Lecture and Discussion on “Construction Dispute Resolution: Importance and Challenges in Nepal”

On the occasion of the first anniversary of Asia Pacific Center for Arbitration and Mediation – APCAM, Nepal International ADR Center – NIAC in collaboration with Kathmandu University School of Law – KUSL hosted a lecture series on “Construction Dispute Resolution: Importance and Challenges in Nepal” along with discussion on the topic with multidisciplinary participants.  

The program focused on the need for a specialized and research-based construction law in Nepal, possible rooms for dispute, scope of hybrid dispute resolution used in Nepal, and lessons from the UK experience. The issue was delivered by Dr. Yog Upadhyay, construction law expert from the UK, and was followed by discussion and interaction from participants from Nepal and beyond. Participants shed light on some of the pertinent challenges in construction law from the Nepal perspective. Nepal has been facing terrible delays in construction and no efficient remedy has been sorted so far.  After the lecture delivery and interaction on the issue, participants unanimously pointed out the gaps in the Nepalese legal regime for a consolidated construction law.

Experts and experienced engineers, Senior Lawyers, high ranking officials from the government like Secretory of the Ministry of Law, Justice and Parliamentary Affairs Mr. Uday Raj Sapkota, Prof. Dr. Bipin Adhikari, Prof. Dr. Rishikesh Wagle, Dr. Tara Niraula and other participants including the presenter Dr. Upadhyay himself urged to address the need for research and policy advocacy for consolidated legislation. Former Secretary-General of the Nepal Engineers Association Mr. Kishore K. Jha also focused on the need for a well synthesized law.

The latter half of the program was switched to the APCAM Anniversary function.  APCAM board members virtually shared congratulatory messages to APCAM members and all participants on the occasion of the first anniversary. Sharing his message, APCAM President Mr. Anil Xavier congratulated all and offered his best wishes for the successful first year at APCAM. Secretary General of APCAM Mr. Fahmi Shahab congratulated NIAC for organizing a niche program for the construction industry and suggested that now all parties should be encouraged to form a dispute board at the start of the project for conflict avoidance and resolving. Accreditation Committee member of APCAM Dr. Rajesh Sharma spoke at length about the importance of the grand and intellectual lecture series organized by NIAC on the occasion of APCAM’s anniversary. The dignitaries from APCAM also expressed they thoroughly enjoyed the lecture and collectively pointed towards legislative framework development in construction law to be the way forward for Nepal’s growth and development. APCAM Advisor Justice Keshari Raj Pandit congratulated all participants and expressed his hope to develop an ADR system in all member institutions under the leadership of APCAM.

Legal and construction luminaries from Nepal such as President of Nepal Bar Council Mr. Chandeshwor Shrestha, Secretary of Nepal Bar Association Rishi Ram Ghimire, Former Chief Judge Hon. Keshari Raj Pandit and Mr. Hari Pokharel and various corporate lawyers, professional engineers and students graced the program with their presence and focused on the needs of consolidated construction law.  Prof. Dr. Rishikesh Wagle, Dean of Kathmandu University School of Law summed up the program with his agreement on the need for extensive research in the construction law regime and NIAC Managing Director Mr. Matrika Niraula focused on the imperative need for a consolidated law. Dr Mukti Rijal, the Chairperson of NIAC concluded the program with his best wishes to NIAC, APCAM and to Kathmandu University School of Law – KUSL. Executive Officer of NIAC, Ms. Shreya Nepal coordinated the event and was the emcee of the program.

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