Saturday, February 16, 2019

BoK lawyers in China to take part in hearing

Kathmandu, Feb. 13

In an effort to expedite recovery of counter guarantee amount from the China Construction Bank (CCB), the Bank of Kathmandu (BoK) Limited has sent a team of legal experts to China to take part in the Chinese court hearing on the case of non-payment of Counter Guarantee issued by the latter to the BoK for the Melamchi Water Supply Project (MWSP). 

The court hearing is scheduled on February 15, 2019. 

The Bank had issued guarantees favouring Melamchi Water Supply Development Board (MWSDB) for USD 6.62 million and Euro 1.4 million against the security of a counter guarantee issued by the CCB on behalf of the Chinese Contractor- China Railway. 

The payment of the guarantee was suspended by the Chinese Court in line with the lawsuit filed by China Railway citing breach of underlying contract between China Railway and the MWSP.  

As per the international law and practice, the guarantee provided to BOK by the CCB is an independent and unconditional obligation of the Chinese bank and Nepal owes to receive this money back from China as per the ICC-URDG (Uniform rules for demand guarantees) law and practice, said BoK. 

“The non-payment of guarantee by China has resulted in a loss of public funds of Nepal as the authorities are expected to extend a helping hand on this recovery process,” said the bank. 

It also said that the recovery of counter guarantee amount from China could be expedited quickly with meaningful intervention from the Government and the banking sector regulator. 

Published in The Rising Nepal daily on 14 February 2019. 

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