Power Policy 2002 & 2006 and transmission policy 1995.Comprehensive legal services are provided to clients in private sector for generation, transmission and distribution of electric power and have a good liaison with the federal and provincial regulatory authorities in Pakistan including National Electric Power Regulatory Authority (NEPRA), Private Power & Infrastructure Board (PPIB) and Provincial & AJK PPCs.

The Firm also provides full service legal support to its clients from the issuance of LOI to the financial close of the project. The firm has drafted and negotiated numerous project documents such as implementation agreements, power purchase agreements, fuel supply agreements or water use agreements, guarantees and other documents executed between Independent Power Producers (IPPs) and the Government of Pakistan (GOP) and its agencies and their direct agreements executed between banks and financial intuitions lending to such IPPs and the GOP. The legal experts at the firm have also drafted and negotiated numerous finance documents such as common term agreements, facility agreements, sponsor support agreements, agency and trust deeds and security documentation creating encumbrances over the assets of the project company executed between project companies, sponsor companies and Banks and financial institutions lending such project companies and sponsor companies.

The firm also provides regulatory advice and services in order to secure licenses and determination of tariff from NEPRA for generation, transmission and distribution of electric power.