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 Frameworks for Anti-Corruption; (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) Enhanced legislation, institutions, and capacity for commercial arbitration through (3.1) Enhanced access to ADR mechanisms through reformed legal framework compatible with domestic needs, best practices, and international conventions, (3.2), Modernized commercial courts, enforcement departments, and arbitration and mediation centers in structure, proceedings, and practices, and (3.3) Enhanced capacities of judges, selected public servants, local arbitrators, and mediators, and increased awareness of ADR among academics, legal and business societies; (4) Create a climate of support in Parliament for anti-corruption reforms; (5) Increased transparency and public accountability.
Under the supervision of the Project Manager, the Alternative Dispute Resolution Specialist will support and advise federal and Kurdistan Region’s public institutions to improve the capacity, institutions and legal framework for alternative dispute resolution notably by proposing or reviewing legislative documents, producing training material and building the capacity of judges, specialized arbitrators and attorneys on arbitration, setting up instutitional mechanism including an arbitration system and establishing a modern system of hearing commercial disputes. Specifically, the Alternative Dispute Resolution Specialist will undertake the following:
1. Enhance access to Alternative Dispute Resolution mechanisms through:
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- Support Government of Iraq (GOI) and Kurdistan Regional Government (KRG) in drafting or revising commercial arbitration bill or existing arbitration rules and all related legislation to be compatible with New York and ICSID Conventions, UNCITRAL Arbitration Rules, best practices, and local needs;
- Support GOI and KRG in drafting code of conduct for arbitrators and mediators;
- Support GOI and KRG in establishing standards and regulations for licensing arbitration and mediation institutions in Iraq, and rules for accrediting and disqualifying arbitrators;
- Advocate GOI on joining Singapore Convention for Mediation and the Recognition of Mediation Settlements;
- Support GOI and KRG in drafting legislations for mediation in compliance with Singapore Convention and the UNCITRAL Mediation Rules;
2. Support institutional development by:
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- Advise on establishing or restructuring commercial courts with expanded subject matter jurisdiction;
- Advise on modernizing Commercial Courts’ proceedings and set up case management conference and system;
- Support the government in establishing commercial enforcement departments under the Judiciary, and modernizing their procedures for enforcing arbitral awards and mediation settlements;
- Support the arbitration and mediation centre in drafting modern rules and proceeding to conduct arbitration and mediation
3. Enhance the capacity of key stakeholders
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- Provide training workshops for judges and selected public servants on New York and Singapore Conventions, international arbitration courts, the modern arbitration and arbitral awards enforcement rules, and newly created operating procedures at courts or enforcement departments;
- Make available syllabus and design training programmes on arbitration and mediation conventions for Judicial Institutions;
- Design and deliver Training of Trainers programmes;
- Provide training for arbitrators and mediators on modern arbitration and mediation procedures and codes of conduct;
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- Help two universities from Baghdad and Erbil to build affiliations with EU and American universities to teach arbitration law as a mandatory course in the curriculum of the law schools, and optional to engineering, finance, and business management schools;
- Create climate of support in parliament for arbitration and mediation by providing training workshop on New York and Singapore Conventions and the new arbitration bill incorporating UNDP reform recommendations;
- Arrange for virtual educational visits to ICSID, ICC, London Court for International Arbitration, Hong Kong International Arbitration Centre, Singapore International Arbitration Centre and Singapore Commercial Courts for Judges and Public Servants managing Iraq’s arbitration cases with international institutions;
- Create awareness among legal and business associations about informal justice mechanisms and make it part of their continuing education requirements for members;
- Launch public education campaigns using traditional and new media to introduce the new laws and raise awareness on the right to access informal justice mechanisms focusing on young and women entrepreneurs;
4. Learning, communicating on success and reporting
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- Ensure learning, capture knowledge and lessons learned;
- Support the communication unit with drafting material for publication on capacity building activities; draft communication material and analysis aimed at publicly disseminating;
- Advise on ways to incorporate and apply HRB/ RBM/SDGs approaches related to alternative dispute resolution
- Support the management team on donor and corporate UNDP reporting.
Institutional Arrangement
The Alternative Dispute Resolution Specialist shall report directly to the Project Manager, Anti-Corruption & Arbitration Initiatives (ACAI), to whom all assignments should be provided within agreed timelines. The Alternative Dispute Resolution Specialist will closely work with a team of Specialists and management support.
| Core: |
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| Achieve Results: |
LEVEL 3: Set and align challenging, achievable objectives for multiple projects, have lasting impact |
| Think Innovatively: |
LEVEL 3: Proactively mitigate potential risks, develop new ideas to solve complex problems |
| Learn Continuously: |
LEVEL 3: Create and act on opportunities to expand horizons, diversify experiences |
| Adapt with Agility: |
LEVEL 3: Proactively initiate and champion change, manage multiple competing demands |
| Act with Determination: |
LEVEL 3: Think beyond immediate task/barriers and take action to achieve greater results |
| Engage and Partner: |
LEVEL 3: Political savvy, navigate complex landscape, champion inter-agency collaboration |
| Enable Diversity and Inclusion: |
LEVEL 3: Appreciate benefits of diverse workforce and champion inclusivity |
| Thematic Area |
Name |
Definition |
| Business Direction & Strategy |
Negotiation and Influence |
Ability to reach an understanding, persuade others, resolve points of difference, gain advantage in the outcome of dialogue, negotiates mutually acceptable solutions through compromise and creates win-win situations |
| Legal |
Legal writing skills |
The ability to analyse fact patterns and present argumentation in written form. This includes the ability to draft memoranda, legal briefs and other submissions to external parties, in both an advocacy and objective format, and legal opinions. It also includes the ability to convey legal analysis and recommendations to internal parties in written form, with a particular view towards communicating for the particular audience who may not be a lawyer or have legal background. |
| 2030 Agenda: Peace |
Peace Rule of Law, Security and Human Rights |
Development of Institutions in Justice Sector |
| 2030 Agenda: Peace |
Peace Rule of Law, Security and Human Rights |
ROL for Economic Recovery |
| 2030 Agenda: Peace |
Governance |
Constitution/ Legislative drafting |
| 2030 Agenda: Peace |
Governance |
E-Government |
| 2030 Agenda: Partnerships |
SDG Finance |
Trade and globalisation |
| Min. Academic Education |
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| Min. years of relevant Work experience |
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| Required skills and competencies |
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| Desired additional skills and competencies |
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| Required Language(s) (at working level) |
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