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Pakistan Considers International Arbitration Against Etisalat Over $800 Million PTCL Payment

PTCL Privatisation Dispute: Pakistan Seeks Recovery of $800 Million from UAE’s Etisalat

Pakistan Considers International Arbitration Against Etisalat Over $800 Million PTCL Dues

Pakistan is considering international arbitration against UAE-based telecommunications company Etisalat over approximately $800 million in outstanding payments from the privatisation of Pakistan Telecommunication Company Limited (PTCL), along with the opportunity cost accrued since 2008 and applicable damages.

The issue was discussed during a joint meeting of the Senate Standing Committees on Information Technology and Privatisation on Tuesday, according to a report by Dawn. Officials informed the meeting that the Office of the Attorney General for Pakistan (OAGP) had been directed to implement the federal cabinet’s decision under Rule 24 of the Rules of Business, 1973, at the earliest.

Senators Raise Concerns Over PTCL Privatisation Agreement

Members of both Senate committees expressed surprise that they had not been provided access to the Sale Purchase Agreement (SPA) covering the transfer of 26 percent shares in PTCL, along with management control, to Etisalat International Pakistan (EIP).

The joint meeting was chaired by Senator Dr Afnanullah Khan, chairman of the Senate Standing Committee on Privatisation, and Senator Palwasha Khan, chairwoman of the Senate Standing Committee on Information Technology and Telecommunications.

Why Etisalat Still Owes Pakistan $800 Million

According to a briefing by the Ministry of Privatisation, Pakistan sold a 26 percent stake in PTCL, along with management control, to Etisalat in 2005 for $2.59 billion.

The government received approximately $1.76 billion, while nearly $800 million remains unpaid. The outstanding amount was linked to the transfer of PTCL properties to the new management.

Although 99 percent of the properties have been transferred, 32 out of a total of 3,246 properties remain unresolved. Etisalat, now known as e&, has continued to withhold the outstanding payment due to the incomplete property transfers.

Pakistan’s Efforts to Resolve PTCL Privatisation Dispute

The Ministry of Privatisation told the committees that the government had made several attempts since 2015 to resolve post-privatisation issues and reach an amicable settlement with Etisalat.

These efforts included the formation of multiple committees and negotiations with the UAE-based company. However, the dispute remained unresolved.

In July this year, the government formed another committee headed by the Prime Minister’s Adviser on Privatisation. Representatives from the ministries of Information Technology and Law, along with the Office of the Attorney General for Pakistan, were also included.

Government Committee Recommends International Arbitration

After reviewing the dispute’s 20-year history, the committee recommended that Pakistan consider international arbitration under the provisions of the Sale Purchase Agreement.

The proposed legal action aims to recover the outstanding $800 million, along with its opportunity cost since 2008 and any applicable damages.

The committee also recommended that the Attorney General evaluate the strength of Pakistan’s legal case, its chances of success and the potential legal implications before proceeding with arbitration.

The matter could mark a significant development in Pakistan’s long-running effort to resolve the financial dispute arising from the PTCL privatisation agreement.

Google AI Overview

Core Details of the Dispute

The Sale (2005): Pakistan sold a 26% stake and management control of PTCL to Etisalat for $2.59 billion.

Payments Received: Pakistan has received $1.76 billion, leaving roughly $800 million unpaid.

The Sticking Point (Property Transfers): Etisalat maintains it withheld the balance because the Government of Pakistan failed to cleanly transfer title deeds for all promised PTCL properties. Out of 3,246 total properties, 32 properties (about 1%) remain untransferred.

The Timeline & Stagnation: Under the revised 2006 agreement, full property transfers were supposed to be completed by January 2008. After paying three instalments (totaling ~$400 million), Etisalat halted further payments

WebDesk
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