EDUCATION :
LL.M, Class of 98, (Fulbright), (Corporate law)Columbia University, USA
LL.M, Class of 86, (gold medalist), (Constitution law) Delhi University, India
LL.B, Class of 83 (First class) Delhi University, India
B.A (Hons) Class of 80 (Second class) Delhi University, India
AFFILIATIONS :
Vice President Saarclaw
Board Member, Nepal Law Society
Member, Supreme Court Bar Association
Supervisor, Sunrise Mutual Fund
GENERAL INTRODUCTION:
Practicing lawyer for last 30 years in the field of Corporate, Banking, telecommunication, Foreign Investment, Insurance, Arbitration, Civil Aviation, Hydro Power, Construction, Constitution and Civil matters in different courts. Also provides special services to major commercial banks of Nepal, Nepal Rashtra Bank, corporations, government agencies, foreign investors and international traders in the matters related to banking, anti-corruption cases, employment, investment, trade and related matters. Has the experience of handling more than five hundred court cases in the matters related to corporate law. .
WORKSHOPS AND SEMINARS:
Prepared training material and provided training to commercial lawyers of Nepal on Letter of Credit Transactions; Organized by Bar Council of Nepal. 2000
Critique on Corporate Governance in State Owned Enterprises, Kathmandu, 16th April, 1999. Organized by Adam Smith Institute, London, for MOF/HMG.
Lecture on Reform in Corporate Law of UK and the Europe (with special focus on European Community Directives), co-lectured by Prof. Mads Andenas, Director of the Center of European Law, Kings College London. (Kathmandu, Faculty of Law, TU)
"Company, Bankruptcy and Secured Transaction Law", Seminar and Orientation, 26th November 2000, Focal Point for Financial Sector Reform, Corporate and Financial Governance Project, Ministry of Finance, HMG.
"The Constitutional Role of Courts in Nepal: Recent Developments" 2000
Talk program delivered in Nottingham University, UK
Presented a working paper on "Rational and Significance of Law Relating to Political Parties", organized by International Commission of Jurists/Nepal Section, Jan 1999.
"Constitutionalism and Parliamentary Process in Nepal : Challenges and Prospects" A paper presented in national workshop conducted CNAS/TU/B.P.Foundation. Jan, 1995.
LEGAL SERVICES:
Standing legal advisor to CAAN and project team on the dispute related to termination of contract with Constructura Sanjose SA (ADB funded Airport Expansion Project) Handled all the cases successfully at the level of district court, High Court and taking up matters in process of international arbitration.
Worked as Legal advisor to UNDP on matters related to poverty alleviation fund, SAPAP, SCDP, LTF etc dealing with rural development and micro-credit.
Worked as Legal consultant and advisor to project financing deal for Dr. Iwamura Memorial Hospital and Research Center (IMHARC) Kathmandu.
Worked as Legal Advisor to Rashtriya Banijya Bank for following international cases:
Civil suit no 7902, US District Court, New York/ Breach of Contract and Fraud on Import of urea by Agriculture Input Corporation, HMG
Civil suit against RBB by Salonij Fashion Industries/ L.C. payment from issueing bank
Worked as Legal Advisor to Trimuti Garments/ Non payment of Bills under Letter of Credit by the party in New York.
Worked as Legal Advisor to Nepal Construction Consultancy: Incorporation of company/ activity: export of engineering and design service to clients in Japan through computer network (auto cad).
Worked as Legal Advisor to Khimti Hydro Power Project for Project Agreement negotiation, Power Purchase Contract with NEA, Procurement of water rights, project financing, Loan Agreement.
Worked as Consulting Legal Advisor to Lyse Produksjon (Norway) for Indrawati Hydro Power Project NHPC for Joint Venture Agreement Renegotiation and Repatriation of Proceeds.
Worked as Consulting Legal Advisor to ATR, France for aircraft lease, lease purchase and registration.
Worked as Standing Sr. Legal Advisor to Royal Nepal Airlines Corporation for more than 10 years
Worked as Standing Sr. Legal Advisor to Kathmandu Valley Mapping Program (European Union).
Worked as Standing Legal Advisor to Rashtriya Banijya Bank, Nepal SBI Bank, Standard Chartered Bank of Nepal, Sunrise Bank, Civil Bank, Century Bank on the matters related to international trade and business payments, Letter of Credit payments and project financing.
National Consultant and team member of the UNDP Mission to Nepal on TA for Strengthening the Rule of Law and Reforming the Judicial System in Nepal. September 28th to October 18th, 1999.
Presented experts opinion to the Finance Committee on the policy issue of MP Budget allocation, House of Representative, (August 1993).
Practicing advocate in Supreme Court of Nepal, 1986 onward. Served as a junior advocate of Mr.Motikazi Sthapit,Sr.Advocate/Attorney General of Nepal, 1986-88. Experience of independently handling more than hundred and fifty major corporate cases and several other civil cases. Civil cases included three major constitutional cases (including dissolution of parliament) and one environmental case (Godawari) of national importance.
ARBITRATION:
1. Rachna Consulting Architects and Engineers et all v. Nepal Rashtra Bank (Arbitrator)
2. Mercantile Traders Pvt Ltd v. Nepal Rashtra Bank, (Arbitrator)
3. Represented Nepal Airlines Corporation in four arbitration proceedings involving its claim amounting more than 5 crore against its sales agents Panorama Travels Pvt ltd. Co, Harati Travels Pvt ltd. co., Lalitpur Travels Pvt ltd. Co, Kasturi Travels Pvt ltd. Co, Muktinath Travels Pvt ltd. Co, (Counsel for Respondent)
4. Infotech vs. Nepal Rashtra Bank, 5. Nepal Rashtra Bank vs Mercantile co pvt Ltd., EWES vs. ;British School Nepal, (Counsel for Claimant)
5. IME v. Global Remittance Israel, (Arbitrator)
6. Ace Development Bank vs. SN power, (Counsel for Claimant)
7. EWES v. Ashwin Medical College Hospital, (Counsel for Claimant)
8. Agriculture Input Company v. B.T Nirma, (Counsel for Respondent)
9. NLIC v. Lama Construction, (Counsel for Respondent)
10. AICL v. Indian Potash Ltd. International Arbitration handled by Permanent Court of Arbitration Hague, (Counsel for Respondent)
11. Handled more than ten cases in Appellate Court/Supreme Court challenging the arbitration award under correctional jurisdiction on the basis of collateral grounds.
12. San Jose Constructura ltd v. Air Transport Capacity Enhacement Project/CAAN, Dispute Board) running case. , (Counsel for Respondent)
13. Himal Hydro v. Bakratunda Hydro Power Project ltd. (Arbitrator)
14. Nepal Jaycees v. Sunita Construction Company Pvt Ltd., (Counsel for Claimant)
15. NCELL v. Krishna Tower Pvt Ltd., (Arbitrator)
16. NEA v. Mainawati construction ltd., (Arbitrator)
17. Soaltee Crowne Plaza vs. Recreation Pvt Ltd. , (Arbitrator)
18. Mahadev Khimti vs. CLPIU, Counsel for Claimant.
DRAFTING:
Local Self Government Laws, UNDP/NPC/MLD 2048 B.S.
Rural Water Supply and Sanitation Fund Board Formation Order, 1993, World Bank. Ancient Monument Preservation Bill /UDLE. Urban Development Bank Bill, UDLE / Town Development Fund Board; Environment Protection Council Act, Revision for EPC/NPC/HMG
PROJECTS:
Improvement of Disclosures and Corporate Governance, 2000
TA 3136-NEP ADB Manila, Status: Domestic companies/corporate law expert.
Tasks assigned include review of the relevant laws, field research, institutional review, preparation of action plan for reform in corporate governance.
Decentralization Project Peer Review, 2000
UNDP managed, DANIDA component.
Team leader for the review and evaluation of DANIDA decentralization project.
Code of Conduct for the Civil Servants of Nepal, 1999,
Implemented by Reliance Law Firm, Funded by NDI, USA
Position: Team Leader. (Activities: identification of behavioral and attitudinal problems in day to day functioning of bureaucracy, preparation of model code of conduct for civil servants, designing institutional and legal framework for the enforcement of code of conduct)
"Legal Framework for Nepal Poverty Alleviation Fund" 1999 Implemented by UNDP Nepal
Position: legal consultant. Tasks assigned include review of the relevant laws, field research, institutional review, preparation of institutional and legal framework for establishment of Nepal Poverty Alleviation Fund.
Study on Creation of Sole Authority for the Overall Management and Control of the World Heritage Sites Monument Zones, 1999,
Contracted by UDLE/GTZ/DOA
Position: Team Leader. Tasks assigned include review of the relevant laws, field research, institutional review, preparation of institutional and legal framework for establishment of a sole authority for the overall management and control of the World Heritage Sites.
Formulating an Action Plan on Civil Service Reforms, 1999 Funded by ADB, Implemented by JT consultants and METCON
Represented METCON as decentralization law expert for the project. Tasks assigned include review of the relevant laws, policies and preparation of action plan for decentralization of functions to local authorities.
Institutional and Legal Framework for Local Trust Fund, 199 UNDP Nepal, PDDP Project
Team Leader. (Activities: research, preparation of institutional and legal framework for LTF functioning at present in 67 districts of Nepal) Local Trust Fund is an institution created to facilitate credit capital to local communities for productive enterprises and promoting micro-credit for poverty alleviation.
National Consensus on Privatization Policy Project 1996-9
Implemented by SCOPE. Funded by DANIDA.
Position: Project Coordinator. Tasks assigned included research in privatization policy of HMG, policy stand of political parties on the issue, evaluation of privatization process, building consensus policy document for promoting privatization process.
NES Nepal EIA Strengthening Project 1996,
Implemented by SRD Sustainable Resource Development Inc./ESSA
Technologies Ltd./IUCN. Funded by Asian Development Bank.
Position: Institutional and Legal Consultant.
Nepal Building Code Development Project 1994, Implemented by Beca Worley International for MHPP/UNCHR.
Position: Legal consultant. Task included development of legal framework to enforce the new building code.
Rural Water Supply and Sanitation Project Prepaz Phase II, 1993.
Implemented by Development Alternatives Nepal for World Bank.
Position: Institutional and Legal consultant. Tasks included developing a project design ready for implementation at the field.
Project NEP. 8/054/Shelter Sector Needs Assessment and Policy Review;Preparation of National Shelter Strategy. 1992 Implemented by Culpin Planning ltd, Institute for Housing Studies and CEDA (TU) for MHPP/HMGN. Position : Legal and Institutional Adviser. Tasks included legal review, survey, preparation of action plan for enforcement of model policy recommended by the project.
Democratic Pluralism Initiative Strategy- Nepal, 1992.
USAID project. Member of the Team, constitutional and legal expert (local expert) Tasks included identification of needs and development of strategy to promote and institutionalize multiparty democracy in Nepal.
Constitution Opinion Survey Project,1990. Implemented by LEADERS Inc. Funded by USAID
Position : Constitutional Expert. Tasks included opinion survey on important issues of basic feature of the constitution and writing a report.
RESEARCH & PUBLICATIONS :
"Comparative law on doctrine of frustration of Contract (force majure) in US,India and UK) NJIL, Kathamandu 1990.
"Fraud and Misrepresentation in Business Negotiation: the Issue of Drawing Bright Line." Delhi University Law Review, Vol. 20, 1998
"Mergers and Acquisitions: Problems and Prospects in Nepal", Nepal Law Review, Kathmandu 1999
"In Pursuit of Better Environmental Legal Regime" (Paper presented in the national workshop for environmental journalists, 1991, organized by NEFEJ, Nepal.)
"Development and Enforcement of Environment Law: Constitutional Aspects and Judicial Trends", A research paper prepared for IUCN/Nepal, July 1994.
"Parliamentary Control Over Executive", article published in 1991, Parliamentary Affairs Bulletin, Kathmandu.
"Equality, Classifications, Protective Discriminations: a Comparative Perspective." research article published in Essays on Constitutional Issues, vol. 28, 1998, NLS, Kathmandu.
"Crown, Court and Constitution" research article published in The Legal System of Nepal, Ed. Dhungel, S.P., Delhi)
"Role of the National Council: Theoretical basis and Practical Reality" (Paper presented in the national workshop for Members of Parliament and Political Parties, 1993, organized by SCOPE, Nepal.) (More than 50 research articles published in National and International Journal of Law)
(More than 300 commercial cases including banking, construction, international trade and insurance related matters experience in different levels of courts in Nepal)