Makhdoom Ali Khan

Senior Advocate, Supreme Court of Pakistan
Jean Monnet Chair in the Law of International Economic Integration
 
F-72/1, Block 8,
KDA Scheme No. 5,
Clifton,
Karachi 75600,
Pakistan.
Tel: (+92) 21 3587-9511 to 19; Fax: (+92) 21 3587-9521 &2;
Email: makhdoom.khan@fazleghani.com
Mobile Phone: (+92) 300 8235405
 

Education and Enrollments:

• University of Karachi M.A, LL.B.
• Cambridge University (Corpus Christi) LL.B.
• London School of Economics LL.M
• Inns of Court School of Law & Lincoln’s Inn Barrister
• Advocate, 1976-
• Advocate, Supreme Court of Pakistan, 1989 – 2001
• Senior Advocate, Supreme Court of Pakistan, 2001 –

Experience:

Counsel:
 

• Enrolled as advocate of civil courts in 1976 and advocate of High Courts,
  in Pakistan, in 1977. In private practice as an advocate of the High Courts
  since 1980, advocate of Supreme Court since 1989 and senior advocate of
  Supreme Court since 2001; specialising in arbitration, commercial,
  constitutional, judicial review and public international law work.
• Attorney General for Pakistan 2001–2007.
• Appeared in a number of major administrative, arbitration, commercial,
  constitutional public international law and tax cases before arbitral
  tribunals, the High Courts and the Supreme Court of Pakistan, as counsel.
• Appeared as Attorney General for Pakistan in all major administrative,
  arbitration, commercial, constitutional, judicial review, public international
  law and tax cases for the
• Government of Pakistan before arbitral tribunals, the High Courts and the
  Supreme Court of Pakistan from 2001 till July 2007.
• Advised the Government of Pakistan on ICSID arbitration issues, organised
  its legal defence before ICSID Tribunals and worked with a team of local
  and international lawyers to defend the cases filed, before ICSID Tribunals,
  by SGS, Impregilo and Bayindir against Pakistan:
   
  1. Advised the Government of Pakistan on ICSID arbitration issues,
     organised its legal defence before an ICSID Tribunal and
     successfully represented Pakistan with a team of international
     lawyers in SGS Societe Generale de Surveillance S.A. v Islamic
     Republic of Pakistan (Case No. ARB/01/13).

   
  After the decision of the Tribunal on jurisdiction individually
  negotiated a settlement of the dispute with SGS.

   

  2. Advised the Government of Pakistan, organised its legal defence
     before an ICSID Tribunal and successfully represented Pakistan
     with a team of international lawyers in Impregilo v Islamic Republic
     of Pakistan (ICSID Case No. ARB/03/3)
      
     After the decision of the Tribunal on jurisdiction, led a team
     comprising the Secretary, Water and Power, Government of
     Pakistan, Chairman, Water & Power Development Authority and
     designated officials which negotiated a settlement of the dispute
     with Impregilo S.p.A.

   

  3. Advised the Government of Pakistan, organised its legal defence
     before an ICSID Tribunal and successfully represented Pakistan
     with a team of international lawyers in Bayindir v Islamic Republic
     of Pakistan (Case No. ARB/03/29).
      
     Held several meetings with the Turkish Minister of Justice who
     visited Pakistan to negotiate the Bayindir-Pakistan dispute.
• Advised the Government of Pakistan and the Pakistan National Shipping
  Corporation (“PNSC”) on public international law and international
  arbitration issues arising out of the major oil spill at Karachi, Pakistan,
  caused by the ship Tasman Spirit; worked with international lawyers and
  successfully represented PNSC in its international arbitration with ship
  owners. (2004)
• Worked with international lawyers to advise the Government of Pakistan on
  the prospects of success in filing a claim before the International Tribunal
  for the Law of the Sea arising out of environmental issues created by oil
  tankers owned by flag of convenience states. (2004)
• Advised the Government of Pakistan, on public international law issues, in
  its dispute under the Indus Waters Treaty on account of the construction of
  Baglihar Dam by India, and worked with a team of domestic and
  international lawyers and engineers which represented Pakistan before the
  Neutral Expert appointed by the World Bank. (2005); ICSID provided
  institutional support.
• Advised the Government of Pakistan, on the arbitral process and public
  international law issues involved, under the Indus Waters Treaty due to the
  diversion of the waters of the river Jhelum (Kishenganga) and worked in
  2005-2007 with a team of public international lawyers.
• Advised the Government of Pakistan on its international commercial
  arbitration cases including AAA, ICC and ICSID arbitrations from 2001 till
  July 2007.
• Advised the Board of Investment, Government of Pakistan and its
  negotiating team(s) on all Bilateral Investment Treaty (BIT) issues and
  negotiations between September 2001 and 2007.
• Advisor/Team Leader, Government of Pakistan, in negotiations in
  international commercial disputes between 2001 and July 2007.
• Authored expert reports on issues of Pakistan law for use in foreign courts.
• Advised, successfully, a team of Pakistan and UK lawyers in opposing the
  enforcement of an ICC award in London by Dallah Corporation of the
  Kingdom of Saudi Arabia against the Government of Pakistan. (2008-
  2010). Appeals by Dallah to the Court of Appeal and to the Supreme Court
  failed.
• Appointed amicus curiae in a number of commercial, constitutional and tax
  cases by the Supreme Court of Pakistan and the High Courts 2007–.

• Successfully represented judges of the High Courts in their disputes with
  the Government of Pakistan and a Parliamentary Committee, 2011 & 2012.
• Successfully represented the fertiliser industry in its disputes with the
  Government of Pakistan on the allocation, supply and distribution of natural
  gas before the High Court of Sindh, 2011.
• Representing the private producers of powers in their multiple tax and
  commercial disputes with the Government of Pakistan before the courts in
  Pakistan and LCIA international arbitration tribunals, 2012–.
• Representing several foreign investors with regard to competition issues
  before the High Courts and the Supreme Court of Pakistan, 2013–.
• Successfully represented the foreign sponsors of Hub Power Company
  Limited and the Company in their tax dispute with the Government of
  Pakistan before the Supreme Court of Pakistan, 2014.
• Successfully represented the investors and industrialists in challenging the
  imposition of a tax for Gas Infrastructure before the Supreme Court of
  Pakistan, 2014.
• Representing several foreign investors in arbitration related issues before
  the courts in Pakistan, 2011–.
• Advised foreign investors in arbitrations against the Government of
  Pakistan before ICC and ICSID Tribunals, 2015.
• Successfully represented the Prime Minister of Pakistan in proceedings
  against him in the Supreme Court of Pakistan, 2017.
• Representing the private power sector in its disputes with the Water and
  Power Development Authority Pakistan and National Electricity and Power
  Regulatory Authority.
• Representing the private sector in its disputes with the Oil and Gas
  Regulatory Authority.

 
NOTE: The above is a brief reference to a few of the cases which are in
the public domain.
 
Lecturer:
 

• Lecturer in laws (constitutional law, commercial law and public
  international law), University of Keele, England, (1979-1980).
• Professor in laws (public international law), Faculty of Law, University of
  Karachi (1980-88)
• Visiting professor, public international law, Department of International
  Relations, University of Karachi (1985-1987).
• Delivered ten (10) lectures annually on public international law at the
  Pakistan Navy Staff College (1987-1994).
• Delivered a series of annual lectures on constitutional issues, at the National
  Defence College, Islamabad, 1999-2000.

 
Arbitrator
 

• By a Cabinet decision of 2002, all state owned corporations or companies
  in which the Government of Pakistan has a majority share and all
  departments of the Government of Pakistan were directed to withdraw all
  litigation against one another. All such matters were referred to the Attorney
  General for Pakistan as arbitrator. Sat as a sole arbitrator in a number of
  such cases.
• Presently sitting as an arbitrator and as Chairman in ad hoc and institutional
  domestic and international commercial and investment arbitrations
  including DIAC, ICSID, ICC, LCIA and UNCITRAL arbitrations.
• Appointed to the ICSID Tribunal in Deutsche Bank AG v. Democratic
  Socialist Republic of Sri Lanka (ICSID Case No. ARB/09/02).
• Appointed, to the ICSID Tribunal in Tanzania Electric Supply Company,
  Ltd., v. Independent Power Tanzania Ltd (ICSID Case No. ARB/98/8 –
  Interpretation Proceedings).
• Appointed President of the ICSID Tribunal in Vincent J. Ryan, Schooner
  Capital LLC and Atlantic Investment Partners LLC v. The Republic of
  Poland (ICSID Case No. ARB(AF)/11/3).
• Appointed member of the Annulment Committee in Alapli Elektrik B.V. v.
  Republic of Turkey (ICSID Case No. ARB/08/13).
• Appointed member of the Annulment Committee in Daimler Financial
  Services AG v. Argentine Republic (ICSID Case No. ARB/05/1).
• Appointed to the ICSID Tribunal in Michael Dagher v. Republic of the
  Sudan (ICSID Case No. ARB/14/2).
• Appointed member of the Annulment Committee in Adem Dogan v.
  Turkmenistan (ICSID Case No. ARB/09/9).
• Appointed President of the ICSID Tribunal in Oded Besserglik v. Republic
  of Mozambique (ICSID Case No. ARB(AF)/14/2).
• Appointed President of the ICSID Tribunal in Oded Besserglik v. Republic
  of Mozambique (ICSID Case No. ARB(AF)/14/2).
• Appointed President of the ICSID Tribunal in Champion Holding
  Company and others v. Arab Republic of Egypt (ICSID Case No.
  ARB/16/2).
• Appointed member of the Annulment Committee in Blusun S.A., JeanPierre Lecorcier and Michael Stein v. Italian Republic (ICSID Case No.
  ARB/14/3).
• Appointed member of the Annulment Committee in Eiser Infrastructure
  Limited and Energia Solar Luxembourg S.a.r.l. v Kingdom of Spain (ICSID
  Case No. ARB/13/36).
• Appointed member of the Annulment Committee in UAB E enerjiga
  (Lithuania) v Republic of Lativia (ICSID Case No. ARB/12/33)

NOTE: The above is a brief reference to cases in the public domain.
 
Associations:
 

• Member, Pakistan Supreme Court Bar Association.
• Member, Sindh High Court Bar Association.
• Member, International Bar Association.
• Vice President, International Bar Association.
• Member, London Court of International Arbitration
• Fellow, International Academy of Trial Lawyers.

 

Committees:
 

• Member, South Asian Task Force on the Judiciary,
• Member, Observers Team(s) General Elections held in Bangladesh and
  Nepal.

 
Boards/Panels:
 

• Member, University of Karachi, Syndicate, 1994-95.
• Member, Board of Governors, Institute of European Studies, 1995-96.
• Member, Rule Making Committee of the High Court, 1996 –.
• Member, Academic Council, Hamdard Law University, 1998 –.
• Member, Academic Council, Baqai Medical University, 1997 –.
• Member, Pakistan Law Commission, 2001-2007.
• Member, Board of Governors, Federal Judicial Academy 2001-2007.
• Chairman, Pakistan Bar Council 2001-2007.
• Member, Forum for International Conciliation and Arbitration (FICACIC)
  2008 –.
• Member of the Court, London Court of International Arbitration, Court
  2008–13.
• Member of the Governing Board, London Court of International
  Arbitration, Court 2017 –.
• Member, Board of Directors, American Arbitration Association, 2009 –.
• Member, Panel of Arbitrators, Singapore International Arbitration Centre
  2011 –.
• Member, Panel of Arbitrators, International Centre for Settlement of
  Investment Disputes (ICSID), designated by the Chairman of the ICSID
  Administrative Council, 2011–2017.
• Member, Panel of Arbitrators, International Centre for Settlement of
  Investment Disputes (ICSID), designated by the Government of Pakistan,
  2018–.
• Member, Board of Trustees, Dubai International Arbitration Centre
  (DIAC), 2012–2014.
• Member, Panel of Arbitrators, Kuala Lumpur Regional Centre of
  Arbitration 2013 –.
• Member, Board of Governors, ICCA, 2014 –.
• Vice Chair of the Arbitration Committee of the International Arbitration
  Association 01 January 2015 –.
• Member, Panel of Arbitrators, Shanghai International Economic and Trade
  Arbitration Commission (Shanghai International Arbitration Centre)
  (SHIAC), 2015 –
• Member of the Court, Mauritius Chamber of Commerce and Industry
  (MCCI) Arbitration and Mediation Center (MARC) 2017 –.

 

Conferences:
 

include the following:
 

• Participated and read a paper on the “Judicial Implementation of Human
  Rights Norms”, on November 9, 1989, at an international seminar held at
  Lahore by the International Commission of Jurists, Geneva and the Ministry
  of Justice, Government of Pakistan.
• Participated and read a paper on the “Access to Justice – Problems under the
  Contemporary Legal and Political System”, at an international seminar
  organised by AGHS Legal Aid Cell at Lahore from March 29-31, 1990.
• Participated and read a paper on the Asian Seminar on Delivery of Legal
  Services to the Poor and Disadvantaged Groups on “The State of Legal
  Education in Pakistan” at National Law School of India, Bangalore, India,
  8-13 April, 1990.
• Participated and read a paper on the “Judicial Contributions to
  Constitutionalism in Pakistan” at an initial workshop on the South Asian
  Task Force on the Judiciary organised by the International Centre for Law
  and Development at Colombo, Sri Lanka, 9-10 September, 1990.
• Participated and read a paper on: “The Law’s Delays”, examining the
  reasons for the delays in resolution of disputes through the courts, in a
  HRCP seminar, July 12, 1991.
• Participated and read a paper on the: “Powers of the President”, at the Law
  School, University of Melbourne, Australia, November 19, 1992.
  Participated and spoke in an Experts Meeting on “Investor-State Dispute
  Settlement in International Investment Agreements”, UNCTAD, Geneva,
  29-30 November 2004.
• Participated and presented a paper in an Experts Meeting on “Review of
  Investment Disputes Arising from BITs and NAFTA”, UNCTAD, Geneva,
  8 March 2005.
• Spoke on “Is enforcement of arbitral awards an issue for consideration and
  improvement? – The case of Pakistan” , at a Symposium, “Making the Most
  of International Investment Agreements: A Common Agenda” CoOrganised by ICSID, OECD and UNCTAD, at the OECD Headquarters,
  Paris, 12 December, 2005.
• Chaired the International Arbitration Session at the International Judicial
  Conference, Islamabad, 14 August 2006; speakers included distinguished
  internal and Pakistani lawyers and judges. Lawyers, Supreme Court of
  Pakistan judges, former Chief Justices and arbitrators from Pakistan and 34
  other countries participated.
• Spoke on “New Challenges Regarding Confidentiality” at the 23rd
  AAA/ICC/ICSID Joint Colloquium on International Arbitration,
  Washington, USA, 17 November 2006.
• Spoke on “Challenges to Judicial Independence” at the One World Forum,
  Warwick University, Warwick, England, 22 January 2008.
• Spoke on “Challenges to the Rule of Law” at a meeting of the International
  Academy of Trial Lawyers, Key Biscayne, Florida, USA, 2008.
• Keynote Speaker on “Capital Importing Countries and BITS: Challenges
  and Opportunities.” at the Second Annual Forum of Developing Countries
  Investment Negotiators, 3rd November, 2008, Marrakech, Morocco.
• Spoke on “Dispute Resolution in the Developing World” at the 25th
  AAA/ICC/ICSID Joint Colloquium on International Arbitration, New York
  City, USA, 14 November 2008.
  Co-Chaired a LCIA Arab Users’ Council Symposium in Dubai on 17
  February 2009.
• Addressed the international law committee of the New York Bar in New
  York on Pakistan related issues, 13 April 2009.
• Organised a regular seminar at the Board of Investment, Government of
  Pakistan Islamabad to keep the Civil Servants working at the Ministries of
  Law Finance, Foreign Affairs, Investment and Law informed about recent
  developments and trends in international commercial and investor-state
  arbitration 2001–2009.
• Read a paper on UNCTAD’s 2010 International Investment Agreements
  Conference and 2nd UNCTAD World Investment Forum (WIF) 2010 on
  “How to preserve predictability and legitimacy for all users in
  International Investment Arbitration”, 8 September 2010, in Xiamen,
  China
• Sat as a panelist with Bernard Hanatiou and Michael Chang to comment on
  a paper presented by Professor David Williams on the “Independence and
  Impartiality of International Arbitrators.” at the Singapore International
  Arbitration Center, Singapore on 1st September 2011.
• Co-chair of a 15th Annual IBA International Arbitration Day Conference
  session on “How neutral is the system of investment arbitration?”, 9 March
  2012, Stockholm.
• Read a paper in the joint plenary opening session of 21st ICCA, Singapore,
  11 June 2012 on “International Arbitration: The Coming of a New Age for
  Asia (and Elsewhere)”.
• Participated in a debate on “Increased Legitimacy Is Vital to the Future of
  International Arbitration And This Calls For More Regulation” on 8
  October 2013 at the Annual Conference of the International Bar Association
  at Boston.
• Spoke in the joint plenary closing session of 22st ICCA, Miami, 6 to 9 April,
  2014 on “International Arbitration: Legitimacy: Myths, Realities,
  Challenges”.
• Participated in a debate at ICCA, Hong Kong International Arbitration
  Centre Summit, 13 May 2015: “The NY Convention Does More Harm Than
  Good to Developing Countries”.
• Panellist. Workshop on the “Role of the Agent in International Law
  Disputes” on 7 February 2018, Centre for International Law (CIL) of the
  National University of Singapore (NUS)

 

Legislation:
 

• Advised the President of Pakistan on the constitutionality of the laws
  relating to bank interest (“Riba”) and successfully led the arguments before
  the Supreme Court of Pakistan to persuade it to review its earlier judgment
  that declared bank interest un-Islamic and unconstitutional, 2002.
• Negotiated and participated in the drafting of the Constitution (Seventeenth
  Amendment) Bill, 2003.
• Advised on drafting of the Recognition and Enforcement (Arbitration
  Agreements and Foreign Arbitral Awards) Ordinance, 2005. It incorporates
  the New York Convention in the laws of Pakistan and repeals the
  Arbitration (Protocol & Convention) Act, 1937.
• Co-drafted the instrument of ratification of the New York Convention,
  2005.
• Authored the Women Protection Bill, 2006 and negotiated with a number
  of political parties and groups of ulema (Islamic scholars) to amend a
  number of discriminatory laws enacted in the name of Islam against women.
• Authored the Arbitration (International Investment Disputes) Ordinance,
  2007 to implement the International Convention on the Settlement of
  Investment Disputes between States and Nationals of other States.
• Head of a sub-committee on adapting the UNCITRAL Model Law for
  Pakistan by providing adequate safeguards against interventionist judicial
  attitudes, 2006-7.
• Post 2007 nominated as delegate by the Pakistan Business Council (an
  association of the leading business houses national and multinational in
  Pakistan) to attend the UNCITRAL Arbitration Working Group Sessions in
  Vienna and New York. (2008–)
• Worked with the Government of Pakistan and the International Finance
  Corporation on enhancing the legislative framework on ADR and the setting
  up of a pilot project to institutionalize court referred ADR, 2005/06.
  Worked with private practitioners of law to set up an arbitration center in
  Karachi, Pakistan, 2008.
• Successfully twice challenged in the Supreme Court of Pakistan the attempt
  of the NWFP Government to enact a Hisba law (a law setting up a moral
  police) in the North West Frontier Province, 2005.
  Advised the President on legislation for the repeal of laws discriminating
  against women and minorities, 2002.

 

Consultancies
(1990–2000):

 

• With PEPAC, a UNCHS project at the Karachi Development Authority
  for the Karachi Master Plan, regarding the adequacy of and proposed
  changes in the laws relating to urban planning.
• With EMMAY ASSOCIATES, a World Bank project at the Karachi
  Transport Corporation, regarding the scope and effectiveness of the laws
  relating to the internal structure and external operations of the
  Corporation.
• With PADCO, an IBRD project on Shelter for the poor and problems of
  housing finance in Pakistan.
• With T.P. O’Sullivan and Partners and PADCO Inc., for IBRD on the issues
  relating to land tenure in the province of Punjab, Pakistan.
  With IBRD as part of Sindh Urban Development Programme on the Land
  Recording Systems in Karachi.
• With United Nations Commission on Housing and Settlement (Habitat) on
  Urban Planning in Karachi.

 

Publications:

 

• Contributed a large number of articles to national newspapers and
  periodicals including, Dawn, Herald, Newsline and Viewpoint on
  constitutional and legal issues.
• A book on the Constitution of Pakistan (Pakistan Publishing House,
  Karachi, 1986).
• A tract with Shahid Kardar (former Governor, State Bank of Pakistan) on
  the economic and constitutional impediments to provincial autonomy in
  Pakistan.
• Article:with Richard T. de Belder, “Legal Aspects of Doing Business in
  Pakistan”, International Lawyer, Spring 1986, Volume 20, Number 2.
• Article: “The Juridical Concept of the Continental Shelf” Pakistan Horizon
  (A quarterly journal of the Pakistan Institute of International Affairs), 1986.
• Article: “Inclusionary Injustice: Admissibility of Evidence Obtained by
  Entrapment”, The Karachi Law Journal, 1987, volume IX.
• Chapter on the law relating to the “Arrest of Vessels” in Pakistan, Maritime
  Law Handbook, (Kluwer, Deventer, 1987).
• Article: “Constitutional Impediments to Provincial Autonomy” (Group 83
  Series, Lahore, 29 November, 1987).
• Article: “Political Tensions That Weaken the Rule of Law in the Third
  World”, Sind High Court Bar Review, 1986-87.
• Article: “Changing Constitutional Law, A Contemporary Survey”, Sind
  High Court Bar Review, 1986-87.
• Article: “1973 Constitution: Founding of the Federation”, a paper read on 3
  April, 1989 at an international seminar held in Karachi.
• Report on the law of contempt and proceedings arising out of the removal
  of the Lord President of the Malaysian Supreme Court, 1991, prepared for
  the International Commission of Jurists, Geneva.
• Report on the Legal and Political Situation in Burma, “The Burmese Way
  to Where”, 1992, prepared for the International Commission of Jurists,
  Geneva.
• Case Note: “Pakistan: Legality of a Hisba Bill to introduce an Islamic
  Ombudsman in the North-West-Frontier Province” 11 Yearbook of Islamic
  and Middle Eastern Law 413-462.
• Authored, Pakistan Chapter, ICCA Handbook on Commercial Arbitration,
  2013.