Nepal International ADR Center – NIAC
Nepal International ADR Center (NIAC) was established in 2013 as a non-government organization and continued to carry out its mandate before it was incorporated into a corporate entity recently on the same name with the purpose to deliver Alternative Dispute Resolution (ADR) service with special focus on arbitration and mediation. The Centre offers services for the resolution of domestic and cross border commercial disputes apart from carrying out activities in enhancing knowledge, capacity, and skills in mediation and arbitration. The center is conceptualized as a forum not only to offer mediation and arbitration services but also to engage in creating, enhancing, and applying knowledge and skills in ADR.
Former US Chief Justice Warren E. Burgerhad once mentioned that 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 mediation and arbitration.
On the 6th of August 2020, NIAC along with nine ADR institutes from the countries especially in the Asia-Pacific region founded a transnational Arbitration and Mediation center named “Asia Pacific Center for Arbitration and Mediation (APCAM).
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 the domestic laws with a view to promote and strengthen ADR practices in the country. For example, the Contract Act 2000, the Arbitration Act 1999, the Company act 2006, the Foreign Investment and Technology Transfer Act 1992, et al are some of them. 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 like 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 the sacred 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 mediation and arbitration services available to help resolve domestic and cross-national disputes. NIAC’s affiliation with APCAM adds a new dimension in enlarging the scope and adding quality in the management and delivery of mediation and arbitration 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!
Credible and recognized International center to offer ADR knowledge and services with a focus on arbitration and mediation in Nepal.
NIAC offers ADR services with a focus on mediation and arbitration and develops into a reputed ADR Capacity Development Centre.
- To work towards fulfilling the needs and demands for an effective ADR service center in Nepal.
- To offer reliable arbitration and mediation services in Nepal in conformity with the standards of the Asia Pacific Centre for Arbitration and Mediation-APCAM.
- To undertake capacity development through training, seminars, workshops, conference in different aspects of ADR with a particular focus on arbitration and mediation.
- To work as a trusted center for Arbitration and Mediation services in resolving domestic and cross borders or transnational disputes.
- To conduct research and publish newsletters, journals, primers, and manuals regarding ADR with a particular focus on capacity development on mediation and arbitration.
- To build and foster a partnership with local, provincial, national, and international institutions and agencies for ADR promotion and development.
- To provide dispute resolution services under the banner of Kathmandu Commercial Mediation Centre (KCMC)
- Education, Communication, and documentation
- ADR Service and Facilities
- Advocacy for ADR policy and Practice
- Capacity building & empowerment
- Partnership and Collaboration
- Action Learning & Research