Impressive Victory for Multinational Client
Khan & Associates’ commercial litigation team convinces the court to set-aside the award of a multimillion dollar contract to a competitor of K&A’s multinational client. In a very significant development, the Islamabad High Court ruled that the law that bans a foreign company from commencing any legal proceedings in Pakistan unless registered with the Securities and Exchange Commission of Pakistan does not apply to the constitutional proceedings as “a sub-constitutional legislation cannot impose a disability on a person from invoking the constitutional jurisdiction …”.
In this landmark case, the Islamabad High Court cancelled an awarded contract – an impressive accomplishment of Khan & Associates – as courts in Pakistan rarely interfere after a contract has been awarded.
While setting the standards for international competitive bidding the Islamabad High Court held that international bidding, being highly competitive, should be extremely precise and a high degree of care and a meticulous adherence to the requirements of the bid was indispensable in such bidding.