Tribhuvan University
2055
LLM/II year/LAW Full Marks: 100
Commercial Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions.
1. What is privatization, what is the content and context of Nepalese privatization? Give a critical appreciation of the existing legal policies, methods and procedures of privatization in Nepal.
2. What is the importance of transfer of technology law to international business? Comment on the existing Nepalese law on transfer of technology.
3. Differentiate between “Joint venture” Multinational corporations and “foreign Companies” Examine the legal arrangements made of foreign investment in Nepal.
4. What is commercial arbitration? What are its kinds? Do you consider the neplaese arbitration law meets the standards of a modern domestic commercial arbitration law meets the standards of modern domestic commercial arbitration law? Discuss.
5. Identify the European Model of international commercial arbitration, and explain how far it differs with UNCITRAL Model.
6. (a) Execution of Foreign Arbitral Award in Nepal.
(b) Law and practice of Foreign Banking in Nepal.
7. What will be the impact of WTO on the business activities of Nepal by being its member? Discuss.
8. Write Short notes on any THREE of the followings:
a) WIPO
b) Amiable compositeur
c) Anti-dumping regime of WTO
d) Re-privatization
e) Portfolio investment.
Tribhuvan University
2056
LLM/II year/LAW Full Marks: 100
Commercial Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable.
The questions are of equal value.
Attempt any SIX questions.
1. What is the conceptual framework of privatization? Examine the nature and extent of privatization in Nepal in view of the existing policies and laws and their implementation.
2. Review the existing Nepalese intellectual property law from the yardstick of the WTO Agreement on trade- Related Aspects of intellectual property rights.
3. Discuss the meaning, nature and scope of multinational companies. Examine the present status of law governing the existence of multinational companies in Nepal.
4. What is domestic commercial arbitration? Do you consider the existing Nepalese law on arbitration represents a good model of modern domestic commercial arbitration? Discuss.
5. What is international commercial arbitration? Give a brief account of the various international legal instrumentalities of international commercial arbitration.
6. Answer the following:
a) Recognition and enforcement of international commercial arbitral award in Nepal.
b) Essential elements of joint venture agreement.
7. What will be the impact of the WTO on the business activates of Nepal by not being its member? Discuss.
8. Write note on any THREE of the following:
a) Ex aequeo et bono
b) Plurilateral agreements under the WTO
c) Legal status of a foreign technical in Nepal
d) Foreign direct investment
e) WIPO
Tribhuvan University
2057
LLM/II year/LAW Full Marks: 100
Commercial Law Pass Marks: 50
Time: 4 hrs.
Candidates are required to give their answers in their own words as far as practicable. The questions are of equal value.
The questions are of equal value.
Attempt any SIX questions.
1. It is well-settled that a sound and receptive legal frame-work is absolute key to attract FDI. FDI related legislations include general business legislations as well as sectoral laws and regulations additionally, a reasonable administrative set-up functioning courts and a reliable system of enforcement are inevitable for an effective legal framework. Assess the Nepalese FDI legal framework from the given requirements.
2. “Privatization in itself is a complex and subtle process. It is not a panacea or a formula; instead it is an approach which can generate creative polices, methods and procedures of privatization of Nepal from this normative point of view? Discuss.
3. Make a critical evaluation of the industrial property legal regime of patent, design and trade-marks and its role in developing countries with special reference to Nepal in the context of economic development and transnational economic relations.
4. Give a brief review of the major sources of international norms regarding international commercial arbitration and their applicability in the case of Nepal.
In What way the new arbitration Act of Nepal has made an important departure from the previous law? Does this Act confirm the modern requirements of law arbitering international commercial disputes? Do you foresee any shortcomings in the act requiring parliamentary notice for improvement? Respond.
