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The law firm AQLAAL Advocates is quite well regarded for its work in the telecommunication sector, regularly advising both domestic as well as foreign clients. The firm is also quite well equipped to handle work in the wind power sector.KEY INDIVIDUALS: Senior partner Ejaz Ishaq Khan heads the department handling matters relating to ‘Projects, Infrastructure & Energy’ and has been engaged in various significant projects including notably advising Qatar National Broadband Network on infrastructure projects in Qatar and advising the Alternative Energy Development Board on the development of five wind power projects, with a value totalling approximately USD675 million. Commentators describe him as seasoned, knowledgeable and articulate.' He is praised for his excellent negotiation skills and is said to be great at what he does.
THE FIRM This Islamabad-based practice regularly acts for both private sector and public sector clients. Recent work has demonstrated the firm’s expertise on projects in the electricity, wind power and telecoms sectors.KEY INDIVIDUALS Ejaz Ishaq Khan is an active and highly respected figure in telecoms and alternative energy. As well as counselling Pakistan’s Alternative Energy Development Board and National Electric Power Regulatory Authority, he advises public sector clients in other Asian states. Sources commend him as “very clued-up and very sound lawyer”
The Firm AQLAAL has made a name for itself in the renewable energy and telecoms sectors, with particular expertise in information technology, wind and thermal power mandates. Market sources also emphasise the team's deep knowledge of the national regulatory framework. A highlight for the firm was advising China International Water & Electric on three proposed 50 MW wind power projects. KEY INDIVIDUALS: Senior partner Ejaz Ishaq Khan is hailed as a bright and extremely capable lawyer. He is particularly highly regarded when it comes to project financings, as well as telecoms and renewable energy matters. He has a wealth of experience in drafting legislation and regulatory frameworks.
CHAMBERS ASIA RANKING 2014
ICC Arbitration Award
British Power International Limited
AQLAAL Advocates receently won an ICC Arbitration Award while representing British Power International Limited, (UK). The arbitration proceedings were held in Dubai and the matter was handled and conducted by Rashid Haneef, a partner at AQLAAL Advocates
ALTERNATIVE ENERGY DEVELOPMENT BOARD
IA & PPA negotiations and drafting
Drafting of PPA for wind powered generation projects and negotiations with Central Power Purchasing Agency for commercial purchase issues and with National Transmission and Despatch Company for interconnection and national grid related matters. Drafting of Implementation Agreement between project companies and the Government of Pakistan
PRIVATE POWER & INFRASTRUCTURE BOARD – PAKISTAN
Negotiations, advice and drafting in relation to Implementation Agreements and Power Purchase Agreements with Independent Power Producers consequent on refinancing and capacity expansion arrangements
Competitive Market Structure and private investment in Independent Power Projects
Consulting for Private Power & Infrastructure Board in relation to the implementation of the Policy for Private Generation Projects, 2002 in the context of Competitive Market Structure developed by the National Electric Power Regulatory Authority.
Prepared a detailed report identifying legal and regulatory issues thrown up by the Competitive Trading Arrangement Order passed by NEPRA, the role of National Transmission & Despatch Company both as the System Operator and the Single Buyer and generally identifying further work to be done by NEPRA in anticipation of a competitive market structure.
ADB RSC No. C40772 – Pakistan – Renewable Power -Policy & Regulatory Study
Report on the legal and regulatory framework for the Provincial Governments to establish and operate renewable energy projects, the market entry conditions and applications, the incentives regimes for entry and recommendations.
Advising AEDB on a diverse range of legal matters relating to leasing and sub-leasing of land for the projects (including Rights of Way) for the wind power projects
Tariff & General
Legal advice and assistance to AEDB on a broad range of matters pertaining to tariff issues for wind power projects and in relation to project facilitation and structuring
ADB TA 3801 – Corporatisation of West Zone Distribution Operations of BPDB
Preparation of draft enabling legal documents associated with corporatisation of West Zone Distribution Operations of Bangladesh Power Development Board, namely, the energy purchase agreement and business transfer agreement.
Facilitating negotiations between stakeholders to encourage agreement on the commercial terms of the agreements. Advising on all legal matters associated with corporatisation including the transfer of employees, assets and rights, and the regulatory compliance requirements for the corporatised entity.
National Electric Power Regulatory Authority
Review of Power Project Finance Documentation
Reviewing and advising the National Electric Power Regulatory Authority on the new draft contractual documentation prepared by the PPIB/Government of Pakistan for induction of private sector investment in the thermal power generation sector.
The Agreements include Power Purchase Agreement, Implementation Agreement, Fuel Supply Agreement and the Gas Supply Agreement.
Asian Development Bank
TA 4492 – Restructuring of Nepal Electricity Authority
This technical assistance project entails creation of Nepal Grid Company as part of the overall structural reform of the Nepal Electricity Authority.
The project entails identification of steps for the creation of the grid company and for its enablement to operate as an independent system operator and independent market operator. Legal component includes review of relevant laws and identification of legal measures required to form the successor company, its emerging role as a fair and transparent dispatcher within the context of multiple Independent Power Projects, development of the Grid Code and corporate governance matters.
ADB TA 3978 – Corporatisation of Dhaka Electric Supply Authority
This project is for the restructuring and corporatisation of the Dhaka Electric Supply Authority in Bangladesh.
The project entails devising the overall strategy and its implementation for restructuring and corporatisation, transfer of assets and personnel, financial restructuring including evaluation of options for divestment of DESA’s shares in Dhaka Electric Supply Company (DESCO), drafting of commercial agreements between DESA and other power sector entities; drafting of personnel policies, preparation of a financial and commercial action plan, implementation of the financial and management systems, and support to the new company to assimilate the new management systems and procedures.
Specific tasks to be completed in close coordination with the other members of the team being the Financial Management Expert, the Human Resources Expert, the Management Accountant and the Commercialisation Expert include identification of legal steps to be taken for conversion of DESA from a statutory body to a limited liability company, transfer of assets and liabilities to the successor company, identification of transactions both preceding and post corporatization and to prepare legal instruments and agreements to formalize these transactions, including power purchase and business transfer agreements.
ADB TA 3409 Capacity Building of NEPRA – Pakistan
Evaluation (from legal perspective) of reports and template documents prepared by international consultants in relation to, inter alia, transmission licence, special purpose transmission licence, electricity trading arrangements and transition from a single buyer (transmission company) to a bilateral contracts (direct between generation and distribution companies) trading model. Analysis and comments on changes required to the current legal regime and to distribution and generation licences.
USAID – International Resources Group Limited
Private Sector Hydropower Development Project II – Nepal
Legal member of team for review and drafting of Electricity Act and National Electricity Regulatory Commission Act for Nepal power sector, for legislation on the policy objectives set out in the Hydropower Policy of Nepal, 2001.
Review of private infrastructure and power sector related laws, analysis and reporting on changes required to existing legal framework for conformance with the proposed new regulatory framework.