<figure><img width="1500" height="1149" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121136/636a40019c7e80680e04a5f8jpeg.jpg" alt=""/><figcaption>Illustration: BHANU BHATTARAI</figcaption></figure>The spate of investment treaty arbitrations that have inundated developing countries in recent times has now reached Nepal. At stake is a Rs39.06 billion tax imposed by the Large Taxpayers Office (LTO) on <a href="https://www.nepalitimes.com/opinion/ncell-ruling-opens-a-can-of-worms/" target="_blank" rel="noopener">Ncell</a>, following a decision of the Supreme Court.Ncell subsequently contested the LTO tax assessment, submitting that it is liable to pay only Rs14.5 billion. It also obtained an interlocutory interim stay from the Supreme Court on these grounds.The initiation of investment treaty arbitration by Axiata Investment UK Ltd (Axiata UK) through an intermediate special purpose vehicle not directly investing in Nepal, while challenging the same action before the Supreme Court of Nepal and bypassing other statutory remedies, raises several questions as to the use of investment treaty arbitration and the International Centre for Settlement of Investment Disputes (ICSID).Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/opinion/ncell-ruling-opens-a-can-of-worms/" target="_blank" rel="noopener">Ncell ruling opens a can of worms</a>, Semanta Dahal<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/supreme-court-weighs-in-on-ncell-tax-dispute/" target="_blank" rel="noopener">Supreme Court weights in on Ncell tax dispute</a>, Sharad OjhaAxiata UK filed a request for arbitration before the ICSID against the Government of Nepal regarding the capital gains tax levied by Nepal’s tax authorities on the indirect transfer to Axiata UK of an 80% stake in <a href="https://www.nepalitimes.com/here-now/supreme-court-weighs-in-on-ncell-tax-dispute/" target="_blank" rel="noopener">Ncell</a> through the sale of Reynolds Holdings Limited, by the previous foreign investor, TeliaSonera Norway Nepal Holdings AS to Axiata UK.The arbitration was initiated on the basis of the bilateral investment treaty between the governments of Nepal and the UK (UK-Nepal BIT) on 2 March 1993. In parallel, Ncell has also initiated proceedings before the Supreme Court of Nepal challenging the CGT assessment by the tax authorities.In doing so, Ncell and its indirect shareholder Axiata UK have not availed statutory remedies otherwise available under Nepal's law to challenge the assessment. This presents the government with some credible arguments to resist the investment treaty claims.First, it is doubtful whether Axiata UK’s indirect acquisition of Ncell’s shares qualifies as an ‘investment’ in terms of Article 1(a) read with Article 8(1) of the UK-Nepal BIT. Axiata UK’s role in the transaction is limited to its acquisition of Reynolds, which owns 80% of the shares of Ncell.Moreover, Axiata UK is a wholly owned subsidiary of Malaysia-based Axiata Group Berhad. The Government of Nepal could argue that Axiata UK Ltd has no real interest in the transaction and is merely being used as a vehicle to bypass the jurisdictional hurdle of the UK-Nepal BIT.Previous investment treaty arbitrations have found that a mere passive investor, such as a company which conducts no business of its own but merely holds shares in a company incorporated in the host state, will not be able to invoke the jurisdiction under a bilateral investment treaty.It could be argued that Axiata UK is required to exhaust local remedies before resorting to arbitration under the UK-Nepal BIT. The ICSID Convention expressly provides that if a dispute arises, parties may refer the dispute to arbitration if they are unable to resolve it within three months ‘through pursuit of local remedies or otherwise’. By its decision on 6 February, the Supreme Court held that capital gains tax could be levied on the transaction. Thereafter, the capital gains tax was computed by the assessing authority, and this assessment was also challenged by Ncell by way of a writ petition before the Supreme Court on 21 April. Subsequently, Axiata UK submitted its request for arbitration, as announced on 26 April.The sequence of events shows that the decision to invoke arbitration under the UK-Nepal BIT was made immediately pursuant to the calculation of capital gains tax liability, instead of pursuing local remedies to challenge the assessment. The strategy of ignoring statutory remedies and instead relying on constitutional and investment treaty protections appears to have been motivated by the desire to avoid the requirement of depositing one-third of the disputed tax liability as a condition to challenge the assessment under Nepali tax laws.The government can now argue that the invocation of arbitration is against the letter and spirit of the UK-Nepal BIT and the ICSID Convention.Ncell’s present challenge before the Supreme Court is limited to the amount of tax, and Ncell has itself admitted a portion of the liability. It is questionable whether a dispute on the quantum of tax can be referred to arbitration under the UK-Nepal BIT.In matters involving taxation, a claim for expropriation will ordinarily involve showing that the tax liability in question has been imposed as part of a designed and deliberate set of measures to deprive the investor of the value of their investment. Such claims in previous cases have typically involved retrospective legislation where local tax law has been applied in a patently arbitrary and discriminatory manner by the host state. Establishing such a high threshold may be difficult for Axiata UK.The Government of Nepal can now consider all options available, including raising preliminary objections on jurisdiction under Rule 41 of the ICSID Arbitration Rules and Article 41 of the ICSID Convention, at the earliest.Semanta Dahal and Vikas Mahendra are lawyers and partners at Abhinawa Law Chambers (Nepal) and Keystone Partners (India).

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Nepal has strong case on Ncell arbitration

This is the 91st episode of Diaspora Diaries, a Nepali Times series in collaboration with Migration Lab providing a platform to share experiences of living, working and studying abroad. I have still not come to terms with the reality that my daughter Ruby Thakur is now the Deputy Speaker of Nepal’s Parliament. Sometimes, when I am walking, the thought hits me, and I cannot believe it.&nbsp; Things changed for my daughter in a very short time. I had dreamt that the best my daughter could achieve was a good engineering job. Fate had bigger plans for her. She is no longer just my daughter, she is the nation’s daughter. Nepal’s daughter.&nbsp; My children’s education was always my foremost priority. That is the main reason I went overseas for employment. I realised the value of education while working in Saudi Arabia. In my office, colleagues with good education earn $8,000 per month working on computers. Those with low education toil outdoors in the heat for much lower wages. A good education or skills can change everything. I am in Nepal on vacation and will soon return to my job. Ruby is all set now. But I still have to take care of my other children's education. As the eldest son, I myself never got a chance to prioritise my own education. I dropped out in Grade 7 because I had to take care of my ageing parents and younger siblings. I have done all kinds of jobs. I worked in a landlord’s field for a share of the harvest. Even now my wife and I farm for the land owner and have to give away half of what we grow.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260413120444_051b61e01a5189af538aa1e011acd3e2b38d5f42825116b2afd325d93d0c519b.jpg" data-media-id="editor_0" data-image-id="20260413120444_051b61e01a5189af538aa1e011acd3e2b38d5f42825116b2afd325d93d0c519b" data-rendition-name="original" width="4032" height="2268" loading="lazy" alt="DD"> <figcaption>Sogarath Thakur during a break in Nepal with wife tending to his farm.</figcaption> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260413120448_8a1c3ac3fd559026bc6f981cc8dc82cb8ad09a3a4f55fb9f6f7fd5f49c3d5571.jpg" data-media-id="editor_1" data-image-id="20260413120448_8a1c3ac3fd559026bc6f981cc8dc82cb8ad09a3a4f55fb9f6f7fd5f49c3d5571" data-rendition-name="original" width="4032" height="2268" loading="lazy" alt="DD"> </figure>  Then I worked as a barber, my family’s line of occupation. I went door to door cutting people’s hair and later worked in a relative’s saloon. Hairstyles were simple back then, and I got to keep half the fee. I also worked in a brick factory where I was paid weekly. &nbsp; I married when I was 16, and my wife was a year younger. As my family and responsibilities grew, I had to migrate leaving behind my three children including Ruby who was just three months old.&nbsp; I went to Qatar where I continued working as a barber. It was a large saloon and the standards for cleanliness and professionalism were higher. I had to hand over 70% of my daily earnings to the employer. I had to rely on my colleague to translate what the customer wanted. But I slowly became fluent in Arabic. I used to jot down words in Nepali and Arabic and memorise them. In Qatar, customers even came at night for haircuts, and people stayed up late. I would work till 3AM.&nbsp; Communicating with my family was one-way. I would go to Bismillah and ask someone to type out questions to my family about their whereabouts, how the harvest was that season. I would offer very little information about my life in Qatar because it was not easy. What was the point of getting them all worried? What could they do? I never received a letter in return, so throughout my time in Qatar, I never knew how my family was faring. When I appeared in the village after five years without any advance notice, it was a bittersweet reunion, and I had no gifts. I still remember how unfamiliar my village felt when I came home after so many years. I had to ask for directions. When I came home, Ruby was already in school. I had left her in my wife’s arms five years prior. I missed her growing up, and did not even see her pictures. My wife had to introduce her to me as her father. But it took just 15 minutes for her to warm up to me.&nbsp; The Arabic skills I had picked up in Qatar came in handy when I remigrated two years later to Saudi Arabia. I worked as a labourer in the desert heat, but once my company found out I spoke Arabic, I was hired for an indoor job as an office boy. The struggle in Qatar had paid off. I worked in an air conditioned office serving tea or coffee, doing bank runs or getting documents signed and photocopied. I have worked in the same company for the past 20 years, sending money home.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260413120448_f083fa873a6d77b19c8b0bdde623415c643a151fb550c57ff4e52b3c2431355f.jpg" data-media-id="editor_2" data-image-id="20260413120448_f083fa873a6d77b19c8b0bdde623415c643a151fb550c57ff4e52b3c2431355f" data-rendition-name="original" width="5712" height="3213" loading="lazy" alt="DD"> </figure>   <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260413120452_5ccd9a01ee05ce26b71381725108215d0f0d3806508b0cb482aabcfea09bbaef.jpg" data-media-id="editor_3" data-image-id="20260413120452_5ccd9a01ee05ce26b71381725108215d0f0d3806508b0cb482aabcfea09bbaef" data-rendition-name="original" width="4032" height="3024" loading="lazy" alt="DD"> </figure>  My wife is not just my children’s guardian, but also mine throughout the two decades I was away. I trust her with all my earnings, and she manages our household finances well. She makes sure that the children’s school fees and other expenses are paid on time. These days, with video calls, things have become much easier for me to stay in touch with home.&nbsp; When Ruby told me she wanted to do an engineering diploma, I was happy. Later, her friends inspired her to join politics so she started getting involved with Shram Sanskriti Party. I first found out she got the proportional representation nomination through social media while on my work duty in Saudi Arabia. I was so excited, but even more so when she was elected Deputy Speaker. I was back home in Dhanusha on my vacation at the time.&nbsp; We are overjoyed and waiting for her to come back to the village for a visit when she gets a chance so we can celebrate properly with everyone. I plan to go back to Saudi Arabia as originally planned, I have a good job and will work for maybe five more years. Ruby has taken 75% of the load off my back. She can help take care of her siblings.&nbsp; I sleep at 8PM every day and wake up at 5AM to exercise before my day in Saudi Arabia begins – I have stuck to the same routine for the last two decades and it has worked well for me and my health. I have a good rapport with my boss who is an Egyptian. My requests to resign have often been met with counter-offers to stay on. My honesty and hard work have won me the company's trust. I will go back and resume working as I have, despite my daughter’s huge achievements. I am still a farmer’s son, a simple man who has to fulfil his family responsibilities. My colleagues in Saudi Arabia are aware that Ruby is Deputy Speaker in Nepal’s Parliament, they are all happy for me and have congratulated me. This time, when I go back, I have promised them that I will throw a bakhri party to celebrate my daughter’s achievement.

The nation’s daughter

At 6 feet and one inch, Hira Bahadur Ghalan was exceptionally tall for a Nepali. In 1936, when people came to his Tamang village near Tistung looking for porters, they recruited him on the spot. This was no ordinary job, Hira Bahadur would lead gangs of 30 or more porters to carry cars bought by Rana rulers from Bhimphedi to Kathmandu.&nbsp; Those were the days when the only motorable roads in Nepal were in Kathmandu, but the capital was not connected to anywhere else by road. So, before cars could carry people, people had to carry cars. More Nepalis had carried cars than ridden in one. The porters were paid Rs5 for the job, and sometimes the Rana owners gave Hira Bahadur a Rs25 baksheesh. One of the cars his community helped carry was a 1939 Daimler Benz gifted by Adolf Hitler to King Tribhuvan to woo Nepal away from the British. The rusted dusty vehicle is now in the Narayanhiti Palace Museum.&nbsp; Hira Bahadur hauled cars for 25 years until his knees gave way, he died at age 90 eight years ago — the last surviving car porters of Nepal from Chitlang Valley.&nbsp; Hira Bahadur Ghalan had three sons and three daughters, one of them is Maila Kaji Lama, who at age 68, is a chauffeur in Kathmandu. His son, Manjil Lama is a pilot with Summit Air, flying to remote Himalayan airstrips. Three generations of one family worked in professions that followed a century of transportation history in Nepal. &nbsp; After the <a href="https://nepalitimes.com/multimedia/the-long-and-winding-road-to-india">Tribhuvan Rajpath was finished in 1957</a> and the ropeway upgraded, Hira Bahadur was out of a job. He tilled the family farm, watching trucks and buses headed to and from Kathmandu on the hairpins.&nbsp; As a child, Maila Kaji was fascinated by cars and wished one day to be able to drive one. After he failed Grade 8, he came to Kathmandu in 1975 and got a Rs20/month job at a petrol station in Maiti Devi. “I watched King Birendra’s coronation and was impressed by the glamour of Kathmandu, and decided to stay here,” Maila Kaji says.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026041816040_a1a41e47dec8500727702f700e43af625f059043cbcd283f13b247344b3a20aa.png" data-media-id="editor_1" data-image-id="2026041816040_a1a41e47dec8500727702f700e43af625f059043cbcd283f13b247344b3a20aa" data-rendition-name="original" width="1974" height="1608" loading="lazy" alt="car carriers"> <figcaption>Maila Kaji</figcaption> </figure>  Former minister Ramesh Nath Pandey used to bring his Volkswagen Beetle to the station, and Maila Kaji started taking care of his car. Later, he drove a Russian Jeep for former minister and geographer Harka Gurung. Along the way, he fell in love with the daughter of a Brahmin colleague, and married her. “My father back in Tistung did not approve of our inter-ethnic marriage, and not speak to me for five years,” Maila Kaji recalls. Manjil Lama grew up in Kathmandu, and did well in science in school. He had wanted to go the US to become a pilot like his friends, but was denied a visa.&nbsp; “The visa officer told him I did not earn enough,” says Maila Kaji, “so I sold some property and sent Manjil to flying school in the Philippines.”  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2026041816040_e9091162840baa6d182de2d7cc6f09e43ec9cfd9a9b6e71e7e7b14bc72da3537.png" data-media-id="editor_2" data-image-id="2026041816040_e9091162840baa6d182de2d7cc6f09e43ec9cfd9a9b6e71e7e7b14bc72da3537" data-rendition-name="original" width="1434" height="1754" loading="lazy" alt="car carriers"> <figcaption>Manjil Lama</figcaption> </figure>  After returning to Nepal, Manjil Lama now flies Let 410s of Summit Air to difficult air strips like Lukla and Simkot, and has logged over 2,000 hours. He has to go to the Czech Republic regularly for simulator training. Says Maila Kaji Lama: “My father worked hard carrying cars to raise us, I started from scratch to become a driver to support my family, and my son is now a pilot with experience in flying in the world’s toughest terrain.” &nbsp; Watch <a href="https://www.youtube.com/watch?v=lvT3iTi8yw4" target="_blank">video clip from S Dillon Ripley here</a>.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260419020448_40f8b1bdaace08106ca5c24819b6e7a34fb2109a9a3ec5c6ac179b3309e686ed.png" data-media-id="editor_4" data-image-id="20260419020448_40f8b1bdaace08106ca5c24819b6e7a34fb2109a9a3ec5c6ac179b3309e686ed" data-rendition-name="original" width="900" height="1582" loading="lazy" alt="car carriers"> </figure>

Grandfather carried cars, son drives cars, grandson flies planes

Nepalis are insured but not covered

The series Nepal Made profiles Nepali products and the people who make them possible. Named after the mythical bird-like creature, GarudX is Nepal’s first precision manufacturer of UAV platforms. They offer a wide range of drone products and services. Last month, GarudX won first place at the US-Nepal Startup Weekend Challenge, a three-day accelerator-style program that gathered 25 of Nepal’s most promising early-stage companies. These include custom drones, cinematography, virtual tours, first-person-view (FPV), drone racing, 3D reconstruction, ground control software, and drone light shows. “I think they liked that we pitched the company as a Drone Enterprise System, as a company providing large-scale, integrated drone services,” says Dipawoli Malla, an AI software engineer with GarudX. The company sees a lot of potential in AI-based aerial computer vision, which is already used for infrastructure planning and land surveys, and could be vital in tracking wildlife poachers and assisting search and rescue during disasters. “Our vision for the company has always been to be the one stop solution for every drone problem,” says GarudX CEO Avash Thapa, who also oversees video production. Drones have gained high profile in the past five years due to their widespread adoption in war. While they do work with the Nepali army, GarudX wants to focus on the idea of drone for good. For Nepal, the potential is great for civilian applications especially because of the country’s terrain. Past efforts have been experimental, like a project to deliver tuberculosis treatment in Piuthan in 2019, and for wildlife censuses in Chitwan. Journalists now regularly use drone footage to get a bird’s-eye view for investigative stories on illegal sand-mining or delays in infrastructure projects. Drones were vital during the GenZ protests last September, in which aerial videos provided clues about what actually happened when the crowd surged towards Parliament. They also captured the dramatic aftermath of the destruction of government buildings featured in this paper. “A lot of people do not know or appreciate that drones are also made in Nepal,” notes Malla. “We export a lot of technology as software. It is a big achievement that we can also export hardware.” GarudX was informally started and active on social media since 2018, and officially registered as GarudX Multipurpose in 2024. Founder and Managing Director Adarsha Raj Bhusal had experience working with robotics and FPV drones when he launched the company, as an engineering group interested in custom-built high-performance aerial robotics. “I design our products,” says Bhusal. “We send designs to China where they are manufactured as individual parts. Costs are low when importing from China. Then we assemble and sell them here. It's a system that works well for us.” Among the UAVs GarudX makes include the Skyreaper, which is a long-range drone with advanced obstacle sensing; the GX8 Pyro which is Nepal’s first cinema-grade cinelifter; and the Aether Zoom which is a 4K UAV camera designed for tactical, industrial, or reconnaissance missions.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260417150440_d9f36b32e0b4d65dedded3e705aa7bf8769fd72417fc53669e77ce7a32f8ccd1.webp" data-media-id="editor_0" data-image-id="20260417150440_d9f36b32e0b4d65dedded3e705aa7bf8769fd72417fc53669e77ce7a32f8ccd1" data-rendition-name="original" width="960" height="1280" loading="lazy" alt="garudx"></figure>  NO CERTIFICATION The main obstacle to GarudX's growth has been the lack of a national certification system. Permits to use drones are convoluted and require applications to various government agencies. “We miss out on so many international projects, for national park footage for example, since there is no way to get our drones registered — even after the army thoroughly checks our craft,” says Adarsha Raj Bhusal. GarudX says it now has the capacity to export its drones overseas at competitive prices, but Nepal does not have a registration system in place. “We can’t legally ship them,” says Avaya Pokharel, Chief Operating Officer who oversees service and repairs. With a new RSP government in place with an ambitious blueprint for digitisation, things could soon change. Relevant bodies are the Home Ministry, the Civil Aviation Authority and the Ministry of Defence because of privacy, aviation safety and national security issues. “There are meetings going on, and there is hope that progress will be made. Of course we want certification to be easy, but it is hard for the government as they have to understand the technology and what is coming in future,” says Bhusal. Legislation could look like a Remote ID system to register every drone. It could also specify pilot verification, placing limitations on what a pilot can do based on their skill level. It could also look at revising drone policies in the capital. Most of Kathmandu Valley is technically a no-fly zone for drones at present because of the concentration of government buildings, army bases and the international airport flight path. To comply with current regulations, GarudX has focused on lightweight FPV drones: small, nimble craft that can be maneuvered at high speed in tight spaces, operated by a pilot wearing immersive goggles. This results in exciting fast-paced footage, particularly useful for clients like Redbull or vehicle companies. “It feels like you are flying,” testifies Bhusal, who has flown FPV for commercials and movies, and ranks way ahead of runner ups in drone races. His work can be seen @adars_fpv on Instagram. The company has built a community of FPV drone racers, and is working with the government to certify it as a sports competition. It holds race events at colleges in Kathmandu and also consults for FPV events in in India.  <figure><img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20260417150440_43b27b1b6890e47028c5e780c2ed0147a057f625d9d551221ddbd504dc03a356.png" data-media-id="editor_1" data-image-id="20260417150440_43b27b1b6890e47028c5e780c2ed0147a057f625d9d551221ddbd504dc03a356" data-rendition-name="original" width="923" height="619" loading="lazy" alt="garudx"></figure>  MULTIPURPOSE Drones can be versatile tools, but they are particularly helpful in Nepal and the Himalaya. Powerful drones have been used for the last two years to transport ropes and ladders up Mt Everest to reduce the dangers on the Khumbu Icefall, and to bring trash down. If scaled with many pilots and drones, this could be a complete solution to the Everest trash problem while massively reducing risk to human lives. GarudX has also tested its products in the mountains. A recent blog entry on their website is titled, ‘Flying at 6,120m: What We Learned Testing Drones on Lobuche Peak’. They document the process of using different battery tricks and propellers to see what combination allows for more flight time in the thin, cold air. It is refreshing to see a Nepali company making such progress in a unique industry while also documenting advances.

axiata-uk

Nepal has strong case on Ncell arbitration

The nation’s daughter

Grandfather carried cars, son drives cars, grandson flies planes

Nepalis are insured but not covered

Nepal drone startup takes off