Practice Overview
Arbitration and Alternative Dispute Resolution (ADR) have gained significant traction in Nepal’s legal landscape over the past few decades. As the country continues to integrate into the global economy and attract foreign investment, the need for efficient and cost-effective dispute resolution mechanisms has become increasingly apparent. Nepal’s legal framework for arbitration and ADR has evolved to meet these demands, with the Arbitration Act of 1999 serving as the primary legislation governing arbitration proceedings in the country.
The Nepalese legal system recognizes various forms of ADR, including arbitration, mediation, and negotiation. These methods offer parties alternatives to traditional litigation, often resulting in faster resolution, reduced costs, and increased flexibility. In recent years, the government has taken steps to promote ADR, particularly in commercial disputes, to alleviate the burden on the court system and create a more business-friendly environment.
Arbitration, in particular, has gained prominence in Nepal, especially for resolving commercial and international disputes. The country is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which enhances the enforceability of foreign arbitral awards in Nepal. Additionally, the establishment of the Nepal Council of Arbitration (NEPCA) has further strengthened the institutional framework for arbitration in the country.
We recognize the growing importance of arbitration and ADR in Nepal’s legal landscape. Our team of experienced lawyers is well-versed in these alternative dispute resolution mechanisms and is committed to providing comprehensive services to our clients in this practice area.
Our Article> Arbitration in Nepal: Laws, Process & Practice
Our Services
Arbitration Proceedings
Our firm offers robust representation in arbitration proceedings, both domestic and international. We guide clients through every stage of the arbitration process, from the initial filing of claims to the enforcement of awards. Our experienced arbitration lawyers meticulously prepare cases, develop effective strategies, and skillfully present arguments before arbitral tribunals. We ensure that our clients' interests are vigorously defended while striving for efficient and favorable resolutions.
Mediation & Dispute Resolution
Prime Law Associates provides comprehensive mediation services to help parties resolve disputes amicably. Our trained mediators facilitate constructive dialogues between parties, helping them explore mutually beneficial solutions. We create an environment conducive to open communication and creative problem-solving. Our mediation services are particularly effective in preserving business relationships and achieving outcomes that satisfy all parties involved.
Draft & Review Arbitration Clauses
Our firm specializes in drafting and reviewing arbitration clauses for various commercial contracts. We ensure that these clauses are clear, enforceable, and aligned with our clients' interests. Our lawyers carefully consider factors such as the choice of arbitral institution, applicable law, seat of arbitration, and procedural rules. We also review existing arbitration clauses to identify potential weaknesses and suggest improvements to enhance their effectiveness.
Enforcement of Arbitral Awards
We assist clients in enforcing both domestic and foreign arbitral awards in Nepal. Our lawyers navigate the complex legal procedures involved in award enforcement, ensuring compliance with local laws and international conventions. We work diligently to overcome any challenges to enforcement, utilizing our in-depth knowledge of Nepalese law and court procedures to secure favorable outcomes for our clients.
ADR Legal Advisory
Prime Law Associates offers specialized ADR consulting services to businesses and organizations. We advise on the selection of appropriate dispute resolution mechanisms, help design internal dispute resolution systems, and provide training on effective conflict management. Our consulting services are designed to help clients minimize disputes and resolve conflicts efficiently when they do arise.
Arbitrator and Mediator Selection
We assist clients in selecting suitable arbitrators and mediators for their disputes. Our extensive network and knowledge of the ADR landscape in Nepal enable us to recommend qualified professionals who possess the necessary expertise and impartiality. We consider factors such as the nature of the dispute, industry experience, and potential conflicts of interest to ensure the most appropriate selection.
Arbitration Case Assessment
Our firm conducts thorough pre-arbitration case assessments to evaluate the strengths and weaknesses of potential claims. We analyze relevant documents, assess the legal merits of the case, and provide a realistic appraisal of potential outcomes. This service helps clients make informed decisions about whether to pursue arbitration and how to strategically approach their disputes.
Our Experience
- Provided comprehensive legal support for the establishment of a new domestic airline in Nepal, including obtaining Air Operator Certificate and navigating regulatory requirements.
- Successfully defended an aircraft manufacturer in litigation arising from a high-profile accident investigation in Nepal
- Negotiated and structured complex aircraft leasing arrangements for several Nepalese airlines
- Provided ongoing regulatory compliance advice to multiple airports in Nepal.
- Advised on the environmental impact assessment and mitigation strategies .