Founded in 1987 and adopting the name Gandhi & Associates (“G&A”) in 1997, G&A is a leading corporate and commercial law firm in Nepal founded by Mr. Gandhi Pandit, a Columbia University law graduate. G&A has successfully established itself as a major legal solution provider on a national and international scale. Over the years, the firm has exponentially expanded its areas of practice and today is one of the largest and most trusted law firms in Nepal.
Not only has G&A built the largest team of legal professionals in Nepal, it is also strategically placed in the three most vibrant cities in the country: Kathmandu, Pokhara and Butwal.
Mergers and Acquisitions (M&A) are a big part of the corporate finance world. Every merger or acquisition has but one common objective, regardless of its size or nature: to generate synergy that makes the value of the combined companies greater than the sum of the two parts.
In the context of Nepal, M&A has played an important role as conglomerates are consolidating their business to compete in the face of tough competition. G&A provides comprehensive advice on corporate law and takeover code and its implications on financial planning. Our goal is to provide advice, which is not just legally sound but also commercially practicable, thus ensuring and protecting our clients’ interest.
Litigation
G&A’s litigation practice is consistently at the cutting edge of the leading commercial and corporate litigation battles dominating national headlines. We are determined to accurately evaluate potential litigation at the first instance but in circumstances where litigation is inevitable, we utilize all of our resources in the best possible manner so that matters can be resolved quickly and economically. This is why our clients turn to us to handle their “must-win” trials, business disputes, and government enforcement matters.
With a tight-knit group of litigators with a combined legal expertise of over 150 years, G&A can rapidly assemble a focused, integrated, and efficient team to approach each matter with intensity, thoroughness, and creativity and achieve the most efficient and favorable results.
Mr. Keshab Prasad Mainali, a retired Chief Judge of Courts of Appeal of Nepal, heads our nationally-acclaimed litigation team. Prior to entering the judiciary, Mr. Mainali was a renowned and successful litigator in his own right.
We represent our clients in all of the administrative offices, judicial tribunals, the District Courts, the Appellate Courts, and in the Supreme Court of Nepal. Gandhi & Associates specializes in collaborating with law firms from different jurisdictions to bring lawsuits in foreign jurisdictions or in Nepal.
We undertake following types of contentious matters:
Alternative Dispute Resolution
Gandhi & Associates primarily advises clients in their business decisions and plans that pose arbitration and litigation risks on the basis of the agreements entered into by the clients. We also represent clients in arbitration, mediation, and other alternative dispute resolution proceedings as well as assisting them in enforcing their international arbitral awards in Nepal as per the Arbitration Act of 1995.
Including disputes heard under the auspices of the International Chamber of Commerce (ICC) and the United Nations Commission on International Trade Law (UNCITRAL), our lawyers are involved with numerous large-dollar-amount commercial arbitrations. Accordingly, we have participated in alternative dispute resolution proceedings in a wide-range of industries, including construction, electronics, manufacturing, pharmaceuticals, mining, power generation, project engineering, and utilities.
Mr. Gandhi Pandit, G&A’s Founding Partner, has been a member of the International Court of Arbitration within the ICC since 2005. Mr. Pandit has been continuously attending ICA Court Sessions in Paris since 2006. In addition, Mr. Pandit himself has served as an arbitrator in several arbitration matters.
As property derived from the intelligence of the creator, intellectual property (“IP”) is intangible. Yet your business’s trade name, trademarks, new inventions, industrial designs, songs, artistic creations, and various other unique creations can and should be guaranteed protection by the laws of Nepal. Registration of your IP is required for its protection and to maintain your ownership of your own creations.
IP is an emerging dimension in Nepalese legal context. G&A is well-equipped to register and protect the IP rights of our clients in Nepal and elsewhere. G&A provides our clients with a detailed process for registration of trademark, patents, and designs in Nepal. We also provide legal assistance in filing for the priority claim in authority of Nepal as per various international conventions. Furthermore, in regard to infringement of your intellectual property right, we are always geared up to in getting you a remedy against the infringement of your intellectual property right.
There several IP matters relating to filing, registering, and prosecuting patents, industrial designs, trademarks, and copyrights including renewals, licensing and enforcement. We are here to understand the requirements and expectations of our clients, their business, objectives and apprehensions. We make every effort to offer several options and solutions to our client before and after commencing any project.
Every industry will have at one time or another witnessed a labor issue, which is often a serious problem for businesses. Gandhi and Associate is one of Nepal's largest firms of employment attorneys with clients nationwide. Our employment lawyers work with both employers and individuals advising on matters from non-contentious employment law, collective bargaining agreements, and business immigration to more complex issues, such as restrictive covenants, redundancy (during down-sizing or during a Merger or Acquisition), and court disputes.
Our extensive experience in this area means that we can help clients resolve employment or labor issues with minimal disruption to normal operations, while delivering the most efficient outcome.
We advise employers in all areas of day-to-day personnel practices and employee relations matters, including discrimination and harassment issues, union matters, layoffs and plant closures, disability and religious accommodation issues, interpreting and applying employment policies and legal requirements for specific personnel decisions, conducting and supervising internal investigations, counseling on appropriate actions to minimize risk of liability, coordinating workers' compensation issues, and negotiating and preparing employment contracts and separation agreements.
We regularly act for both employer as well as employee in different proceedings before the Labor Department and in court. Our attorneys are also experienced in negotiating with labor unions, drafting collective bargain agreement, and concluding collective bargaining deals with them. The law firm has helped many companies to conclude collective bargain agreement with their labor union to resolve issues that have often forced the companies to temporarily suspend operation.
Mr. Gandhi Pandit was instrumental in the negotiations and lobbying on behalf of hotel owners regarding the issue of the introduction of a blanket service charge in the hospitality sector.
Our experienced business immigration attorneys provide prompt, efficient and cost-effective advice to organizations wishing to employ overseas nationals. Many employers rely on being able to hire people from outside Nepal to ensure their workforce has the best skills, experience, and qualifications. Recruitment from overseas is often essential for positions where there is a skills shortage in Nepal. With the current growth of the infrastructural development in Nepal such as large mining and hydropower development projects, it is understandable that employers and investors would want to bring in skilled professionals from abroad and such individuals are often keen to come to Nepal for work.
However, if your main aim is to ensure that your new employees are able to start work quickly and move to Nepal with as little stress as possible, Nepalese law and procedures may seem unduly complex and complicated. Gandhi & Associates is determined to expedite these procedural hassles and provide clients with a peace of mind when it comes to business immigration.
Insurance policies hold great legal significance in transferring and allocating risks from the person taking the policy or the “insured” to the insurance company or “insurer.” This agreement can only be brought into the force of law after it meets the legal requirements of contract law. The insured must have an “insurable interest” in the subject matter being insured, such as property, life, and health.
That is why you need an experienced attorney on your side whether you are an insurer or insured. Our attorneys have expertise in handling dispute resolution and advisory work covering all classes of insurance and reinsurance claims including aviation, construction, energy, life, business interruption, equipment failure and breakdown, and more.
Gandhi & Associates deals with all matters of insurance disputes. The firm participates in construing insurance policies alongside negotiating insurance terms representing both insurance companies and private individuals and companies. The firm deals with various insurance claims, such as personal injury, road accidents, car and property damage, product and professional liability, and life insurance.
We also provide constant advice in matters of underinsurance, reinsurance, double insurance aspects, and risk assessment. Our attorneys are well experienced in insurance matters and familiar with the intricate details of various insurance laws and regulations, by that we assist expediting up and maximizing the claims of our clients both in the negotiation stage as well as during litigation.
Gandhi & Associates provides a full range of advisory, strategical, and litigation services for retail and consumer products. The firm advises on structuring and implementing all the necessary agreements. We help clients anticipate and comply with the numerous regulations unique to the retail industry in Nepal. Clients rely on our firm to defend against both government and private adverse actions. We have a history of working with prominent retail and consumer product companies. They depend on our innovation, leadership, and experience in achieving their strategic, business, and legal goals. We provide expert legal representation tailored to each client’s specific needs by drawing on our resources and experience. G&A handles matters such as:
Gandhi & Associates has an experienced team that possesses a deep understanding of bankruptcy principles and law, outstanding litigation, corporate drafting ability, and solid business sense. We provide counsel to clients on all matters related to distressed situations, including insolvency and bankruptcy, and we provide corporate governance advice. We have played a key role in some of the most complex bankruptcy cases in Nepal, providing services that range from consultancy to litigation. The firm has also successfully challenged and defended plans of reorganizations and bankruptcy settlements.
Our practice distinguishes itself by providing interdisciplinary counsel that can handle virtually any issue that might arise in a corporate distressed situation. Every bankruptcy litigation matter at G&A has access to full resources of the firm’s multidisciplinary litigation department. It is typical to see the firm’s leading litigators take an active role in adversary proceedings in court, combining the firm’s knowledge of bankruptcy with its broader litigation department.
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