We possess market-leading expertise in successfully navigating the whole range of contentious and non-contentious commercial and corporate law issues in Nepal. We have acted on some of the most complex and several first-of-a-kind transactions and we regularly appear in the Supreme Court to argue commercial and corporate law issues. We utilise the experience of our advocates as fund supervisors, independent directors, and legislation advisors to provide pragmatic and comprehensive advice.
We have acted for leading national and international businesses including lenders, borrowers, sponsors, government agencies, financial institutions (national and international), funds (including mutual funds and private equity), and joint ventures. We have represented clients across a wide range of industries such as hydropower, telecommunications, infrastructure (including realty sectors), and food and beverage, in their most complex matters.
The breadth of our expertise includes debt and equity financing, national and international sale of goods and services, mergers and acquisitions (including minority stakes), initial public offerings, joint ventures, WTO law, agency law, funds documentation and regulation, banking instruments (including guarantees and negotiable instruments), infrastructure and telecommunications projects (financing, construction, and operation), hydropower projects (financing, construction and operation), insurance, employment contracts, non-disclosure agreements, product liability, vicarious liability, leasing, hire-purchase, licensing and taxation advice.
As a full service law firm, we regularly appear in the Supreme Court and High Courts to argue complex issues of commercial and corporate law. Particularly, our experience in the field of contractual remedies and stay proceedings has set several precedents in Nepalese courts. Our advocacy experience includes breach of contract, specific performance, injunctions, stay of proceedings, unjust enrichment, insolvency, shareholder disputes, civil fraud, commercial judicial review, director’s duties, possessory rights and charges, corporate crimes, and recovery of unpaid debt.
Representative Experience:
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We advised a leading international construction materials firm on every phase of an IPO for its Nepalese subsidiary, along with a subsequent NEPSE listing.
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We secured three important judgments for Nepal Water and Energy Development Company (NWEDC) in connection with its Upper Trishuli- 1 (216 MW) hydropower project that is financed by nine international banks including the IFC and ADB:
- We successfully stayed and dismissed the Commission for the Investigation of Abuse and Authority’s termination of NWEDC’s survey license (on grounds of legitimacy and validity) in the Supreme Court.
- We dismissed two Public Interest Litigations in the Supreme Court that challenged the validity of NWEDC’s licenses on various grounds including environmental survey inadequacy and incapability to deliver.
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We separately advised the Nepal Telecommunications Authority (telecommunications regulator) as well as a top telecommunications service operator on various network/distribution agreements, financing (debt and equity) contracts, consumer agreements, operation and management agreements, applicable regulation, and breach of contract litigation.
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We successfully represented a leading infrastructure firm in the Supreme Court by invalidating an international bidding process and a subsequently-issued license for a large telecommunications project on grounds of non-compliance with the Public Procurement Act 2063 (BS) and the associated Public Procurement Rules 2064 (BS).
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We advised Cambridge University Press and Oxford University Press on securing products against piracy and copyright infringement in Nepal.
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In one of the major FDI deals in Nepal, we advised the Nick Simons Institute on transferring funds into Nepal through FDI on a recurring basis to finance its philanthropic healthcare goals in Nepal.
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We advised a leading beverages company on the corporate, commercial, intellectual property and taxation issues of entering into a joint venture agreement with an international distributor.
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We represented an association of leading private organisations in the High Court to stay further action from government agencies that would unduly inhibit business in the Pashupati area in a highly sensitive and complex matter.
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We advised a top property developer on the acquisition of land, building permits, debt and equity financing, and consumer contracts in one of the first major residential property development projects in Nepal.
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We advised a top conglomerate on several first-of-a-kind transactions including international automobile dealership contracts, asset-based financing, purchase and lease of international goods and equipment, licensing of intellectual property, and financing options for consumers.
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We advised a leading construction firm on the corporate, commercial, intellectual property and tax aspects of entering into a joint venture agreement with another construction company to build an assigned project and bid for another lucrative project.
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We advised a top conglomerate on several first-of-a-kind transactions including international automobile dealership contracts, asset-based financing, purchase and lease of international goods and equipment, licensing of intellectual property, and financing options for consumers.
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We advised a leading construction firm on the corporate, commercial, intellectual property and tax aspects of entering into a joint venture agreement with another construction company to build an assigned project and bid for another lucrative project.
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We advised a top conglomerate on one of the largest Nepalese contracts for the purchase and sale of fertilisers and related structured financing agreements.
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In several first-of-a-kind deals, we represented a top music label and distributor in the registration, licensing, and purchase of literary, musical, and film intellectual property rights.
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We advised a major international film company on the sale of some of its film rights and licensing of its trademark to Nepalese distributors.
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We successfully obtained numerous stay orders (accumulating to over 5 years) in a seemingly hopeless situation where following the default of a loan, a leading bank treated realty as a Non-Banking Asset and asked to vacate the property under the loan recovery process.
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We advised a leading consumer goods firm on entering into multiple international agency contracts and successfully defended the firm in an implied authority dispute in the Supreme Court.
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We acted for a top businessman to secure his release from custody on a favourable cash bail in a highly politicised fraud charge.
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We advised a foreign insolvency professional regarding the enforcement of a foreign liquidation judgment against a company and individual's Nepalese assets following foreign involuntary insolvency proceedings.
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We advised a leading residential housing developer in the course of preparing a creditor-approved restructuring plan involving liquidity issues arising out of a construction project.
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We successfully defended a large recycling company in the High Court from a vicarious liability claim stemming from an employee’s road accident.
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We successfully defended a leading foods and beverages company, pharmaceuticals firm and schools from several unfair dismissal claim in the Labour Court and successfully secured compensation for theft/other misconduct conducted during employment.
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We advised a leading technology firm in relation to international contracts for website hosting and bandwidth agreements.
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We represented a leading consumer goods firm in the Supreme Court to enforce liens and charges emanating from different contracts with the same counterparty, forming a landmark judgment.
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We successfully represented several leading businessmen in complex shareholder-company disputes in the Supreme Court and High Court including joint venture agreement disputes, minority shareholder rights, challenging corporate/director decisions, and enforcement of company’s articles.
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We have advised the leading insurance companies on the drafting of complex personal and commercial insurance. We also have a record of successfully representing insurance firms and beneficiaries in insurance claims in the appellate courts.
