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Dispute Resolution

We offer dispute resolution service with diligence and utmost care of the Client's interest.

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At Infinity & Partners, we offer comprehensive dispute resolution services encompassing both litigation and arbitration.

Litigation

Litigation remains one of the most prevalent methods of dispute resolution in Nepal, encompassing corporate, commercial, transactional, and family disputes. Despite its commonality, the litigation process in Nepal is often challenging, involving intricate procedures, time-consuming processes, and substantial costs. The judiciary exercises general jurisdiction, with specialized commercial matters adjudicated by the commercial benches of the High Courts.

At Infinity & Partners, we offer comprehensive litigation services across a wide range of legal issues, integrating deep expertise in commercial, administrative, and constitutional matters. With a proven track record of representing clients in all tiers of the Nepalese judiciary, our team delivers strategic, thoroughly researched, and effective advocacy in complex disputes. Our litigation services include:

  • Drafting and preparation of essential court documents, including powers of attorney, claims, counterclaims, responses, court briefs, pleading notes, appeals, and writ petitions.
  • Representation in jail-bail hearings, witness examinations, cross-examinations, and all stages of court hearings, including preliminary, interim, and interlocutory order proceedings.
  • Conducting oral submissions before the courts and handling appeals in higher courts.
  • Enforcement of court judgments and orders.
  • Representation in commercial litigation, addressing disputes related to corporate governance, shareholder rights, breach of contract, contract enforcement, tax litigation, financial disputes, foreign investment disputes, and the recognition and enforcement of arbitral awards.
  • Providing legal counsel in administrative law matters, including petitions against regulatory decisions, anti-corruption and bribery litigation, and challenges to unconstitutional laws or administrative actions.
  • Specializing in constitutional litigation, particularly in protecting civil and fundamental rights, through the drafting and filing of writ petitions (certiorari, mandamus, prohibition, quo warranto, habeas corpus).

Arbitration

Arbitration as a method of dispute resolution has gained increasing relevance in Nepal, particularly in cases involving foreign entities, where contracts often include separate arbitration agreements. The Arbitration Act, 1999, of Nepal, is aligned with the UNCITRAL Arbitration Rules, and Nepal is a signatory to the New York Convention on the Enforcement of Foreign Arbitral Awards.

At Infinity & Partners, we offer expert legal representation and advisory services in both domestic and international arbitration. Our team has extensive experience in arguing before arbitral tribunals and handling complex arbitration-related matters. Our comprehensive arbitration services include:

  • Initiation of arbitration proceedings, including the drafting of claims and counterclaims.
  • Legal representation in court actions challenging illegal arbitration proceedings, counterclaims, and appeals.
  • Legal advice on the enforcement of foreign arbitral awards, ensuring compliance with international conventions and domestic laws.
  • Translation and facilitation of applications for the enforcement of arbitral awards.
  • Advisory on the legal framework of Nepal in the context of international arbitration, particularly where Nepalese law is the governing law.
  • Expert guidance on conflict of law rules and their implications in arbitration.


Practice Areas

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Business Law

Infinity & Partners offers comprehensive corporate governance support in Nepal, focusing on corporate compliance, education law, employment law, foreign investment, infrastructure, information technology, intellectual property, private equity, and taxation. Our services include regulatory compliance, legal advisory for educational institutions, foreign investment facilitation, tax dispute management, and guidance for infrastructure projects and private equity ventures.
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Legal Reform

Infinity & Partners offers expert legal reform advisory in Nepal, specializing in commercial law, law drafting, policy development, and regulatory alignment with global best practices for government and local authorities.
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Civil Law

Infinity & Partners offers comprehensive legal services in Nepal, specializing in civil law, family law, and real estate law under the Muluki Civil Code, 2018. Our expertise includes contract disputes, marriage registration, property division, and land acquisition, ensuring clients navigate the legal landscape effectively.

Recent Insights

Dispute resolution / litigation
Oct 30, 2024
Case Analysis: Large Taxpayers Office vs. United Spirits Nepal
This case brief covers a tax litigation appeal filed by the Large Taxpayers Office against United Spirits Nepal Pvt. Ltd., challenging deductions claimed for promotional and other business expenses. The Supreme Court ruled to uphold most of the Revenue Tribunal's decision favoring the taxpayer, except for certain promotional expenses deemed unrelated to income generation. This judgment highlights compliance requirements for tax deductions and the importance of formal approvals for associated business expenses.
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Business Law / Foreign Investment
Oct 29, 2024
Guide to Foreign Loan Regulations in Nepal
This guide provides an overview of Nepal’s Central Bank by-laws regarding foreign loans. It covers the regulations, eligibility criteria, borrowing limits, procedural requirements, and other essential information for companies and individuals looking to secure foreign loans.
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Dispute resolution / litigation
Oct 29, 2024
Case Analysis: Adv. Bigyan vs. Government of Nepal
This case analysis discusses the Supreme Court's ruling in Adv. Bigyan vs. Government of Nepal, where environmental concerns and policy-making intersected with national development interests. The Court's decision reflects on sustainable development, balancing conservation with infrastructure needs.
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