NHA Board Okays Appointment of Quantum Expert

The National Highway Authority (NHA) Executive Board approved the engagement of shortlisted Quantum Expert Andrew Yendall on a capped fee of £18,000 to assist in filing Pakistan’s application for bifurcation of the quantum and merits.

Official documents available with ProPakistani revealed that the Board deliberated upon ICSID Arbitration (ICSID Case No ARB/21/48) Bayindir Insaat Turzim TICARET VE SANAYI A.S (Claimant) Vs Islamic Republic of Pakistan (Respondent): Islamabad – Peshawar Motorway Project (M-1).

The NHA Executive Board approved the following on the recommendations of Pakistan’s Foreign Counsel and International Law Firm M/s Reed Smith LLP subject to the endorsement of the committee:

1. Authorized Member (North Zone), NHA to write the letter to the office of the Attorney General for Pakistan.
2. Authorized Director (Legal), NHA to give a Witness Statement.
3. Authorized Secretary (Board), NHA to convey the above-mentioned authorization/approval of NHA Executive Board in writing to the office of the Attorney General for Pakistan covering the following points:

1.  First, that the NHA continues to acknowledge Bayindir’s right to a final account under the terms of the (M-1) Contract.
2. Secondly, the NHA is ready at any time to undertake that final accounting process, subject to Bayindir’s meaningful participation without which the process cannot take place.
3. Thirdly, notwithstanding the fact that the NHA considers Siddiqui eminently suitable to act as “the Engineer” in this matter, and denies any allegations of a conflict of interest on his part, the NHA is willing to appoint another individual of its choosing in accordance with (M-1) Contract to act as “the Engineer”, who will complete the final accounting process.
4. Fourthly, if Bayindir is not satisfied with any final accounting decision rendered by “the Engineer”, then Clause 67 of the (M-1) Contract provides that Bayindir may submit it to arbitration under the terms of the Arbitration Act (No X of 1940).

The Board constituted a nine-member committee with Member (Engg. Coord) convener.

The TORs of the committee are as under:

1. oversee the progress in the case and apprise the Board on a quarterly basis.
2. coordinate with the office of the Attorney General, Pakistan’s Foreign Counsels, and provide necessary assistance, record, opinion, recommendations, and processing of fee invoices, as & when required.
3. co-opt any NHA officer as & when required for assistance.
4. Hire legal/technical/financial experts from the open market, if required for NHA’s assistance.
5. approve the engagement of any technical/legal/ financial or any other expert on the recommendations of Pakistan’s Foreign Counsel and Attorney General for Pakistan.
6. authorized to make the emergent decision in the case where timelines are strict.
7. May submit any matter for the decision of the Board, if so decided by the committee.

The Board also approved the engagement of shortlisted Quantum Expert Andrew Yendall, Yendall Hunter as proposed by the Attorney General for Pakistan on the advice of M/s Reed Smith LLP on a capped fee of £18,000/-. The quantum expert will assist in filing Pakistan’s application for bifurcation of the quantum and merits.