Consultant giving opinion for the guidelines and report on the recognition and enforcement foreign arbitral awards
Organisation: Foreign and Commonwealth Office
Closing Date: 4th November
Location: Vietnam
Duration: 7 days in December 2016
About the Role: The International consultant will be required to travel to Vietnam for one mission, in December 2016 to deliver training lectures and give comments for the Guidelines and draft of Monitoring Mechanism report together with national consultant. This is a paid role.
Apply: To apply for the role please send a CV to before the 4th November
1. Background
The recognition and enforcement of foreign arbitral awards (FAAs) is an important final stage to settle commercial and investment disputes between Viet Nam and foreign enterprises, including the UK’s. This process depends on the implementation of the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) which has been raised as a concerning issue by foreign investors in Annual Vietnam Business Forum and in the UK – Vietnam Joint Economic and Trade Committee (JETCO) Meetings in recent years. The proportion of unsuccessful recognition of FAAs (including a number of UK arbitral awards) in Viet Nam is very high (47%) which caused both direct and indirect negative impacts on the business investment environment.
For those reasons, the UK Embassy has funded the Ministry of Justice of Vietnam (the MoJ) to conduct a project titled “Supporting the implementation of international arbitration standards to increase Vietnam’s economic development through its improved business investment environment”. The aims of the Project are (i) to improve the competence of agencies and people who are involved in the process, especially the MoJ - the National Agency to implement the Convention in Viet Nam and (ii) to encourage a more transparent and effective process of recognition and enforcement of FAAs in Viet Nam. Based on these outputs of the Project, the result of recognition and enforcement of FAAs in Viet Nam will change positively to fully protect the legitimate rights and interests of concerned parties.
To greater extent, it will contribute to the improvement of the international business climate, competitiveness and operation of markets. The aims of the Project fully meet with the core aims of the Prosperity Fund which are supporting sustainable economic growth in recipient countries like Vietnam and creating opportunities for international business, including UK enterprises. Furthermore, supporting Vietnam to enhance the effectiveness in recognition and enforcement of FAAs is one of the agreements made by the UK Government in the JETCO meetings.
2. Project plan
a) A comprehensive report on foreign experience on the enhancement of implementation,
cooperation and supervision in recognition and enforcement of FAAs and lessons for Viet Nam are submitted to the competent authorities (the Minister of Justice, Leaders of other relevant State agencies) for reference in policy making, improving domestic legal system and disseminated to relevant stakeholders.
b) Guidelines for practitioners and stakeholders on recognition and enforcement of FAAs in Viet Nam are developed.
c) A Long-term Action Plan of the MoJ to carry out its tasks as the National Agency to implement the Convention in Viet Nam is developed.
d) A proposal on cooperating and monitoring mechanism of related agencies is submitted to the competent authorities to ensure that recognition and enforcement of FAAs complies with national law and the Convention.
* These Outputs will directly support the MoJ in developing tools to improve its competence, and simultaneously to enhance the capacity of officials, who are involved in recognition and enforcement of FAAs. The results of the project will have long term effects in a sense of the transformation into policies, the development of legal normative documents and practical solutions to intensify the effectiveness of recognition and enforcement of FAAs.
3. Duties
a) Comments in writing for the report on monitoring and collaborating mechanism on recognition and enforcement foreign arbitral awards compliance with the New York Convention 1958
· Evaluating and collecting the international experiences of some countries on recognition and enforcement foreign arbitral awards;
· Reviewing, finding and giving the national model which has good practice on monitoring and collaborating mechanism on recognition and enforcement foreign arbitral awards and option for Vietnam;
· Evaluating on the feasibility of the report's recommendations
· Evaluating of the advantages, difficulties and dealing with the report's recommendations and improve the report.
b) Comments in writing for Guidelines on recognition and enforcement foreign arbitral awards
· Comment on all matters in the Guidelines;
· Evaluating comments in general and detail on each content of the Guidelines;
· Evaluating the impact of the Guidelines during implementing.
· Giving the comments, recommendations to improve the Guidelines
c) Participate and giving comment at the workshop on recognition and enforcement foreign arbitral awards.
· The purpose of the workshop is sharing information and opinions of the judges, bailiffs, prosecutors, lawyers, enterprise, relevant individuals and organizations to improve the Guidelines on recognition and enforcement foreign arbitral awards in Vietnam (the Guidelines).
· The content of workshop: Introduction the draft Guidelines; Comments and suggestions for the draft Guidelines; Recommendation and suggestion to improve the Guidelines.
· Workshop to be held in Ho Chi Minh city
The total working days estimated is 7 work days as follows:
No / Activities / Execution time1. / Comments in writing for the report on monitoring and collaborating mechanism on recognition and enforcement foreign arbitral awards / 2 days
2. / Comments in writing for Guidelines on recognition and enforcement foreign arbitral awards / 3 days
3. / Participate at the workshop / 2 days
Total / 7 days
4. Budget
The budget for international consultant shall be funded by British Embassy under the Project “Supporting the Implementation of International Arbitration Standards to Increase Vietnam’s Economic Development through Improved Business Investment Environment”.
It is proposed that the consultant shall be paid for following expenses:
+ Fee for 07 days (03 days for giving comments in writing on the draft of Monitoring Mechanism; 03 days for giving comments in writing on the draft of Guidelines; 02 days for giving comments at the workshop in Vietnam): fee is negotiable but will not be exceeded 828 GPB/ working days.
+ International economic return air fare: will be paid in accordance to actual payment;
+ Domestic air fare: will be provided by the Project when the consultant arrived in Vietnam
+ Accommodations for 2 nights and comply with UN- EU cost norms 2015 applied in Vietnam (not more than 96 GPB per night).
+ Per Diem for 3 days: 104 GPB/three days during the mission time in Vietnam.
+ Taxi to the airport 4 times): 47 GPB/4times
5. Experiences and qualifications
· Relevant Certificate: Master or Doctor of Law;
· Knowledge in the field of international commercial arbitration, recognition and enforcement arbitral awards according to the New York Convention 1958;
· Participated in resolving disputes by arbitration;
· Having experiences in consultant in some countries, such as Singapore, France, on recognition and enforcement foreign arbitral awards;
· Publishing at least 3 scientific researches on recognition and enforcement foreign arbitral awards.
· The other professional skills to support tasks:
· Having independent skill in research;
· Ability to research, presentation skills, report writing;
· Ability to speak and write good in English;
· Professionals are responsible for the project's products under their charge.