Published Date: 2021-08-09, Monday
Kathmandu University School of Law - KUSL in collaboration with Nepal International ADR Center - NIAC hosted a lecture series on “Construction Dispute Resolution: Importance and Challenges in Nepal” along with discussion on the topic with multidisciplinary participants.
The program focused on the need for a specialized and research-based construction law in Nepal, possible rooms for dispute, scope of hybrid dispute resolution used in Nepal, and lessons from the UK experience. The issue was delivered by Dr. Yog Upadhyay, construction law expert from the UK and was followed by discussion and interaction from participants from Nepal and beyond. Participants shed light on some of the pertinent challenges in construction law from the Nepal perspective. Nepal has been facing terrible delays in construction and no efficient remedy has been sorted so far. After the lecture delivery and interaction on the issue, participants unanimously pointed out the gaps in the Nepalese legal regime for a consolidated construction law.
Experts and experienced engineers, Senior Lawyers, high ranking officials from the government like Secretory of the Ministry of Law, Justice and Parliamentary Affairs Mr. Uday Raj Sapkota, Dr. Tara Niraula and other participants including the presenter Dr. Upadhyay himself urged to address the need for research and policy advocacy for consolidated legislation. Former Secretary-General of the Nepal Engineers Association Mr. Kishore K. Jha also focused on the need for a well synthesized law. KUSL faculty including Dean Prof. Dr. Rishikesh Wagle, Former Dean of KUSL Prof. Dr. Bipin Adhikari, Mr. Anup Raj Acharya, Mr. Madhab Ghimire, Mr. Shiva Bisangkhe, also participated in the program.
The event was a great learning experience for students of Alternative Dispute Resolution at KUSL. There were international participants from Asia Pacific Center for Arbitration and Mediation - APCAM such as Mr. Anil Xavier, Dr. Rajesh Sharma, Fahmi Shahab, and so on. The dignitaries from APCAM also expressed they thoroughly enjoyed the lecture and collectively pointed towards legislative framework development in construction law to be the way forward for Nepal's growth and development.
Legal and construction luminaries from Nepal such as President of Nepal Bar Association Mr. Chandeshwor Shrestha, Secretary of Supreme Court Bar Association Rishi Ram Ghimire, Former Chief Judge Hon. Keshari Raj Pandit and Mr. Hari Pokharel and various corporate lawyers, professional engineers and students graced the program with their presence and focused on the needs of consolidated construction law. Prof. Dr. Rishikesh Wagle, Dean of Kathmandu University School of Law summed up the program with his agreement on the need for extensive research in the construction law regime and Senior Advocate Mr. Matrika Niraula focused on the pertinent need for a consolidated law. Dr Mukti Rijal, the Chairperson of NIAC concluded the program with his best wishes to NIAC and to Kathmandu University School of Law - KUSL. Executive Officer of NIAC, Ms. Shreya Nepal coordinated the event and was the emcee of the program.