Can parties choose arbitration instead of court?

Contracts & Business Law

Yes. The Arbitration Act, 2055 recognizes a written agreement to submit an existing or future dispute arising from a defined legal relationship to arbitration. Where an agreement provides for arbitration, covered disputes are resolved under the agreed procedure or, where necessary, the Act.[7]

A good clause should address scope, appointment of arbitrators, seat or place, language, governing rules and procedure.

Sources

  1. Nepal Law Commission, **Arbitration Act, 2055**, ss. 2–3. View source
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