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FIDIC Contracts in Asia Pacific - A Practical Guide to Application


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CHAPTER 15

Applying FIDIC contracts in Nepal

Dr Donald Charrett practises in construction law as an arbitrator, mediator, dispute board member and expert. Prior to becoming a lawyer, he worked as a consulting engineer for over 30 years. He has published widely on legal and engineering subjects, including as the author/joint author/editor of five books on construction law.

15.1

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Outline of the legal environment in Nepal

15.1.1 The constitutional structure of Nepal

The Constitution of Nepal comprises 308 articles in 35 chapters and 9 annexes. These articles and annexes cover the constitutional provisions of: citizenship; fundamental rights and duties of citizens including the right to enterprise, trade and profession; structure of state and distribution of state power among federal, provincial and local entities.1 There are constitutional provisions in respect of the President and Vice President, the Federal Executive, the Federal Parliament comprising the House of Representative and the National Assembly that enacts federal law. The provincial legislature enacts the provincial law, and the local legislative bodies enact law for the local jurisdictions.2 The Constitution provides the provisions for the provincial Executive and Local Executive. The judiciary exercises the power related to justice. The powers to deliver justice are vested in court and other judicial institutions in accordance with Constitution of Nepal, other laws and recognized principles of


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justice. The Constitution further provides for constitutional bodies, amendment of the Constitution, emergency powers, national security etc.

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