Commercial Dispute Resolution Specialist

Contract

This is a IPSA-11 contract. This kind of contract is known as International Personnel Services Agreement. It is normally internationally recruited only. It usually requires 7 years of experience, depending on education. More about IPSA-11 contracts.

Background

Instructions to Applicants: Click on the "Apply now" button. Input your information in the appropriate Sections: personal information, language proficiency, education, resume and motivation. Upon completion of the first page, please hit "submit application" tab at the end of the page. Please ensure that CV or P11 and the Cover letter are combined in one file.

Personal CV or P11, indicating all past positions held and their main underlying functions, their durations (month/year), the qualifications, as well as the contact details (email and telephone number) of the Candidate, and at least three (3) the most recent professional references of previous supervisors. References may also include peers. A cover letter (maximum length: 1 page) indicating why the candidate considers him-/herself to be suitable for the position. Three writing samples.

Travel: UNDP will cover the cost of travel of the individual to the duty station, as well as their return to their home upon completion of their services. The Specialist will cover the cost of visa and work permit that UNDP will facilitate.

Office/Unit/Project Description:

Strengthening accountability and tackling corruption are essential pre-requisites for Iraq's long-term stability, economic recovery, and development. Both Iraqi and regional Kurdish governments have recently initiated steps to drive an ambitious anticorruption agenda. However, significant gaps remain in legislative and strategic framework, investigation and adjudication, enforcement and recovery of stolen assets. Iraq adopted in March 2021 the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, but implementation measures are needed. UNDP in Iraq launched a project in May 2021 to support public partners at federal and the Kurdistan Regional Government to improve their capacity and legal framework to combat corruption and conduct commercial litigation.

The project titled “support to justice initiatives curbing corruption and promoting commercial dispute resolution” (hereinafter, Anti-Corruption & Arbitration Initiatives, ACAI) is funded by the European Union for a period of four years. The project works closely with the Prime Minister Office in Baghdad and supports directly the Commission of Integrity, the Higher Judicial Council and the Legal and Integrity Committees of the Council of Representatives. In Erbil, the project follows a similar mechanism of collaboration. Further, the project works with key civil society and investigative media organizations.

The project has the following specific outcomes: (1) Improved Legislative and Strategic Framework for Anti- Corruption Reforms; (2) The justice sector, lawyers and CoI are better equipped to process corruption offences due to (2.1) improved technical skills relevant for corruption investigation, prosecution, adjudication and (2.2) improved integrity rules of the justice sector; (3) Improved capacity and legal framework to conduct commercial litigation through (3.1) better legal framework and capacity building for arbitration and (3.2) further development of the commercial court; (4) Create a climate of support in Parliament for anti-corruption reforms; (5) Increased transparency and public accountability

Institutional Arrangement: The Specialist shall report directly to the Project Manager, Anti-Corruption & Arbitration Initiatives (ACAI), to whom all deliverables should be provided within agreed timelines. The Specialist will closely work with a team a Specialists and management support.

Duties and Responsibilities

Scope of Work

Under the supervision of the Project Manager, the Commercial Dispute Resolution Specialist will support and advise Iraqi and Kurdish Governments to improve the capacity and legal framework for commercial litigation notably by proposing or reviewing legislative documents, producing training material and building the capacity of judges, specialized arbitrators and attorneys on arbitration, setting up an arbitration system and establishing a modern system of hearing commercial disputes. Specifically, the Specialist will undertake the following:

• Review existing legislation to ensure compliance to and adoption into national laws of the UN Convention on the Recognition and Enforcement of Arbitral Awards, the League of Arab States Convention on Commercial Arbitration, the Riyadh Convention on Judicial Cooperation, and the ICSID Convention on
• Investment Disputes; identify the gaps and legislative measures needed;
• Propose legislations to expand the system of commercial courts and their jurisdiction to commercial disputes in line with Iraq’s international obligations and including modern transactions disputes and technology transfer, broadened capacity of the commercial courts to hear judicial-arbitral matters, such as the appointment of the arbitrator and/or the presiding arbitrator, once needed, precautionary measures in arbitration cases, and the enforcement/annulment of the arbitral award
• Draft an arbitration law including clear provisions on the composition of arbitral tribunal, arbitral proceedings, arbitral award, nullity of arbitral award, and the enforcement of international commercial arbitral awards;
• Draft instructions and SOPs to ensure the implementation of proposed enacted laws;
• Design, plan and implement a comprehensive assessment of existing skills, training capacity and training needs in recognition of international arbitration at federal and regional levels;
• Review the judiciary curricula to identify capacity building gaps in commercial dispute resolution; review the capacity of the federal and regional Judicial Training Institutes;
• Map the existing capacity building programmes and trainings on adjudication of commercial disputes including the external technical assistance;
• Ensure ownership and buy-in from the stakeholders notabley from JTIs on assessment, validation of the training needs and capacity development plans;
• Design, develop and determine the appropriate mechanisms of delivery of capacity programmes to enhance the capacity of justice professionals as proposed by the project and agreed with the Judicial Councils;
• Ensure training programmes are designed and delivered in the most sustainable manner notably through existing institutional arrangements within federal and regional Judicial Councils; ensure that newly proposed curricular material is prioritized and used in actual training;
• Deliver training on commercial dispute resolution to judges, specialized arbitrators and attoneys; deliver
• ToR trainings to Judicial Institutes
• Set up a certification system including the drafting of Standard Operating Procedures, proposing IT
• solutions, training of the staff of the centre and mentor the validation process of the arbitrators;
• Set up a training for specialized arbitrators and attorneys in international commercial disputes, with emphasis on some vital and modern types of disputes, such as oil and gas, intellectual property, modern e-commerce transactions, and technology transfer;
• Establish a modern system for hearing commercial disputes, starting from registration of the lawsuit up to the issuance of a final including concluding online sessions, submitting online pleas and/or requests, and submitting evidence and affidavits.
• Ensure learning, capture knowledge and lessons learned;
• Support the communication unit with drafting material for publication on capacity building activities; draft memoranda, talking points, and policy analysis aimed at publicly disseminating;
• Advise on ways to incorporate and apply HRB/ RBM/MDGs approaches in the provision of technical assistance and advisory support
• Support the management team on donor and internal UNDP reporting.

Competencies

Professionalism: Shows pride in work and achievements; demonstrates professional competence and mastery of subject matter; is conscientious and efficient in meeting commitments, observing deadlines and achieving results; is motivated by professional rather than personal concerns; shows persistence when faced with difficult problems or challenges; remains calm in stressful situations. Takes responsibility for incorporating gender perspectives and ensuring the equal participation of women and men in all areas of work.

Communication: Speaks and writes clearly and effectively; Listens to others, correctly interprets messages from others and responds appropriately; Asks questions to clarify and exhibits interest in having two-way communication; Tailors language, tone, style and format to match the audience; Demonstrates openness in sharing information and keeping people informed.

Client Orientation: Considers all those to whom services are provided to be "clients " and seeks to see things from clients' point of view; Establishes and maintains productive partnerships with clients by gaining their trust and respect; Identifies clients' needs and matches them to appropriate solutions; Monitors ongoing developments inside and outside the clients' environment to keep informed and anticipate problems; Keeps clients informed of progress or setbacks in projects; Meets timeline for delivery of products or services to client.

Required Skills and Experience

M****i****n****. Academic Education

Master’s degree in law

M****i****n****. years of relevant Wo****r****k experience

• A minimum of 7 years of progressively extensive experience as an arbitrator.

• Extensive experience and track record in legislative drafting in commercial litigation.

Required skills and c****o****mpetencies

• High analytical skills oriented towards problem-solving

• Ability to engage in substantive legal and technical discussion with public officials

• Track record of training in commercial disputs and arbitration

Desired additional skills an****d competencies

• Experience and knowledge of the Middle-East

• Knowledge of Iraqi judiciary

• Knowledge of modern type of commercial disputes and system of hearings

Required Language(s) (at w****o****r****king level)

• Fluency in English is required. Fluency in Arabic is preferred.