International Commerce and Trade

In an era of globalization, cross-border commerce is at an all-time high, and Nepal is increasingly part of international supply chains as both an importer and exporter. Engaging in international trade brings opportunities for expansion into new markets but also exposes companies to a patchwork of foreign laws, trade regulations, and cultural business practices. For Nepali companies exporting goods (from garments and carpets to agricultural or manufactured products), challenges can include complying with destination country standards, navigating letters of credit and international payment systems, and handling shipping logistics and customs procedures. Conversely, for foreign companies and investors trading into or from Nepal, understanding Nepali import regulations, customs tariffs, foreign exchange controls, and local partnership requirements is crucial. Without adept guidance, firms risk disputes, delivery issues, or regulatory snafus that can disrupt business and profitability.

Gandhi & Associates helps clients smoothly manage their international trade and commerce activities. Our team advises exporters and importers on the contractual aspects of cross-border deals – drafting and negotiating international sale contracts (INCOTERMS, payment terms, dispute resolution clauses) that protect our clients’ interests. We counsel on trade compliance, including customs classifications, duties and tax implications, and compliance with Nepali import/export regulations and quotas. In the event of trade disputes, we represent clients in resolving issues such as letter of credit discrepancies, quality and warranty claims on goods, or disputes with foreign distributors or suppliers. We have experience handling international arbitrations and litigation arising from cross-border transactions, often coordinating with foreign counsel as needed. By taking a proactive, problem-solving approach, we help our clients capitalize on global market opportunities while minimizing the legal risks inherent in international commerce.

Representative Experience:

  • Resolved complex letter of credit disputes for Nepali exporters, including a global apparel retailer regarding a garments export payment issue, and a family-owned carpet export house involving recovery of high-value receivables;
  • Advised a local automotive distributor in a franchise dispute with a European automobile manufacturer, successfully protecting contractual rights and negotiating an amicable resolution;
  • Counseled a global petrochemicals company on customs procedures and legal remedies for the re-export of non-compliant goods;
  • Assisted a foreign-owned cement company with securing temporary import permits for heavy machinery and construction inputs, facilitating timely execution of a major industrial project; and
  • Advised Nepali distributors on securing exclusive arrangements with international sanitaryware and fixtures brands, including compliance with foreign investment and import regulations.