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He has experience of dealing with matters in a wide range of dispute resolution procedures including litigation, arbitration, adjudication and mediation. He has experience in advising and drafting pleadings in relation to all aspects of chambers’ work. As part of his role he has been asked to advise on tactical as well as legal issues and is experienced in pre-action matters, disclosure and the settling of witness statements. He has been instructed as junior and sole counsel and appeared in a number of trials in both court and arbitration as well as at various interim hearings.
In addition to purely legal and tactical issues, Zulfikar also has experience of having to grasp the technical issues which underpin many of the cases in which he has been involved. Zulfikar has been involved in a large number of cases requiring the involvement of multiple experts of various disciplines and in particular, experts dealing with issues of quantum and delay.
Zulfikar is recommended in the most recent editions of Chambers and Partners UK as a leading junior in the field of construction.
Zulfikar is familiar with arbitration and has acted and advised in arbitrations conducted under various arbitral rules and various governing laws in various jurisdictions including:
Zulfikar has experience of a wide range of claims and disputes arising in the construction and engineering context. Disputes have ranged from single domestic dwellings to large commercial developments including energy related projects such as power plants and waste processing facilities. He has experience of the following types of claim:
Zulfikar has also advised on issues of contract formation, letters of intent, construction of terms, indemnity clauses, misrepresentation, interim injunctions, expert evidence, limitation issues and conflicts of law including jurisdiction and substantive law issues. He has knowledge of the main standard forms of contract and sub-contract including JCT, NEC, GC/Works, DOM/1, GCC (Hong Kong) and FIDIC.
He is regularly instructed to appear in the High Court. Examples of his recent work include:
Zulfikar is familiar with adjudication and the relevant statutory instruments. He co-authored an article for a Canadian law journal dealing with adjudication and some of the proposed changes in the draft Construction Contracts Bill, now implemented as Part 8 of the Local Democracy, Economic Development and Construction Act 2009.
He has acted and advised in respect of adjudications conducted under various rules and has experience at all stages of the process, including: pre-action tactical advice relating to adjudication commencement; advising and settling notices of adjudication, referral notices and other documents; advising on issues of jurisdiction; advising on resisting adjudication awards in the TCC; and appearing in the High Court to resist and enforce adjudicators awards.
Zulfikar has experience of bespoke contracts in the IT industry and has advised on issues of contractual interpretation arising from an IT master services agreement and statement of works. In addition he was instructed by the UK government in a large dispute regarding the supply, design, integration and operation of a major nationwide IT infrastructure project.
Zulfikar has drafted pleadings and advised on claims regarding breach of contract, professional negligence (including directors liability) and restitution. He also has experience of equitable claims and remedies including those arising from trusts and proprietary estoppel and other claims arising out breach of fiduciary duties in cases of commercial fraud.