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Commercial Disputes & Arbitration

Business disputes resolved by negotiation, arbitration or trial.

What you are facing

Commercial disputes rarely stay in one lane. A shareholder fall-out becomes a fraud complaint; an unpaid invoice becomes a cheque case; a failed joint venture ends up before an arbitral tribunal and the police at the same time. Clients need counsel who can manage every forum at once and keep the overall strategy consistent.

We act in shareholder and partnership disputes, contract claims, debt recovery, construction and supply disputes, and the criminal complaints that so often travel with them. We represent clients in mediation, domestic arbitration, District and High Court litigation, and applications to enforce or challenge arbitral awards. Our first job is always to work out what a good result looks like for your business, and the fastest credible route to it.

Commercial Disputes & Arbitration

Legal framework

The statutes that govern this area, and what each one means for your matter.

Arbitration Act, 2055

Governs domestic arbitration in Nepal: appointment of arbitrators, conduct of proceedings, the limited grounds on which the High Court may set aside an award, and enforcement.

New York Convention

Nepal is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which allows qualifying foreign awards to be enforced in Nepal.

Muluki Civil Procedure Code, 2074

The procedure for commercial suits in the District Court, appeals, interim relief, and execution of judgments against assets.

Mediation Act, 2068

Provides for mediation, including referral by the court, as a quicker and confidential route to settlement.

Insolvency Act, 2063

Applies when the other side cannot pay, governing restructuring and liquidation of insolvent companies and the ranking of creditors.

Our approach, step by step

  1. Assess the dispute

    We review the contract, correspondence and evidence, and give an honest view on merits, cost, time and recoverability.

  2. Protect your position

    Preserve evidence, send the right notices and seek interim relief where assets or rights are at risk.

  3. Negotiate from strength

    A well-prepared claim often brings the other side to the table; we pursue settlement or mediation where it serves you.

  4. Arbitrate or litigate

    Full representation before arbitral tribunals and courts, including pleadings, evidence, witnesses and argument.

  5. Enforce the result

    Execution of judgments and awards against assets, and defence against attempts to set awards aside.

What is at stake

An unmanaged dispute can drain management time for years, freeze key assets, and, if parallel criminal complaints are mishandled, put directors' personal liberty at risk. Early strategy across every forum limits that damage.

Questions clients ask

Can an arbitral award be challenged in Nepal?

Only on limited grounds set out in the Arbitration Act, 2055, such as serious procedural defects or matters outside the tribunal's jurisdiction, by application to the High Court. An award is not reopened simply because a party disagrees with it.

Can a foreign arbitral award be enforced in Nepal?

Yes. Nepal is a party to the New York Convention, and qualifying foreign awards can be recognised and enforced through the Nepali courts, subject to the conditions of Nepali law.

The other side has filed a police complaint in our commercial dispute. What should we do?

Take it seriously and get criminal advice immediately. We coordinate the criminal defence with the commercial strategy so that statements and documents given in one forum do not harm you in the other.

General legal information for public awareness, not legal advice for your specific situation. Consult an advocate →

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