Commercial Dispute Resolution Analyst- NPSA9

Background

Diversity, Equity and Inclusion are core principles at UNDP: we value diversity as an expression of the multiplicity of nations and cultures where we operate, we foster inclusion as a way of ensuring all personnel are empowered to contribute to our mission, and we ensure equity and fairness in all our actions. Taking a ‘leave no one behind’ approach to our diversity efforts means increasing representation of underserved populations. People who identify as belonging to marginalized or excluded populations are strongly encouraged to apply. Learn more about working at UNDP including our values and inspiring stories.

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

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.
Duties and Responsibilities

Under the supervision of the Commercial Dispute Resolution Team Lead, the Commercial Dispute Resolution Analyst will provide support and implement the program activities to introduce/develop/improve arbitration, mediation and commercial dispute resolution law and practice in Iraq and Kurdistan Region of Iraq (KRI) by following:

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.

Competencies

Core
Achieve Results: LEVEL 1: Plans and monitors own work, pays attention to details, delivers quality work by deadline
Think Innovatively: LEVEL 1: Open to creative ideas/known risks, is pragmatic problem solver, makes improvements
Learn Continuously: LEVEL 1: Open minded and curious, shares knowledge, learns from mistakes, asks for feedback
Adapt with Agility: LEVEL 1: Adapts to change, constructively handles ambiguity/uncertainty, is flexible
Act with Determination: LEVEL 1: Shows drive and motivation, able to deliver calmly in face of adversity, confident
Engage and Partner: LEVEL 1: Demonstrates compassion/understanding towards others, forms positive relationships
Enable Diversity and Inclusion: LEVEL 1: Appreciate/respect differences, aware of unconscious bias, confront discrimination

People Management: N/A

Cross-Functional & Technical competencies (insert up to 7 competencies)

Thematic Area Name Definition
Business Development Knowledge Generation Ability to research and turn information into useful knowledge, relevant for context, or responsive to a stated need.
Business Management Communication Ability to communicate in a clear, concise and unambiguous manner both through written and verbal communication; to tailor messages and choose communication methods depending on the audience
Legal Legal Analysis Ability to digest a large amount of information and facts in order to frame and understand an issue, apply the legal framework to the particular set of facts and present a coherent and comprehensive analysis of the situation presented in order to deliver practical and meaningful advice. This skill includes the ability to provide an objective assessment of the case, the organization's best arguments for proceeding and a recommended course of action. It also includes the capacity to think creatively and flexibly, within the applicable legal framework
Digital Innovation Data literacy Ability to use a mix of data sources (quantitative, qualitative or real-time techniques) to develop understanding, identify patterns to inform decision making or identify opportunities for further exploration
Ethics Legal Analysis and Report Writing Ability to apply legal analysis to a diverse range of complex issues, and express themselves clearly; ability to communicate well, to all levels of staff and contractors/consultants, governments et.al.
2030 Agenda: Peace Governance

Transparency and Anti-Corruption

 

Required Skills and Experience

Education:
Min. Education requirements

Master’s degree in law, international business law or dispute resolution or a similar field. Bachelor’s degree in the same field with additional 2 years of relevant experience may be accepted in lieu of the master’s degree.

Experience:
Min. years of relevant work experience

Minimum of 2 years with master’s degree, or 4 years with bachelor’s degree of relevant experience in commercial law, commercial litigation and/or non-judicial dispute resolution proceedings (arbitration, mediation)

Required skills

Training in international commercial arbitration
Solid legal writing skills
Experience with and/or knowledge of the judiciary in Iraq.

Desired skills in addition to the competencies covered in the Competencies section

Experience in engaging in substantive legal and technical discussion with public officials.
Training in mediation skills
Experience in participation and/or organization of student moot competitions.
Experience in working with the UN or similar international organizations will be an asset.

Required Language(s)

Fluency in both English and Arabic is required.