First name: Santhosh babu

Second name: baskara pandian

Group: 7

SUBSTANTIVE AND PROCEDURAL LAWS IN NEPAL

 Substantive Law is a Statutory Law that deals with the relationship

between the people and the State. Substantive Law defines the rights and
the duties of the people.
 Procedural law is a Law that establishes the rules of the court and the
methods used to ensure the rights of individuals in the court system.
Particular Laws that provide how the business of the court is to be
conducted

SUBSTANTIVE LAW IN NEPAL:

Substantive Law to be followed by Arbitrators:

(1) The Nepal Law shall be the substantive law to be followed by the arbitrator,
except when, otherwise provided for in the agreement.

(2) The arbitrator may settle the dispute according to the principle of justice and
conscience (Ex aqua et bono) or natural justice (amiable compositor) only when
explicitly authorised by the parties to do so.

(3) Notwithstanding anything contained elsewhere in this act, the arbitrator shall
settle the dispute according to the conditions stipulated in the concerned
contract. While doing so, arbitrator shall also pay attention to the commercial
usages applicable to the concerned transaction.

PROCEDURAL LAW IN NEPAL:

(1) The procedure to be adopted by the arbitrator while taking a decision on a

dispute shall be as mentioned in the agreement, and in case no such procedure
has been mentioned in the agreement, it shall be as laid down in this Act.

Provided that the procedure not laid down in the Act shall be as prescribed by
the arbitrator with the consent of the parties, and in case the parties fail to reach
an agreement in that connection, it shall be as prescribed by the arbitrator
him/herself.

(2) The arbitrator shall start arbitration proceedings immediately after receiving
all such claims, objections, counterclaims or rejoinders as need to be received
by him/her.

(3) The arbitrator must inform the parties about the type of proceedings to be
held, and the day and time fixed for the purpose and also keep records thereof in
the concerned case file.