Arbitration & Alternative Dispute Resolution

“Resolving high‑value disputes with precision and strategy.”

Arbitration has become the dominant mechanism for resolving high‑value commercial, public procurement, and infrastructure disputes in Nepal. Its confidentiality, the ability to select arbitrators with relevant technical expertise, and the enforceability of awards under the New York Convention make it the preferred forum for disputes that matter most.

Kiran Paudel is one of Nepal’s most experienced arbitration practitioners, with over 400 arbitration proceedings including ICC, UNCITRAL, and SIAC arbitrations, and a PhD research focus on pre‑arbitration mechanisms in infrastructure contracts. Combined with our firm’s command of substantive law in construction, energy, taxation, corporate, and banking, Wisdom Law Associates is the natural choice for clients facing arbitration proceedings of consequence.

Comprehensive Arbitration Services

We operate across the full spectrum of arbitral forums and rules:

• Domestic arbitration under the Arbitration Act 2055.
• Institutional arbitration under ICC, UNCITRAL, SIAC, and others.
• Ad hoc arbitrations under Nepal Council of Arbitration (NEPCA) and Dispute Resolution Center Nepal (DRCN) rules, often arising from FIDIC contracts.
• Advisory on arbitral clause drafting, forum and seat selection, enforcement, and challenges before Nepal’s courts.

What distinguishes us is the entirety of our service: we manage the process from the earliest pre‑arbitral steps through proceedings to enforcement or defence of awards.

Pre-Arbitral Process

The pre‑arbitral phase often shapes the entire dispute. We advise on:

• Framing claims and issuing notices.
• Managing contractual dispute resolution preconditions.
• Preserving positions during settlement negotiations.
• Strategic decisions on timing, forum, and seat.
• Multi‑tiered clauses (engineer’s decision, DAB/DAAB, amicable settlement, arbitration).

For FIDIC contracts, we manage claims notification, engineer’s determinations, and DAB/DAAB proceedings with precision to preserve rights and build the evidentiary record.

Tribunal Constitution

The choice of arbitrators shapes everything that follows. We advise on:

• Nomination of arbitrators in domestic and international proceedings.
• Applications to the High Court under the Arbitration Act 2055 where parties fail to agree.
• Challenges to appointments on grounds of impartiality, independence, or qualification.

Arbitral Proceedings

We manage the full conduct of proceedings:

• Drafting Statements of Claim, Defence, Counterclaims, Replies, and Rejoinders.
• Document production and disclosure management.
• Preparation of witness statements and expert evidence.
• Oral hearing advocacy and submissions.
• Post‑hearing briefs and closing submissions.

Every pleading is prepared as a complete, persuasive legal document, anticipating opposing arguments and engaging with evidence to build the strongest case.

Post‑Arbitral Process

The conclusion of hearings is not the end. We advise on:

• Enforcement of awards through District Court execution.
• Tracing and attachment of debtor assets.
• Challenges to adverse awards before the High Court (jurisdiction, irregularity, public policy).
• Defence of awards challenged by opposing parties.

Why Wisdom Law Associates

Our arbitration practice is defined by:

• Depth of expertise — over 400 proceedings across ICC, SIAC, UNCITRAL, and domestic forums.
• Integrated service — from pre‑arbitral strategy to enforcement.
• Sectoral command — construction, energy, procurement, corporate, tax, and banking.
• International standard delivery — trusted by global contractors, lenders, and institutions.

For clients navigating Nepal’s most complex disputes, Wisdom Law Associates is the natural choice for arbitration and ADR.