Arbitration Related Litigation

Strategic Counsel and Representation in Arbitration Related Litigation  

While arbitration is intended to be a private and autonomous dispute resolution process, it frequently requires the strategic intervention of national courts to ensure its efficacy. Bhandari Law and Partners specializes in arbitration related litigation, providing the necessary court support to safeguard the integrity of the arbitration process, or challenging it when necessary.
Our dual expertise in both complex litigation and domestic/international arbitration allows us to provide seamless representation at the critical interface where courts and tribunals interact. We act decisively in all aspects of arbitration related litigation, securing the best possible legal outcomes for our clients in Nepal and across international jurisdictions.

Our Services in Arbitration Related Litigation
We handle the full range of court actions that arise before, during, and after an arbitral proceeding, whether domestic or international:

a. Pre-Arbitration and Interim Relief
We guide clients in obtaining necessary provisional measures from national courts to preserve assets, secure evidence, and prevent dissipation, which are vital for ensuring the effectiveness of the final award. This includes:
Seeking interim injunctions or protective measures from courts in support of the pending or prospective arbitration proceedings.
Challenging jurisdiction or scope of the arbitration agreement in court when appropriate.

b. Challenging Arbitral Awards (Setting Aside) 
When an arbitral award is flawed by procedural irregularities, excess of jurisdiction, or violation of public policy, our litigators initiate court proceedings to challenge and set aside the award. We focus on:
Identifying grounds for challenge under the Nepalese Arbitration Act and international standards.
Representing clients in superior courts to annul or modify awards.

c. Enforcement of Arbitral Awards 
Successfully concluding an arbitration requires the award to be recognized and enforced. We specialize in arbitration related litigation focused on enforcement, which includes:
Domestic Enforcement: Seeking recognition and execution of domestic awards
International Enforcement: Litigating for the recognition and enforcement of foreign arbitral awards under the New York Convention.
Managing enforcement actions in foreign jurisdictions, collaborating with our network of international counsel.

d. Jurisdictional Disputes and Appeals
We handle court proceedings related to the validity, scope, and interpretation of arbitration agreements, including appeals and judicial reviews on points of law where permitted by the relevant arbitration framework.

Why Choose Bhandari Law and Partners for Arbitration Related Litigation?

The intersection of arbitration and litigation demands a highly specialized skillset. Our firm offers a distinct advantage:
Integrated Expertise: Unlike firms that specialize in only one area, our team possesses a comprehensive understanding of both the strategic nuances of arbitration and the procedural rigor of court litigation. This integration is crucial for effective arbitration related litigation.
Strategic & Proactive Approach: We anticipate potential judicial hurdles during the arbitration process and proactively position our clients for success in subsequent court actions, whether that involves enforcing an award or defending a challenge.
Global Standard of Service: Our experience serving multinational corporations and international institutions means we handle complex, high-value disputes withinternational protocols and professionalism.
Dual Expertise in Arbitration and Litigation: We understand both arbitral strategy and courtroom procedure.
Cross-Border Enforcement Experience: We regularly assist in enforcing awards across multiple jurisdictions.
Strategic Risk Assessment: We advise on prospects of success, enforcement risks, and jurisdictional challenges.
Speed and Precision: Arbitration-related court matters often require urgent action, which we handle with efficiency.
Strong Advocacy Before Courts: Our litigators bring persuasive advocacy skills to complex judicial proceedings.
Confidentiality and Commercial Sensitivity: We handle disputes with utmost discretion and professionalism.

Industries We Serve

Our arbitration related litigation services cover a broad range of industries, including:

• Infrastructure and Construction
• Hydropower and Energy
• Banking and Finance
• Real Estate and Hospitality
• Foreign Investment and Joint Ventures
• Manufacturing and Supply Chain
• Telecommunications and Technology
• Other Industries 

Conclusion 

Bhandari Law and Partners offers a full-service solution for arbitration related litigation, delivering seamless representation in all court proceedings connected to arbitration. From enforcing arbitration agreements and securing interim protection to defending award challenges and executing final awards, we ensure that your arbitration process is fully supported by effective judicial strategy.
Whether you are a foreign investor, commercial enterprise, or public sector entity, our team provides the legal strength, procedural clarity, and strategic foresight needed to achieve successful outcomes in arbitration related litigation.

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