Nepal International ADR Center – NIAC

Nepal International ADR Center (NIAC) is an alternative dispute resolution service center established in 2013 by a group of multidisciplinary experts including jurists, senior lawyers, management experts, senior engineers, arbitrators, mediators, academicians and chartered accountants. It was restructured in 2020 as a not for profit entity. It enjoys a wide mandate and scope of work which draw on the Charter of its Incorporation. It delivers domestic as well as cross border and international commercial dispute resolution services using arbitration and mediation as well as their combined forms like med-arb, arb-med and so on while continuously keeping a focus on knowledge development and capacity building. A mediation focused service facility with the banner of Kathmandu Commercial Mediation Center (KCMC) operates under the purview of NIAC to deliver commercial mediation services. NIAC has its own set of Arbitration and Mediation rules devised in line with UNCITRAL Model Rules. As a setup with aforementioned attributes, NIAC is an able and committed ADR center that provides accessible and credible dispute resolution service.

Former US Chief Justice Warren E. Burger had once mentioned, “Traditional trial systems are too costly, too painful, too destructive, and too inefficient for truly civilized people.” Hence, there is a need to innovate and change the traditional adversarial paradigm into an amicable and non-hostile resolution with recourse to Arbitration and Mediation.

On the 6th of August 2020, NIAC along with nine Dispute Resolution institutes from countries in the Asia-Pacific region founded a transnational Arbitration and Mediation centre aptly named as “Asia Pacific Centre for Arbitration and Mediation (APCAM)”.

As a constituent member of APCAM, NIAC offers arbitration and mediation services to national as well as the international commercial community for resolving domestic and cross border disputes under the aegis of NIAC and APCAM. APCAM members adopt a single set of arbitration and mediation rules and neutrals accreditation system ensuring standardized and competent professionalized services to the business community and other service seekers in all member nations.

It is expected to contribute to develop Nepal, a land linked with two larger and dynamic economies; India and China, into a convenient and coveted hub for commercial dispute resolution services.

Nepal, as a member of the United Nations (UN), World Trade Organization (WTO), and other international institutions have acceded to and endorsed various international instruments relating to public and private International Law. It has accepted the UNCITRAL model on contract and arbitration law. Nepal has also endorsed the Convention on the Recognition and Enforcement of Foreign Arbitral Awards – the New York Convention 1958.

Nepal has enacted and amended some of its domestic laws with a view to promote and strengthen Dispute Resolution practices in the country. For example, Contract Act 2000, Arbitration Act 1999, Company Act 2006, Foreign Investment and Technology Transfer Act 1992 et al. In addition to that, the country has enacted the Mediation Act 2011 as umbrella legislation with a view to enhance and promote mediation for the amicable resolution of contractual, community and court referred/annexed disputes.

Nepal has always held its identity as a peace-loving nation situated at a strategically important location between two dominant economic powers- India and China. NIAC is thus poised to offer a neutral venue where the contesting parties could come for an amicable settlement of their disputes. Nepal possesses diverse natural wonders such as the majestic mountains Mt Everest, Mt, Machhapuchhre, Mt.Annapurna, Mt Kanchanjungha, etc., lakes such as Shey Phoksundo, Rara, Phewa, and meditative luxuriant forests in and around the Kathmandu valley. Nepal is culturally rich since both the Hindus and the Buddhists revere this nation for hosting their sacred places of worship like Pashupatinath, Muktinath, Lumbini, and so on.

This natural and cultural heritage offers a solemn attraction for investors and entrepreneurs with NIAC positioned firmly to make Arbitration and Mediation services available to help resolve domestic and cross-border disputes. NIAC’s affiliation with APCAM adds a new dimension in enlarging the scope and adding quality in the management and delivery of Arbitration and Mediation services.

NIAC – When you opt for NIAC mediation or arbitration, you enjoy the benefit of resolving disputes in any of the constituent member countries under a single system with administering centres in all countries, in a systematic way of conducting the proceedings and good administrative control over the same!