Arbitration & Litigation

Contacts

Our Arbitration and Litigation practice group is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Overview

Disputes are inevitable in almost all the industries. In circumstances where disputes arise, it is necessary to resolve the disputes in a timely and adequate manner, so as to minimize the losses.

Globally, more emphasis is given on arbitration, which is an Alternative Dispute Resolution method, as a way of resolving the disputes. The arbitration has many benefits that traditional ways of resolving the disputes could not provide.

Object of getting the dispute settled through Arbitration is to bypass lengthy procedure invoked in civil cases.

Thus, where there is existence of Arbitration clause in the contract the party raising the dispute is always under legal obligation to refer the matter to Arbitration to fix responsibility of the opposite party.

Our Expertise

We routinely use arbitration, and other forms of alternative dispute resolution (ADR) as pragmatic ways to meet our clients’ needs.

From minor two-party conflicts to multimillion-dollar corporate matters, we use arbitration and mediation to resolve disputes involving: Complex financial issues, Corporate restructuring, Bankruptcies and workouts, Securities matters, Intellectual property conflicts, Oil and gas matters, Tax controversies, Contracts and commercial agreements, Business torts, Construction claims, Employment and labor matters.

We work with clients to prepare contract provisions, organizational procedures and guidelines on using arbitration and mediation to settle commercial disputes. We assess which venue is best suited for each case. Our lawyers have handled numerous arbitrations in forums sponsored by International Chamber of Commerce (ICC).

Our firm has one of the most respected litigation teams in the country. We have handled some of the most complex litigation and arbitration cases. The lawyers have represented clients both before the High Courts and the Supreme Court.

Our firm has extensive experience in business litigation. Our attorneys have successfully litigated disputes pertaining to breach of fiduciary duty, fraud, breach of contract, and intentional and negligent interference with prospective economic advantage, among others.

Additionally, our practice includes matters of complex commercial litigation involving alleged violations of competition law, trademark and copyright infringement, and other areas of intellectual property. Our lawyers have also handled multiple cases as to domain name disputes before the World Intellectual Property Organization (WIPO), National Arbitration Forum (NAF), and Domain Name Dispute Resolution Center (DNDRC) of Pakistan.

On the real estate litigation front, owing to significant speculation in this given sector in the recent years, our firm has provided representation for some of the largest developers in Pakistan. We have represented many developers in cases arising out of almost every type of real estate development, including commercial, residential, planned unit developments and master-planned communities.

We regularly represent private clients in litigation relating to property leases and transfers. We also represent landlord`s and tenants in ejectment proceedings before the rent controllers as well as before the superior courts.

Our Services

We assist clients by providing the following services:

• International commercial arbitrations before International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), Dubai International Arbitration Center (DIAC)
• Domestic arbitrations in Pakistan, and UAE
• Administrative law disputes, including, competition law, environmental and tax disputes
• Managing intellectual property litigation, administrative actions, and oppositions in multiple countries, including: UAE, Saudi Arabia, Qatar, Oman, Kuwait, Syria, Egypt, Jordan, Pakistan, India, and China
• Mediation and other forms of alternate dispute resolution, including, conciliation, and expert determination
• Litigation at all levels of Pakistani courts
• Domain name disputes case before World Intellectual Property Organization (WIPO), National Arbitration Forum (NAF), and Domain Name Dispute Resolution Center (DNDRC) of Pakistan

Banking & Finance

Contacts

Our Banking & Finance practice group is led by Junaid Daudpota, the Managing Partner of our firm. He can be reached at junaid@daudpota.com

Overview

It is said that banks and financial institutions are the custodians of public money, and that banks have fiduciary relationship with their Customers.

It is also said that if anybody has obtained loan or availed financial facility, it becomes his moral and legal obligation and duty to return the same in accordance with the terms and conditions, on which the same was obtained and availed; and in case of failure and default, the Banking Company/Institution is entitled to seek the remedy for securing its interest and recover the amount due. Whereas the creditor has the right to recover whatever is due, the borrower/customer is entitled to get the determination made of the due amount. Both have certain rights and obligations to be dealt in a just and fair manner.

Our Expertise

Banking and Finance
We understand the banking and capital markets to the core. We possess the capacity to handle every type of transaction from major, complex international transactions to smaller, local matters. We are able to offer the highest quality advice with strong commercial focus on all aspects of banking and financing transactions.

We have advised a number of banks and financial institutions on various aspects of bank financing, investment, leasing, capital market transactions, securitization, and debt restructuring.

We act on bank financing transactions such as secured and unsecured bilateral and syndicated loans, refinancing, project finance, trade and asset finance and structured finance.

We provide advice on financial services products to local institutions and foreign clients, compliance requirements on financial institutions, the application of securities laws, laws affecting the provision of financial services and exchange control requirements.

Anti-Money Laundering
We are able to design, implement and monitor anti-money laundering compliance programs for our clients. We draft policies and procedures, deliver training, and advice on risk mitigation as regards the anti-money laundering issues.

Islamic & Project Finance
We have advised on Islamic financial products, Islamic trade finance and the practical applications of Islamic banking and finance. We have also studied the legal framework of Takaful and the legal aspects of Islamic electronic banking.

Our Services

We assist clients by providing the following services:

- Acquisition financing
- Project financing
- Structured corporate financing
- Syndicated financing
- Financial services regulatory advice
- Finance-related tax advice
- Lease Documentation
- Banking and finance litigation
- Import/Export credit facility documentation
- Structuring and documentation of regulated and unregulated funds
- Authorizations and notification procedures
- Licensing of investment stock corporations
- Fund-specific capital market, regulatory, distribution and competition law
- Advice on the issue of bonds and equities; Advice on admissions to listings
- Public securities offerings and the notifications
- Preparation of prospectuses and related documentation
- Asset backed securitization
- Commercial mortgage backed securities

Our Publications

Anti-Money Laundering Law of Pakistan – An Overview
(by Faisal Daudpota) – 2013 December (Social Sciences Review Network)

Competition & Antitrust

Contacts

Our competition law practice group is led by Junaid Daudpota, the Managing Partner of our firm. He can be reached at junaid@daudpota.com

Overview

Our firm has extensive experience with the complete range of issues arising under competition laws, including: Investigations and Raids, Abuse of dominance, Compliance Programs, Mergers and Acquisitions, Deceptive Marketing Issues, and Competition Litigation.

With a premier competition law expert, ours is the only firm in Pakistan experienced in all aspects of competition law.

Through a network of associates, we also arrange advice for our clients on competition law regimes of various Middle East countries, including competition laws in the UAE, Saudi Arabia, Qatar, Kuwait, Turkey, Jordan, and Syria.

Our Expertise

Investigations and Raids

The Competition Commission can get search warrants and orders for production of documents and oral examinations. Even if your business is in full compliance with the competition law, you could be forced to assist the Competition Commission with its investigation through such orders. If you hear from the Competition Commission, call us.

We have experience in dealing with Competition Commission during the execution of search warrants and responding to orders for production of documents and oral examinations. We also provide guidance and in-house training on how to handle on-site inspections and raids by the Competition Commission.

We act for businesses under investigation by the Competition Commission and involved in proceedings relating to abuse of dominance and other reviewable matters. We act for businesses that want to prosecute others for anti-competitive behavior.

Abuse of Dominance

If you have large market share, you need to be concerned about the competition law’s abuse of dominance provisions.

We also advise companies, whether challenging or in defense, about the rules regarding abuse of a dominant position.

Compliance Programs

We frequently advise clients on structuring their contracts and other business relationships to avoid infringing competition law. We also conduct compliance seminars that help our clients reduce the risk of government investigations and private litigation.

We provide guidance, in-house and web-based training for individual clients on competition-related topics. We assist our clients in developing and running a compliance program to reduce chances of competition law violations. Our custom designed compliance programs include, delivering in-house seminars, educating employees, and regular internal competition audits to make sure that your competition law compliance program is working.

Mergers and Acquisitions

We regularly help clients obtain clearance of proposed mergers, acquisitions, and other business concentrations from the Competition Commission. Our clients regularly call upon us for jurisdictional analyses, merger feasibility studies, and strategic advice on potential mergers and acquisitions, including identifying possible remedies to alleviate competition concerns.

If your business is party to a merger, acquisition or divestment, you need competition law advice. We will:

• Study the anticipated transaction to ascertain the competition impact in the relevant markets,
• Determine whether your merger must be pre-notified under the Competition law,
• Prepare pre-notification filings under the competition law,
• Represent you before the Competition Commission to get your merger approved, or
• Defend your merger in the Competition Commission, if necessary.

We also file cases on behalf of clients against mergers notified which could result in a substantial lessening of competition.

Deceptive Marketing Issues

You need to be aware of the rules in the competition law that apply to almost every kind of advertising. There are special rules for promotional contests, pyramid selling, and telemarketing.

We provide advice on compliance with these provisions and defend clients accused of misleading advertising and other marketing-related offenses.

Regional Expertise

Through a network of associates, we also arrange advice for our clients on regional competition laws, including competition laws in the UAE, Saudi Arabia, India, Qatar, Kuwait, Turkey, Jordan, and Bangladesh.

Competition Litigation

The Competition Commission is the administrative tribunal that hears competition cases. Private access to the Tribunal is now possible for refusal to deal and certain other cases.

Our team represents clients in competition law actions before the Competition Commission and Pakistan’s Courts. We bring similar legal, procedural, and tactical experience to handling private damages actions before the Courts.

Publications

You need to be aware of the rules in the competition law that apply to almost every kind of advertising. There are special rules for promotional contests, pyramid selling, and telemarketing.

Article: “Competition in Pakistan: the new regime”, Competition Law Insight, November 20, 2007.

Ebook: “Competition Law in Pakistan”, available through iBooks/iTunes book-store.

Ebook: “Competition Law in Saudi Arabia” [Kindle Edition], available on Amazon online book-store.

Corporate Advisory and M&As

Contacts

Our Corporate Advisory and M&A practice is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Our Expertise

Our corporate and commercial practice has accumulated many years of experience and provides expertise and legal advice on a range of issues including: Formation and structure of new business ventures, shareholder agreements, investment agreements, business succession agreements.

Our lawyers have experience of assisting clients as regards to their due diligence needs for mergers and acquisitions transactions – specifically in Pakistan. Our M&A practice has accumulated many years of experience and provides expertise and legal advice on a range of issues including: Formation and structure of new business ventures, shareholder agreements, investment agreements, business succession agreements.

When dealing with such transactions, we proactively engage  and guide our clients as regards:

- Planning (Prepare a step by step plan for the entire due diligence process)
- Information gathering (Gather all key information, records and documentation that will be essential to the proposed transaction. This includes but is not limited to all legal, financial, human resource and corporate related information)
- Analyzing the information gathered (The analysis will determine whether there are any red flags that may be detrimental to the proposed transaction)
- Preparation of due diligence report (Preparation of a report that contains an analysis of all the qualitative and quantitative information gathered, and advice on how to proceed in accordance with the information available)

Our Services

We assist and advise our corporate clients with respect to the following:

- Legal due diligence; ensuring that there are no legal impediments to the proposed transaction. Includes review of all the key legal documents of the company
- HR due diligence; analyzing the impact of human capital on the proposed deal. Includes looking at employment contracts, compensation schemes, HR process and legal compliance etc
- Company setting-up and structure
- Agreements to regulate control and management
- Advice as independent counsel on disputes resolution
- Advice on obligations under corporations/company laws including director’s duties, shareholder rights, financial reporting and lodgment requirements

Our Experience

Highlighted below are some of the recent assignments handled by our lawyers:

- Conducted due diligence of a subsidiary of Malaysian listed company for the purpose of a corporate exercise of rights issue and employees’ share option scheme

- Advised a national stock exchange as to seller side due diligence issues on anticipated share divestment transaction of the shares of the stock exchange itself

- Advised an Egyptian Investment Business as to setting up in Pakistan for sale of land moving heavy machineries – advices on foreign exchange laws, investment laws, employment laws, taxation laws, and immigration laws

Data Protection & Privacy

Contacts

Our Data Protection & Privacy practice group is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Overview

We have unparalleled understanding as to data protection and information security in the whole Middle East. Businesses regularly call upon us to coordinate data privacy compliance assignments for the whole Middle East region.

We assist clients on data protection assignments for UAE, Saudi Arabia, and Pakistan. Our staff is able to represent clients before the Courts in the Dubai International Financial Centre (DIFC).

We have worked on data privacy issues for clients from diverse business sectors, such as, banks and financial institutions, healthcare and pharmaceutical companies, and Internet companies.

Our lead staff for this practice area, Mr. Faisal Daudpota, who is the Senior Partner in our firm, is also a member of International Association of Privacy Professionals (IAPP).

Mr. Daudpota is also the co-author to the UAE focused chapter for ‘Global Privacy and Security Law’ (Aspen Publishers), a two volume treatise that analyzes the privacy and data protection laws, usages, and trends of more than 60 countries.

Our Services

We assist client in following matters:

• International data transfers
• Personal information privacy issues under the local laws in the context of cross-border investigations and discovery requests,
• Liability risk mitigation resulting from data breach incidents,
• In-house data privacy compliance trainings,
• Privacy policies and disclaimers for public access websites, secured web portals, and e-mails,
• Medical information disclosure thresholds,
• Financial data disclosure thresholds,
• Customer privacy policies,
• Employee and work place privacy policies and contracts,
• Data retention policies,
• Drafting of non-disclosure agreements, and
• Drafting of intra-company data transfer policies, compliance thresholds and agreements.

Employment

Contacts

Our Employment practice group is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Overview

We understand that Labor and Employment Laws are usually complex. This is for the reason that many governments view that a balanced labour policy should be based on objectives such as:

- Workers’ right to form unions and unions should be protected and an institutional framework be made available to foster close cooperation between workers and employers at establishment level
- Equitable adjustment of rights between workers and employers should be ensured in an atmosphere of harmony, mutually beneficial to the workers and the management
- Adequate security of jobs should be available to the workers and there should be expeditious redressal of their grievances
- Conditions should be created that workers and employers are committed in enhancing the labor productivity
- Promotion to higher jobs be ensured at all levels based on suitability and merit and for this purpose arrangements should be made for in-service training facilities
- Facilities for proper matching of job opportunities and the job seekers be strengthened and standard procedures be streamlined
- Social insurance schemes to be further strengthened
- Just and humane conditions of work be guaranteed to all workers
- Provisions relating to the employment of children to be strictly adhered to and be enforced

Our Services

We assist our clients as to following aspects of Labor and Employment law:

- Termination of employees
- Developing employee policies, and codes of conduct
- Data protection, privacy, and employee monitoring in workplace
- Background checks screening and disciplinary investigations
- Confidentiality, trade secrets, and intellectual property
- Non-compete and non-disclosure agreements
- Discrimination and unfair dismissals
- Appointment letters and employment contracts
- Litigation before courts and tribunals

Recent Cases & Transactions

Below are the select highlights of our recent work in Employment law:

- Advised an an international technology infrastructure company as to its employment contracts, and employee code of conduct for its operations in Pakistan

- Advised a UAE based news organization as to strategy and documentation for termination of its employees in Pakistan

- Representing a former senior executive in an appeal before the Supreme Court of Pakistan resulting from his unfair dismissal claim against subsidiary of a multinational pharmaceutical company

- Advised an Egyptian company as to its compliance for employment of staff for its anticipated investments in Pakistan

Memberships

Our lawyers are members to the following prestigious organizations pertaining to franchising and distribution:

- International Employment Law Committee, International Law Section, American Bar Association (United States of America)

- International Labor and Employment Law Committee, Labor and Employment Law Section, American Bar Association (United States of America)

Franchising & Distribution

Contacts

Our Franchising & Distribution practice group is led by Junaid Daudpota, the Partner of our firm. He can be reached at junaid@daudpota.com

Our Expertise

We have coordinated consultation on franchise compliance issues for Saudi Arabia, Pakistan, UAE, Egypt, Qatar, Oman, Kuwait, Jordan, Tunisia, Bangladesh, Sri Lanka, Nepal, India, etc.

The Middle East and South Asian population is hungry for western brands. With plenty of disposable income in tax concession regimes, locals are keen to spend on branded goods and services – from cupcakes to fitness clubs, or from restaurant chains to designer clothing.

These regions are not only witnessing growth for incoming brands but are also producing local brands that are making in-roads into countries out of the Middle East and South Asia.

Daudpota International understands that the decision to buy or sell a franchise is often taken lightly despite the fact that usually significant investment and risk are involved. We have experience in many business segments, products and services.

The role of Daudpota International during franchise or distribution agreement negotiation, due diligence, and compliance, is to encourage and assist in conducting thorough due diligence of the franchisor, the vendor, the business and the client himself or herself, to ensure the right business is married to the right person.

Our Services

We assist and advise our Franchising & Distribution client with respect to the following:

- Advising on International Franchise Agreements
- Advising on International Distribution Agreements
- Advising on Non-Disclosure and Confidentiality Issues
- Advising on Withholding Taxes and Foreign Exchnage Issues
- Advising on Regulatory Compliance and Competition Laws
- Guidance on Foreign Cultural Adaptations and Customary Practices
- Advising on Mergers & Acquisitions, and Joint Ventures
- Registration and Enforcement of Trademarks
- Representing in and coordination of Litigation and Arbitration

Our Experience

Highlighted below are some of the recent assignments handled by our lawyers:

- Advised a US based business specializing in extracurricular education activities, as to franchising structure and compliance issues in the UAE;
- Advised a Australia based business specializing in indoor trampoline arenas and playgrounds, as to franchising structure and compliance issues in Pakistan;
- Advised a US based chain of specialized gyms, fitness centers & health clubs dedicated to boxing & kickboxing fitness training, as to franchising structure and compliance issues throughout Middle East;
- Advised a US based fast-food restaurant’s chain as to its franchisee contracts, and as to foreign exchange remittance laws, competition laws, taxation laws of in Pakistan;
- Advised an Italy based fine dining restaurant’s chain as to franchising structure and compliance issues in the UAE;
- Advised a another US based fast-food restaurant’s chain as to its franchisee contracts, and as to foreign exchange remittance laws, competition laws, taxation laws of in Pakistan;
- Advised world’s largest chain of hamburger fast food restaurants as to franchising structure and compliance issues in Pakistan;
- Advised one of Pakistan’s most famous snacks restaurants as to its franchising structure in Pakistan;
- Advised a major Czech Republic company engaged in consumer electronics, and home appliances, as to franchising structure and compliance issues in Pakistan;
- Act for a US based world’s largest fast food restaurant company as to its franchising compliance and intellectual property infringements matters throughout the Middle East;
- Advised a major Japanese haircare and cosmetics company as to its franchising deal with a master distributor throughout GCC Countries; and
- Advised a Qatari business conglomerate as to its multiple franchising and distribution deals in automobile, luxury clothing, and cosmetics sectors throughout GCC Countries

Memberships

Our lawyers are members to the following prestigious organizations pertaining to franchising and distribution:

- International Distribution Institute (Italy)
- Franchising Committee of the International Bar Association (Switzerland)
- Distribution and Franchising Committee, Antitrust Law Section, American Bar Association (United States of America)
- International Commercial Transactions, Franchising and Distribution Committee, International Law Section, American Bar Association (United States of America)

Publications

‘Limitation on Repatriation of Royalties out of Pakistan – An Imprudent and Unlawful Measure that Hinders Development of Franchise Markets’
(International Franchising Newsletter of the International Bar Association Legal Practice Division), Volume 17 No. 1 (May 2013, page 20)

Intellectual Property

Contacts

Our Intellectual property practice group is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Overview

Our lawyers are expert at counseling clients on all aspects of laws relating to intellectual property prosecutions and enforcement in many jurisdictions all across Middle East and South Asia, as well as internationally. We have conducted and managed multiple litigations and instructed counsels in trademark infringement and counterfeiting matters in various countries.

We have managed due diligence, investigation, and enforcement actions (including administrative, civil, criminal and border enforcement actions) in various countries. We have supervised multi-jurisdictional investigation (covering UAE, Jordan, Egypt, Tunisia, Syria, Pakistan, and Iraq) as to trademark infringement. We have advised on strategies pertaining to brand protection, licensing, and trademark prosecution in the UAE to a number of clients.

Our Services

We assist and advise our Intellectual Property Clients with respect to the following:

- Trademarks Prosecution, Trademarks Oppositions, and Trademarks Cancellations
- Anti-counterfeiting and Brand Protection, and Trademarks Litigation
- Domain Name Disputes
- Misleading Advertising
- Copyrights Enforcement/Anti-piracy
- Industrial Designs prosecution and Protection
- Patents Prosecution, and Patents Litigation
- Trade Secrets/Breach of Confidence
- Intellectual Property Counseling, and Portfolio Management
- Due Diligence/IP Audits
- Regional Strategy (Middle East and South Asia)
- Licensing and Franchising

Our Experience

Highlighted below are some of the recent assignments handled by our lawyers:

• Managed complex trademark infringement litigations in the Middle East and South Asia for a number of clients, including: a NASDAQ listed largest global online marketplace platform owning company, a leading real-estate development company in the UAE, a global fruit-juice drinks company out of Germany;
• Managed all due diligence, investigation, and enforcement actions (including administrative, civil, criminal and border enforcement actions) in the UAE for a leading Japanese automobile manufacturer;
• Regularly called upon to advise on problems relating to parallel importation, trademarks clearance, enforcement of judgments thresholds in the UAE to a number of clients, including: a NASDAQ listed company (that provides a diversified range of systems, software, and services that empowers networking technology globally), a leading UK based media group (that specializes in consumer, business and customer magazines, websites, exhibitions and events, in the UK and worldwide), a UAE based investment fund company;
• Regularly called upon to advice on strategies pertaining to brand protection, licensing, and trademark prosecution in the UAE to a number of clients, including: a global workforce development and IT consulting organization, a leading global company that manufactures healthcare and consumer products, a Canadian technology company (that designs, manufactures, deploys, and services remote environmental monitoring equipment);
• Supervised multi-jurisdictional investigation (covering UAE, Jordan, and Iraq) as to trademark infringement on behalf of a leading Japanese company (dealing in electronics, video, communications, video game consoles, and information technology products);
• Representing and opining Pakistan State Oil Ltd. (PSO) in civil and criminal litigation cases relating to franchise agreements, breach of copyright and trademarks, counterfeiting and adulteration of PSO products, and recovery of dues;
• Manage trademark portfolios for a number of clients, including: a leading UAE headquartered luxury goods retailer, a German heavy vehicle parts manufacturer, an international microfinance lending institution, a leading UAE based aromatic skin-care products company, and a leading distributor of alcoholic drinks in the Middle East;
• Represented a UAE based leading Islamic Bank in a contested UDRP case for domain names transfer;
• Advised a leading developer in the UAE as to liability disclaimers for master plan, villa footprint document, elevation document, floor plans, finishes schedule, and marketing brochure pertaining to a major developing project;
• Advised a leading supermarkets franchisee in the UAE as to rights of collection societies in respect of licensing and use of music;
• Advised a leading UAE supermarket chain copyright infringement issues in relation to its outsourced branding contracts;
• Advised a leading UAE government entity as to copyright ownership issues in relation to its outsourced book compilation deals

Publications

‘Pakistan: Stopping Imports of Counterfeit Goods Through Customs Enforcement Actions’
2021 November – (Social Sciences Research Network)

‘Trade War for Trans-Border Basmati Label – an Assessment of Select Legal Issues Before the European Commission’
2021 January – (Social Sciences Research Network)

‘Remedies Against Infringement of IP Rights in Dubai International Financial Centre (DIFC)‘
2020 February – (Social Sciences Research Network)

‘Geographical Indications Law of Pakistan – An Overview’
2020 May – (Social Sciences Research Network)

‘Pakistan Must Recognize the Right of Priority of Hague Design Applications … Even Though It Is Not a Party to the Hague Agreement!’
2019 January – (Social Sciences Research Network)

‘Groundless Threats of Trademark Infringement’
2018 May – (WIPR – World Intellectual Property Review)

‘Digital Copyrights Protection in GCC Countries’
2017 October – (Social Sciences Research Network)

‘Pakistan: New Customs Rules On Counterfeits’
2017 May – (WIPR – World Intellectual Property Review)

‘Pakistan – Understanding Its Law on Plant Variety Rights’
2017 April – (Social Sciences Research Network)

‘Saudi Arabia: Rights in Well-Known Marks Recognized When Goods Are Similar Despite Difference in Classes’
2017 March – (March 15, 2017 INTA Bulletin, Vol. 72, No. 5)

‘Saudi Arabia: Court Gives Well-Known Status to Unregistered Trademark’
2016 May – (May 15, 2016 INTA Bulletin, Vol. 71, No. 9)

‘Understanding the Jurisdiction of Pakistan’s Specialized Courts for Intellectual Property Rights Enforcement’
2016 January – (Social Sciences Research Network)

‘Thresholds as to Exhaustion of Trademark Rights in Pakistan’
2015 March – (Social Sciences Research Network)

‘Fundamentals of Pakistan’s Copyright Law’
2013 April – (Social Sciences Research Network)

‘The Past and Present of International Efforts Against Trademark Counterfeiting’
January, 2007, INTA – Special Report “Counterfeiting” [NY, USA]

‘Anticounterfeiting Milestones of the European Union’
January, 2007, INTA – Special Report “Counterfeiting” [NY, USA]

‘Crime in Goods’
2005 – Trademark World, June, p 28 [London, UK]

‘Protection of performers’ rights in Pakistan’
2003 Copyright World, March, p 25 [London, UK]

‘Overview of Law Relating to Industrial designs in Pakistan’
2002 Copyright World, June/July, p 20 [London, UK]

‘Pre-Trial Injunctions in Pakistan’s Patent World’
2002 Patent World, September, p 24 [London, UK]

‘Compilations, Speeches, Wrappers & Assignments: The most important copyright cases from Pakistan’
2002 Copyright World, October, p 20 [London, UK]

Technology & Telecoms

Contacts

Our Technology and Telecoms practice is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Our Expertise

Back in 2008, our partners assisted one of the world’s largest telecommunications company by acting act as its temporary In-house Regional Legal Counsel for the whole region of the Middle East and North Africa, where he supervised legal and compliance issues of high value international telecommunication contracts throughout all stages.

Since then our firm is able to advise its clients in respect of their contract negotiations of major telecommunication companies in the South Asia, GCC and MENA region.

Our lawyers have also been involved in contract negotiation phases in relation to complex international procurement/supply contracts; and monitoring phases involving assignment of contracts, estimating consequences and liquidated damages for delay in performance or acceptance of works and the dispute resolution issues thereof.

Our lawyers have also regularly dealt with senior management of the client/company with specializations in procurement, services, marketing, sales, and structured finance, etc. We have advised clients on identifying and managing risk, as well as outsourcing, and sub-contracting aspects in international telecommunications contract deals.

Our Services

We advise our Technology and Outsourcing with respect to the following:

• Research and development agreements
• Software licenses; Turn-key agreements
• Escrow agreements; Outsourcing / managed services
• Hardware procurement
• Customer resource management arrangements
• On-line contracting; On-line tendering
• ASP (application service provider) arrangements
• RFQ or RFI preparation, management, and evaluation
• Letters of Intent (LOIs); Statements of Work (SOWs)
• Service Level Agreement (SLAs)
• Warranties, Care and Maintenance Agreements
• Non-Disclosure Agreements (NDAs)
• Electronic financial services
• Electronic signatures & records
• Mobile & internet commerce
• Privacy and data security

Wills Probate & Trusts

Contacts

Our Wills, Probate & Trusts practice is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Overview

Wills for Properties within Pakistan
A Will is a testamentary legal document and a declaration that reflects your wishes in relation to disposition of your estate and properties, whether movable or immovable, after your demise. Any person of a sound mind can make a Will, which takes effect after the death of the testator. Having a Will is important to show your intention to the concerned persons who may or may not have interest in your properties. You may name a certain individual as the executor of your Will who shall after your demise carry out your instructions on your behalf.

In Pakistan, a Will by a Muslim person is scrutinized procedurally under the Succession Act of 1925 and substantively under the Shariah Law when it comes to disposition of properties. However, when the issuer of a Will is non-Muslim, the same would still be governed by the Succession Act of 1925, instead of Shariah law, the personal law of the given person will apply to substantive issues.

Wills for Properties outside Pakistan
A Will can be made for properties situated within Pakistan or abroad. The threshold is that Muslims living in or outside Pakistan must follow Shariah principles even if the property(ies) is situated abroad. For the valid execution of the Will it must conform to Pakistani law if the property is situated in Pakistan. However, if the testator is domiciled outside of Pakistan, then national laws of relevant country may apply.

Inheritance Disputes (Division of Assets)
In case the deceased does not leave a Will, the disposition of his/her estate then becomes a matter of Pakistan’s inheritance laws i.e. the Succession Act of 1925 in accordance with Shariah principles, where the deceased is a Muslim.

Dying without a Will could give rise to all sorts of inheritance disputes as to division of assets among remaining legal heirs or persons who claim interest in the properties of the deceased.

Our Services

We assist and advise our clients with respect to the following:

- Preparation and drafting of Wills (for Pakistanis whether residing inside or outside the country)
- Preparation and drafting of Wills (for Foreigners/expatriates residing inside Pakistan)
- Registration and Amendment of Wills
- Structuring and formation of Trusts
- Securing Succession Certificates or Letters of Administration from Courts
- Representing Litigants in Inheritance Disputes
- Providing advice on structuring of Wills when properties are in more then one country
- Providing advice to foreign corporations on Wills for its employees for various compliance purposes

Hospitality

Contacts

Our Hospitality practice group is led by Faisal Daudpota, the Senior Partner of our firm. He can be reached at faisal@daudpota.com

Overview

Our firm has extensive experience with the complete range of issues pertaining to hospitality industry.

We have coordinated consultation and securing of licenses and permits for hotels operators, restaurants operators, and travel agents on compliance issues for the UAE, Saudi Arabia, and Pakistan.

The UAE and Saudi Arabia hospitality market is poised to grow significantly in this decade. This is because of various factors, including robust laws pertaining to promotion of tourism, increasing government support, ensuring safety, strategic location and amazing warm weather.

Daudpota International understands that the decision to set-up or license a hotel or restaurant concept is often taken lightly despite the fact that usually significant investment and risk are involved. We have experience in relevant business segments, compliance issues, and transactions.

Recent Representative Cases and Transactions

- Advised Hilton Hotels Worldwide as to its franchisee transaction in Saudi Arabia

- Advised Ramada by Wyndham as to its franchisee transaction in Pakistan

- Advised Como Hotels and Resorts as to its intellectual property matters in the UAE

- Advised the largest alcoholic beverages distributor in the Middle East as to its intellectual property matters

- Advised many restaurant companies from USA, Canada, UK, France, Italy, Taiwan, Japan, Australia, etc., as to their franchisee transactions in a number of countries, including the UAE, Saudi Arabia, Qatar, Kuwait, Egypt, Jordan, Oman, Iraq, Pakistan, and Bangladesh

Our Services

We assist clients as to transactions and cases involving:

- Advising on Management Contracts, Franchise Contracts, Conference Services Contracts

- Advising on Tourism and Hospitality Regulations in the UAE, Saudi Arabia

- Advising on Insurance matters, and Customer Safety matters

- Advising on Non-Disclosure and Confidentiality Issues

- Advising on Taxes and Foreign Exchange Issues

- Advising on Regulatory Compliance and Competition Laws, and Intellectual Property Laws

- Representing in and coordination of Litigation and Arbitration as to negligence claims

- Advising on Appointment letters and employment contracts, and Termination of employees

- Advising on employee policies, and codes of conduct

- Advising on Data protection, privacy, and employee monitoring in workplace

Memberships

Our lawyers are members to the following prestigious organizations pertaining to Hospitality:

- International Franchise Association (IFA)

- American Bar Association (ABA), Forum on Franchising

- Academy of Hospitality Industry Attorneys (AHIA)

Our Publications

2019 November – Hospitality
Saudi Arabia: An Overview of its Commercial Franchise Law
(by Faisal Daudpota), Social Sciences Review Network (SSRN)

Ebook: “Competition Law in Saudi Arabia” [Kindle Edition], available on Amazon online book-store.