Sameep Khanal

Negotiated the concession agreement for the development of the Damak Industrial Park on behalf of the consortium of Asian investors. Key negotiation terms included: transfer price along with return of equity payable to investors upon early termination by the Government of Nepal, refinancing gains.

1. Acted as lender’s counsel in a USD 453 million financing from 8 multilateral banks on the Upper-Trishuli- 1 Project, awarded by Project Finance International organization as the transaction of the year for 2020.
2. A⁠cted as part of the drafting team on behalf of the Ministry of Industry, Commerce, and Supplies in drafting the “Model Bilateral Investment Treaty of Nepal” under consideration with the Ministry of Finance.
3.  Represented a telecom operator and successfully obtained a consolidation order for merging two separate arbitration agreements emanating from the same project and between the same parties.
4.  Represented an international concessionaire in an arbitration against the Civil Aviation Authority of Nepal in a claim relating to the premature termination of the ground handling concession agreement.
5.  Successfully represented a telecom operator in the Nepalese High Court for setting aside proceedings relating to an award rendered under the Nepalese Arbitration Act, 1999.
6.  Acted as co-counsel with a leading international law firm and settled with a Chinese contractor for a USD 15 million claim brought under the SIAC Rules and enforced the settlement as an award in the High Court of Nepal.
7.  Assisted a Korean company in filing an expert witness report in international arbitration under the SIAC Rules about the application of the Hudson Formula and utilizing English law as a reference under Nepalese contract law.
8. Acted as a counsel in an arbitration under ICC Rules for an Italian project developer under expedited proceedings and successfully refuted the challenge on the appointment of an arbitrator.
9.  Assisted the partner in his expert witness examination administered by the Permanent Court of Arbitration under UNCITRAL Rules on issues relating to variation and excusable delays arising from a FIDIC Red Book contract entered into with a state-owned enterprise.