Location : Yerevan, ARMENIA
Application Deadline : 01-Dec-13
Additional Category Democratic Governance
Type of Contract : Individual Contract
Post Level : International Consultant
Languages Required : English
Starting Date : (date when the selected candidate is expected to start) 01-Jan-2014
Duration of Initial Contract : 5 days (3 days at at home location and 2 days in Yerevan(14-15 Feb 2014)) 1 Jan – 21 Feb 2014
Expected Duration of Assignment : 1 Jan – 21 Feb 2014
Background
The EU Advisory Group (EUAG) supports the Government of Armenia in its reform agenda as further detailed in the EU/Armenia Action Plan in the framework of the European Neighbourhood Policy (ENP). The overall objective of the project is to support the Republic of Armenia (RA) in the implementation of Armenia's reform agenda and relevant international commitments assumed by Armenia including through the implementation of the prolonged ENP Action Plan (ENP-AP). The EUAG will achieve these objectives through the continued delivery of an optimal mix of policy, legal and institutional advisory services. The EUAG is funded by the European Union and implemented by the United Nations Development Programme (UNDP) in Armenia. An Advisory Board jointly chaired by the EU Delegation, the Presidential Administration and the National Security Council staff acts as the supervisory body for the programme. The Ministry of Justice intends to make comprehensive amendments to the Civil Code, and has opened discussion in working groups. The chapter in the Civil Code on private international law is, however, not yet being worked on. The introduction of codification of private international law remains a priority for the Ministry of Justice, which has expressed a need for policy advice and support. This gap exists despite the need appearing as a priority in Armenia's Justice Reform Strategy, and remains crucial for developing a good legal environment for investors, aligning Armenia with Europe in the context of further trade, exchange, and investment; and facilitating the development of a regulatory framework for arbitration. The Ministry of Justice has requested the EU Advisory Group to provide advice on the need to codify private international law through the adoption of a separate Law (code) on Private International Law, uniting provisions on private international law that are now spread among the Civil Code, Family Code, and Labor Code, and – if necessary – also in the procedural codes. In doing so, Armenia would be drawing on experiences in some European countries (including Switzerland, Austria, Germany, Belgium, Italy, Bulgaria, Liechtenstein) as well as in countries of the former Soviet Union (Georgia and Ukraine). The EU Advisory Group intends to hold a conference on 14-15 February 2014 on the 'Future Perspectives of Private International Law Codification in Armenia,' at which it requires an additional speaker who can provide specific expertise from Georgia and/or Ukraine, countries which have taken approaches relevant for Armenia. The expert will speak and participate in workshops covering specific topics.
Duties and Responsibilities
The expert shall provide an advance written paper to address the following aspects based on the expert's own experience and observations in Georgia and/or Ukraine:
- The benefits or risks for Armenia to adopt a new code on private international law and possible advantages of a comprehensive codification;
- Whether such a code is achievable in Armenia, and whether and there should be gradual harmonization or simultaneous adoption.
The scope of the new code:
- Which areas of law and subjects it should cover;
- Whether it should address the regulatory framework for arbitration and the recognition and enforcement of arbitral awards;
- Whether, besides the recognition and enforcement of arbitral awards, it should also include procedural aspects; if not, then how these aspects should be incorporated into Armenian legislation;
- How to ensure the new code best improves the climate for Armenia's foreign trade and foreign investment in Armenia;
- The paper will form the basis of presentation by the expert at the conference. The expert will also be expected to take part in specific thematic workshops on the above topics to be organized within the scope of the conference.
Expected deliverables
Under supervision of the EUAG Project Management Specialist and day-to-day guidance of the Policy Advisor on Justice Reforms, the Short Term Expert is expected to produce the following deliverables:
- A paper, to be presented at the conference and available for subsequent distribution, providing specific expertise from European and former Soviet countries with relevant approaches to amending and modernizing legislation on private international law, and specifically to provide recommendations on a new Code on Private International Law, addressing the issues set out above (due date for a copy of the presentation is 17 January 2014 to allow for translation and printing of handout to conference participants); and
- Presentation and further discussion of recommendations in workshops with stakeholders, at a conference (preliminarily scheduled for 14-15 February 2014).
Competencies
- Substantial knowledge of private international law with special focus on Georgia and Ukraine;
- Strong oral and written communication skills;
- Highest standards of integrity, discretion and loyalty;
- Knowledge in working in international technical assistance initiatives.
Required Skills and Experience
Education:
- University education preferably at the post-graduate level in Law.
Experience:
- A minimum of 10 years of relevant work experience in private international law as an academic or practitioner;
- Experience with drafting of legislation;
- Specific relevant experience working in Georgia and/or Ukraine;
Languages:
- Excellent presentation skills in the English language.
UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence.
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