- April 12, 2021
- Posted by: Shreya Nepal
“Accessible and Credible Arbitration and Mediation Forum in the Asia-Pacific Region”
Background and Introduction
Alternative Dispute Resolution (ADR) is the method of resolving disputes without resorting to litigation and staying under the purview of prevailing law. ADR is capable of ensuring justice to families, corporations and even governments reeling from disputes. Most widely regarded forms of ADR include Arbitration and Mediation.
Chief Justice Berger of the United States once said, “Our litigation system is too costly, too painful, too destructive, too inefficient for a truly civilized people.”
As the growing world-wide trend suggests, court litigation is a thing of the past. Today, almost all successful businesses and corporations prefer arbitration and mediation instead of going to court to settle their disputes. Because of the specialized nature of ADR, Arbitration and Mediation, as a process, save time, money and relationship of the parties compared to regular court proceedings. Also, its universally binding nature makes Arbitration a safe and reliable option to settle disputes.
Nepal being a party to the The New York Convention 1958 which is signed by 163 countries around the world, the award from Arbitration is legally binding all over those countries. So, to avail the limited jurisdiction in those 163 countries which saves time, money, avoids stress and helps businesses expand overseas with a sense of security, businesses all over the world are opting for Arbitration as the go-to method of dispute resolution.
Nepal is in the pathway of economic growth and development. We require indefinite foreign investment in order to facilitate our development. Every investor requires an accessible and credible dispute resolution center in Nepal. Dispute resolution through court or Arbitration at foreign venues is not an advisable route to take. That is why, Nepal International ADR Center (NIAC) has been established to provide accessible and credible alternative dispute resolution services to those seeking justice.
Nepal International ADR Center (NIAC) was established in 2020 and is giving life to the dream vision held by a group of Arbitration and Mediation enthusiasts since the last decade. With the aim to provide quality Arbitration and Mediation service to investors, businesspersons, corporations, industries and so on we are working on improving the ADR atmosphere in Nepal.
The Center offers services for the resolution of domestic and international commercial disputes apart from carrying out activities in enhancing knowledge, capacity, and skills in Arbitration and Mediation. The center is conceptualized as a forum not only to offer Arbitration and Mediation services but also to engage in creating, enhancing, and applying knowledge and skills in ADR.
Every domestic institution working for Mediation and Arbitration requires international collaborations to work effectively and well. NIAC is a founding member of the Asia Pacific Center for Arbitration and Mediation – APCAM. APCAM is an international Arbitration and Mediation center. It caters the requirement of international and cross-border business disputes, by Mediation or Arbitration under a single set of Mediation and Arbitration Rules and with a uniform fee structure in about ten countries. It has a common Roster of Neutrals which parties can pick from. Many of our founder members are also empaneled in the APCAM Roster of Neutrals as International Arbitrators and Mediators.
NIAC is actively organizing interactions, meetings and seminars with stakeholders in the business, legal and corporate sector who can assist NIAC in making Arbitration and Mediation accessible for all in Nepal. We are also focusing on offering training and workshops on Arbitration and Mediation as needed to interested participants. We have a specialized Kathmandu Commercial Mediation Center – KCMC as part of NIAC’s focus on Mediation cases in Nepal. It deals specifically with family, domestic, and property disputes along with corporate and commercial disputes.
In today’s day and age, it is imperative for arbitration institutions to pair up with other like-minded institutions and establishments for greater reach and results. Thus, NIAC is looking for active collaborations with Corporate Entities, Federations, et al who can benefit from work with NIAC. NIAC has access to an international institutional framework and a robust team in Arbitration and Mediation. We welcome organizations and agencies which wish to tap into these resources and grow together on certain avenues.
· To provide accessible and credible alternative dispute resolution services
· To offer reliable Arbitration and Mediation services in Nepal in collaboration with the Asia Pacific Centre for Arbitration and Mediation-APCAM
· To undertake capacity development for all stakeholders through training, seminars, workshops, conferences in arbitration and mediation
· 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, government, FNCCI, Banking and Financial Sectors, and agencies for ADR promotion and development
· To provide commercial mediation services under the banner of Kathmandu Commercial Mediation Centre (KCMC)
- Education, Communication, and documentation
- Arbitration and Mediation Services
- Advocacy for ADR policy and Practice
- Capacity building & Empowerment
- Partnership and Collaboration
- Action Learning & Research
NIAC wishes to develop Nepal as a leading hub for domestic as well as international dispute resolution. We have already expanded our outreach in the Asia Pacific region with association with Asia Pacific Center for Arbitration and Mediation (APCAM) and Beijing Zhizhong International.
- On 6th August 2020, NIAC in collaboration with eight other Arbitration And Mediation institutes of the Asia-Pacific Region founded the Asia Pacific Center for Arbitration and Mediation – APCAM. APCAM is an International ADR Center which caters to the requirement of international and cross-border business disputes, and helps the business community to resolve their international commercial and business disputes by Arbitration and Mediation under a single set of Mediation and Arbitration Rules and with a uniform fee structure in all the member countries. Being the Nepal Chapter of APCAM, NIAC is resolved to solving cross-border disputes with the APCAM Rules of Arbitration and Mediation.
- NIAC has signed a Memorandum of Understanding MoU with Beijing Zhizhong Technology Limited, a dedicated and professional Internet Arbitration service provider. Zhizhong is interested in promoting arbitration activities worldwide and has been interested to collaborate with NIAC for the said purpose. NIAC has been interested in Zhizhong’s work in the field of international arbitration and its vast network of arbitration institutions.
- Chairperson – Dr. Mukti Rijal, Mediation Scholar and Mediator, APCAM certified International Mediator and Arbitrator, Former Editor of The Rising Nepal
- Director – Hon. Mr. Keshari Raj Pandit, Former Chief Judge of the High Court of Nepal, Advisory Board Member, APCAM, APCAM certified International Mediator
- Director – Mr. Binod Prasad Sharma, Former Judge of the District Court of Nepal, APCAM certified Arbitrator
- Director – Mr. Rajendra Giri, Arbitrator, Management Scholar and Consultant, Honorary Consul of the Republic of Ethiopia
- Director -Ms. Suneeta Regmi, Senior Advocate, APCAM certified Mediator, Faculty at Chakrabarti Habi College of Law
- Director -Mr. Thakur Prasad Adhikari, Chartered Accountant and Management Professional
- Managing Director – Mr. Matrika Prasad Niraula, Senior Advocate, Board Member – APCAM, APCAM certified International Arbitrator
Location: Pragati Marga -2, Hanumansthan, Anamnagar, Kathmandu-29.