Issues of Jurisdiction, Choice of Law and Enforcement in International Commercial Arbitration: A Nepal Perspective

Abstract

Arbitration, an accepted dispute resolution mechanism in Nepal, has been receiving increased interest in recent times, especially since the enactment of the new legislation on arbitration in 1999, attempting to harmonize the Nepalese law with the UNCITRAL Model Law as well as bring it on similarity with the other arbitration laws in the South Asian region. The Public Procurement Act and Regulations 2007 mandated ADR methods for dispute resolution in construction contracts. Interestingly, the legislation attempted to provide a structured methodology for the conduct of arbitration, and also specified timelines for the conduct and the completion of arbitration, a unique feature, especially because delayed arbitration has been a problem with many arbitral regimes within the region. This chapter attempts to showcase the Nepal Arbitration Act, 1999 and explain the jurisprudence developed in Nepal, especially related to the conduct of the arbitration and the enforcement of foreign arbitral awards.