Faisal Khan was admitted as a Barrister of the Honourable Society of Lincoln’s Inn in 2003 and holds degrees in Law and Economics from London. He is enrolled as an Advocate of the Supreme Court of Pakistan and his legal practice focuses primarily on corporate advisory work, arbitration and civil litigation.
Faisal has a special interest in telecommunication, information technology and construction law and has advised and represented a number of government bodies, corporations, multinational entities and individuals in contentious and non-contentious matters arising out of these areas. He has been providing turnkey solutions to clients, starting from legal advice at the tender / project bidding stage, to carrying out of legal and commercial negotiations, drafting and execution of contracts, legal advice during project implementation till final completion. In the event of disputes, Faisal has successfully represented clients at various judicial and quasi-judicial forums, such as, dispute adjudication boards, before arbitrators in arbitration proceedings and at all courts of civil jurisdiction, including the Supreme Court of Pakistan. He has also successfully resolved commercial disputes through mediation and out-of-court settlements.
Faisal has also been appointed and acted as an arbitrator in a number of arbitrations governed by the Arbitration Act, 1940. He also regularly appears as a counsel in arbitration proceedings arising out of complex commercial and corporate disputes.
Faisal enjoys travelling, photography and playing competitive darts.
Faisal Khan is described as having “a very detail-oriented approach” and is recognized by clients as “a thorough professional and an exceptionally skilled lawyer who offers excellent and sound advice.” He has a busy corporate and commercial practice.
Chambers & Partners
Khan & Muezzin’s Faisal Khan is a respected practitioner known for his experience on telecoms and infrastructure development projects. One source states: “Faisal knows what he’s talking about. He gives you the confidence that you are being represented by someone who will do a good job.”
Chambers & Partners
- Acted as an arbitrator in arbitration proceedings between an oilfield services provider and a construction company, in relation to a construction dispute [Sole Arbitrator, Pakistan Law].
- Acted as an arbitrator in arbitration proceedings between a telecommunication services provider and a construction company, in relation to a construction dispute [Co-arbitrator, Pakistan Law].
- Acted as counsel for a large construction company (category C1) in arbitration proceedings against a government entity, in relation to a construction dispute [Counsel, Pakistan law].
- Acted as counsel for a multinational energy corporation in arbitration proceedings against a gas operator, in relation to a dispute arising out of a gas supply & operations agreement [Counsel, Pakistan law].
- Acted as counsel for a US based minority shareholder of a broadband internet services provider, in arbitration proceedings relating to disputes arising out of a Shareholders & JV Agreement [Counsel, Pakistan law].
- Acted as counsel for a UAE owned real-estate development company in arbitration proceedings relating to a construction dispute [Counsel, Pakistan law].
- Acted as counsel for a multinational technology company, in arbitration proceedings commenced by a service provider, in relation to disputes arising out of a managed services contract for a cellular mobile network in Pakistan [Counsel, Pakistan law].
- Acted as counsel for a Government entity in arbitration proceedings commenced by a construction company, in relation to disputes arising out of a contract for construction of a seven-storey building in Islamabad [Counsel, Pakistan law].
- Acted as counsel for a Government-owned manufacturer of telecommunication equipment, in arbitration proceedings against a government regulatory body, in relation to disputes arising out of an electronic (biometric) election project [Counsel, Pakistan law].
- Acted as counsel for a regional dealership of a multinational Japanese automobile manufacturer, in arbitration proceedings commenced by an oil exploration company, in relation to disputes arising out of a low-pressure gas supply agreement [Counsel, Pakistan law].
- Acted as counsel for a large construction company (category C1) in arbitration proceedings against an entity owned by the Pakistan Army, in relation to a road construction dispute [Counsel, Pakistan law].
- Acted as Chairman of the Dispute Adjudication Board(s) established under construction contracts signed between the National Highway Authority (NHA) and various construction companies in Pakistan, for giving findings on construction-related disputes, prior to referral to arbitration [Pakistan law].
- Represented the Pakistan Telecommunication Authority (PTA) before various courts of the country, in writ petitions, appeals and civil suits filed by its licensees (GSM, Fixed Line and LDI operators) against various decisions and determinations of the PTA on regulatory matters (e.g. imposition of fees, charges, fines and penalties, etc).
- Represented various licensees of PTA (in cases of no-conflict) and acted on their behalf in appeals and writ petitions before various High Courts of the country, in telecom-law related issues.
- Acted as counsel for a former Managing Director of the state-owned television (Pakistan Television) in proceedings challenging the appointment of the new MD [High Court].
- Acted as counsel for the regional dealership of a multinational Japanese automobile manufacturer in court proceedings challenging the award of a government contract for provision of emergency rescue vehicles in KPK [Supreme Court].
- Acted as counsel for the CEO of a cellular mobile telecommunication company in contempt of court proceedings relating to an alleged violation of a Supreme Court order concerning prize schemes offered as a telecom value-added service [Supreme Court].
- Acted as counsel for forty-five (45) residents/owners of plots in a residential housing scheme in Islamabad, in proceedings involving the legality of the housing scheme and the rights of original allottees versus those of subsequent purchasers [Supreme Court].
- Acted as counsel in a family dispute involving inter alia the legality of using DNA tests for identity verification and determination of paternity under Pakistani law [Supreme Court].
- Acted as counsel for a chemical company and a cement manufacturer, in proceedings involving a challenge to certain gas tariff notifications issued by the Oil & Gas Regulatory Authority (OGRA) for sale of natural gas [Supreme Court].
- Acted as counsel for the Competition Commission of Pakistan in proceedings relating to the imposition of fines on manufacturers of milk/dairy products arising out of certain violations of competition laws [Supreme Court].
- Acted as counsel for the Competition Commission of Pakistan in proceedings challenging the vires of the law governing competition in Pakistan [High Court].
- Acted as counsel for a pharmaceuticals company in proceedings filed by a Swiss pharma company in relation to the alleged infringement of a registered patent [Intellectual Property Tribunal].
- Acted as counsel for a security services company in proceedings challenging the award of a government security contract in violation of law [High Court].
- Acted as counsel for a French multinational company in proceedings challenging the award of a contract for supply of equipment in a power generation project in Pakistan [High Court].
- Acted as co-counsel for an American multinational conglomerate in proceedings initiated by the National Accountability Bureau (NAB) in a matter involving allegations of corruption in the award of contracts for setting up of rental power plants in Pakistan [NAB Court].
- Acted as counsel for the National Highway Authority (NHA) in multifarious disputes with contractors, in relation to construction work on roads and bridges across the country [High Court].
- Acted as counsel for a telecommunication service provider in hearings before the Appellate Bench of the Securities & Exchange Commission of Pakistan (SECP) in a matter pertaining to alleged violations of the provisions of company law and the company’s memorandum of association.
- Acted as counsel for various cellular mobile operators before the High Court and the Supreme Court of Pakistan, in litigation involving alleged violations of the terms & conditions of their license(s) and/or the relevant telecom laws, rules & regulations. Also represented them at hearings conducted before the PTA.
- Acted as counsel for several brokerage houses in proceedings before the Appellate Bench of the Securities & Exchange Commission of Pakistan (SECP), in relation to alleged violations of applicable rules and regulations.
- Acted as counsel in a damages claim filed by a passenger against Thai Airways, arising out of a breach of a common law duty of care, along with a failure to comply with applicable aviation laws.
- Acted as counsel for certain residents of a locality challenging the conversion of open green areas into residential plots, by the Capital Development Authority (CDA), in violation of the Master Plan of Islamabad and the applicable law [High Court & Supreme Court].
- Acted as counsel for the minority shareholders of a construction company (category C1) in winding up proceedings filed against the company on the basis of mismanagement by the directors and oppression against the minority shareholders [High Court].
- Acted as counsel for various civil servants, against different government departments, in proceedings concerning their terms and conditions of service e.g. promotion to a higher grade, re-instatement in service, transfer to another province, recovery of salary and other dues, etc [Federal Service Tribunal, High Court].
- Acted as counsel for an American citizen seeking an appropriate order for the purposes of adoption of a Christian child and emigration to the US [High Court].
- Acted as counsel for a government-owned fixed line telecommunication company in proceedings under the consumer protection laws and alleged violations of consumer rights [High Court].
- Acted as lead negotiator for Huawei Technologies in negotiations involving a cellular network expansion project of a mobile operator in Pakistan (PTML – Ufone), worth US$ 550 million.
- Acted as lead negotiator for Huawei Technologies in negotiations involving a cellular network expansion project of a mobile operator in Pakistan (Warid), worth US$ 175 million.
- Assisted a Ministry of Defence owned entity in negotiations involving sale/purchase of specialised communication equipment for use by the armed forces, worth US$ 50 million.
- Acted as lead negotiator for PTML (Ufone) (a cellular mobile operator in Pakistan) in negotiations involving provision of cellular services to Oracle and Unilever in Pakistan, under a contractual arrangement between PTML and Vodaphone.
- Acted as negotiator for Huawei Technologies in negotiations involving a cellular network configuration and expansion of a mobile operator in Afghanistan (Roshan Telecom).
- Represented Huawei Technologies in a transaction involving the sale/purchase of wireless broadband communication equipment for use by a French owned company in setting up its network in Pakistan, worth US$ 10 million.
- Acted as lead negotiator for Huawei Technologies in negotiations involving a wireless local loop network expansion of Pakistan’s largest telecom operator (PTCL), worth US$ 30 million.
- Acted as lead negotiator for Huawei Technologies in negotiations involving an optical fibre network expansion of Pakistan’s largest telecom operator (PTCL), worth US$ 18 million.
- Acted as lead negotiator for Huawei Technologies in negotiations involving the sale/purchase specialized equipment for use in an IPTV Broadband project of Pakistan’s largest telecom operator (PTCL), worth US$ 8 million.
- Acted as lead negotiator for Huawei Technologies in negotiations involving a communications network expansion of a telecommunications company in Pakistan (Pakcom / Instaphone), worth US$ 16 million.
- Acted as lead negotiator for Huawei Technologies in a claim of US$175 million against a telecom operator in Pakistan.
- Acted as lead negotiator for Huawei Technologies in a claim of US$5 million liquidated damages (LDs) raised by a telecom operator based in Afghanistan (Roshan Telecom) in respect of an allegedly defective network component.
- Acted as lead negotiator for Huawei Technologies in a claim of US$ 50 million liquidated damages raised by a telecom operator in Pakistan (PTML/Ufone) for delayed project completion.
- Advised a Pakistani subsidiary of a Swedish IT company on various legal issues in Pakistan, including matters such as investment laws, repatriation of funds under State Bank regulations, advice on Shareholders Agreement, Technical Services Agreements, etc.
- Advised the board of directors of the Institute of Optronics (IOP), a body falling under the Ministry of Defence Production, on their existing legal structure and adopting other suitable models to be able to carry out commercial activities in Pakistan.
- Advised a cutting-edge IT company, Optera Digital (Pvt) Ltd., on their internal restructuring and registration of Intellectual Property rights in Pakistan relating to certain augmented reality software and other products.
- Advised an international satellite operator in court proceedings before the Commercial High Court, London, on telecom regulatory issues arising under the Pakistan Telecommunication (Re-organization) Act, 1996.
- Advised Tagit RFID Solutions, a UAE based IT company, on various contracts, agreements and corporate matters in relation to their RFID-chip making businesses in UAE and worldwide.
- Provided legal support to a Singapore based VAS provider in its claims against CMPak (China Mobile) Pakistan for recovery of its unpaid amounts.
- Advised the National Radio & Telecommunication Corporation Ltd (NRTC), a wholly owned subsidiary of the Ministry of Defense, on various legal issues from time to time. Successfully defended it in litigation in various courts of the country.
- Represented a telecom operator in proceedings before the Appellate Bench of the SECP in matters pertaining to alleged violations of the provisions of company law.
- Drafted contracts and lead negotiations on behalf of Ufone (PTML) in a corporate transaction involving Vodaphone UK, Unilever and Oracle.
- Advised several VAS providers (e.g. Evamp & Saanga, Planet Beyond, Digitania Pakistan) on various issues arising during the course of their business operations in Pakistan.
- Acted as an external legal consultant to the National Highway Authority (NHA) from 2007 till 2015 and provided legal advice on a regular basis upon a plethora of legal issues pertaining to construction projects throughout Pakistan. This included inter alia advice on the interpretation of statutes, rules, regulations and applicability thereof to NHA.
- As counsel for the buyers in various acquisitions, carried out due diligence on various local companies in Pakistan and prepared detailed reports on compliance issues.
- Drafted the Employee Service Rules of Huawei Technologies (Pakistan office), prepared employment contracts for different categories of employees, training bonds, notices of termination and other miscellaneous documentation.
- Provided legal opinions to cellular mobile operators (Ufone & Mobilink) on various regulatory issues (e.g. matters pertaining to the legality of (i) various charges imposed by PTA; (ii) establishment of a Content Filtering System; (iii) sharing of an operator’s subscriber information with third parties; (iv) a proposed interconnection arrangement with an LDI operator licensed in Azad Jammu & Kashmir, etc).
