Dispute resolution—Nepal—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Nepal—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Nepal—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Nepal published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Neupane Law Associates—Anjan Neupane

1. What is the structure of the civil court system?

The Nepalese courts are divided into three tiers:

  1. the Supreme Court;

  2. the high courts; and

  3. the district courts.

There are also specialised courts and tribunals (eg, the Labour Court, the Revenue Tribunal, the Debt Recovery Tribunal and Special Court), which are considered to be in the same tier as the high courts.

The Supreme Court is the highest court and is responsible for:

  1. hearing appeals of lower-court judgments;

  2. revising its own judgments; and

  3. issuing writs to enforce fundamental rights and provide judicial remedy when alternative remedies are exhausted or insufficient.

Supreme Court judgments are binding judicial precedents. The constitutional bench of the Supreme Court comprises the chief justice and four judges appointed by the chief justice. It hears:

  1. cases concerning the constitutionality of laws;

  2. disputes involving constitutional questions; and

  3. disputes between provinces, and federation and provinces.

The Supreme Court will sit as a single-judge bench, a joint bench of two judges, a full division bench of three judges or an extended full bench comprising five or more judges. Judgments made by benches comprising a greater number of judges will be binding on benches

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