Commercial Dispute Resolution Analyst- NPSA9

Strengthening accountability and tackling corruption are essential for Iraq's long-term stability, economic recovery, and development. 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. In March 2021, Iraq adopted the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, but implementation measures are needed. 

In May 2021, UNDP in Iraq launched the project “support to justice initiatives curbing corruption and promoting commercial dispute resolution” (hereinafter, Anti-Corruption & Arbitration Initiatives, ACAI) funded by the European Union for a period of four years. The project outcomes are: (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) 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.
 

• Advisory Support: Support the Commercial Dispute Resolution Team Lead on identifying and developing policy/legislative and practical/operational/institutional measures in the field of commercial (investment) dispute resolution; Produce quality analysis and advice through gathering and verifying information using a variety of tools including legislative analysis, interviews/conversations, caselaw research, media reports, official documents, observations, etc.; Identify gaps in legal knowledge, research and analysis including areas that require external expertise. Provide feedback and inputs on legislative and policy reforms, concept notes and bills related to arbitration, mediation, and civil/commercial pleadings/litigation procedure, investment legislation, as well as enforcement system and proceedings.

• Research, Analysis and assessment: Support the Commercial Dispute Resolution Team Lead in conducting research and assessment of existing legal framework and practices related to commercial (and investment) dispute resolution in Iraq and KRI, as well as of legislations of other countries and of best international practices in this regard. Contribute to the conduct of assessments, analysis of findings, reporting and presentations; Undertake analysis of laws, regulations, orders, judicial decisions and any existing reports in this regard. Support the communication unit with drafting material for publication on legislative issues; draft memoranda, talking points, and policy analysis aimed at public dissemination. 

• Stakeholder engagement: Liaise with and maintain strong relationships with the relevant institutions, notably the judiciary, parliament, ministries, investment commission, arbitration institutions, bar association, business sector, to ensure their cooperation, buy-in, access, and support for the implementation of the project activities; Build trust, communicate and work closely with all the stakeholders in the implementation; Identify the appropriate levels of interaction with stakeholders and advice the project management on sustaining dialogue and cooperation with them.

• Facilitation of workshops and conferences: Support the organization of workshops, conferences and public events including the logistics, design, clerical support and translation; Contribute to identifying the participants, speakers, presenters and moderators; Support with the procurement, admin and financial processes to ensure timely holding of workshops and conferences; Support the technical assistance team in taking the minutes during the workshops, documenting for communication, M&E and reporting purposes; Identify challenges and risks for holding of events at design, implementation and reporting phases. Where appropriate and consistent with expertise, and under the guidance of Commercial Dispute Resolution Team Leader, co-teach/co-facilitate workshops and trainings.

• General management support: Ensure timely implementation of the project work plan; Ensure timely and adequate reporting against plans, including timely and articulate progress reports; Manage day to day administrative matters for the project with support from administrative staff and the performance of contractors, consultants and specialist advisers; Assist with recruitment and engagement of other national and international experts, including drafting of scope of work and providing substantive and logistical support; Provide limited translation & interpretation support to international experts and Commercial Dispute Resolution Team Lead. 

  Institutional Arrangement

The Commercial Dispute Resolution Specialist shall report to the Commercial Dispute Resolution Team Lead.