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HMIS Newsletter No.20

  No. 20 
March 2002 
 

1. Dispute Adjudication Board (DAB)

It is desirable to include a list of members of the DAB in the contract so that time spent for the appointment of the DAB is curtailed. The DAB may consist of one or three members nominated as specified in the contract. The contracting parties shall share the remuneration of DAB members equally. The DAB shall work only with referral of the dispute by one of the contracting parties. Both contracting parties shall provide information required by the DAB. The DAB shall give a reasoned decision within a specified time limit, which shall have a binding on both parties if parties agree. If either party is dissatisfied with DAB’s decision, he may give notice of dissatisfaction to the other party within a specified time.

2. Amicable Settlement

  • The contracting parties shall attempt to settle a dispute amicably before the commencement of the arbitration.
  • The dispute shall be referred to the arbitrators only if amicable settlement is unsuccessful or no attempt is made for an amicable settlement within the specified time limit.

3. Arbitration Procedure

  • If an amicable settlement is not achieved within time specified, the dispute shall be settled through arbitration.
  • The arbitrators shall have full power to open up, review and revise any certifications, determinations, instructions, opinion or valuation of the Consultant and any decision of the DAB relevant to the dispute.
  • The arbitral award made by the arbitrator shall be final and binding on both contracting parties.

Nepal Arbitration Act (2055): In this connection it becomes important to have a look on this act. The guideline of the PWD in respect of the arbitration procedure is not consistent with the clause 30 of the Nepal Arbitration Act. The clause 30 of the Nepal Arbitration Act suggests that if any contracting parties not satisfied with the decision of the arbitration tribunal could file an application to the appellate court regarding his dissatisfaction whereas the PWD guides to accept the award of the arbitrator.

Completion of Project for Improvement of Intersections in Kathmandu City

Even, if in future major industries are relocated in other parts of Nepal, Kathmandu will still remain as a favorite tourist destination as well as the apex economic and administrative hub. To facilitate these and to accelerate GDP growth rate, a higher degree of mobility is essential. However, this higher degree of mobility is to be achieved with minimal effect on the environment and by making our roads much more safer.

A speed survey conducted in year 2000 revealed that the desirable average speed of 30 to 40 km/h can be achieved in Kathmandu only on the early morning hours (Fig. 1). Otherwise, at intersections, average speed may go down to as much as 15 km/h. Moreover, road accidents are found to concentrate at intersections.

Figure 1: Reduction of average speed at intersections

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