EURASIA PARTNERSHIP FOUNDATION

TERMS OF REFERENCE

Arbitration and mediation international expert

 

Application Deadline: 28 January 2020

Type of Contract: Individual Service Contract

Languages Required: English  

 

1. About the organization

Eurasia Partnership Foundation (EPF) is one of the influential CSOs based in Yerevan, Republic of Armenia, with more than 20 years of experience in program implementation, grant making, and cooperation with civil society. EPF’s mission is to empower people to effect change for social justice through hands-on programs, helping them to improve their communities and their own lives. EPF has built networks of young leaders and community CSOs all over Armenia. EPF works on human rights, conflict transformation and peace-building, civil society building, support to youth engagement and empowerment, support to local media, advancement of religious tolerance and building awareness on corruption and conflict of interest.

2. Background

EPF is conducting “Partnership for Justice Reform” project in the Republic of Armenia, which is aimed at contribution to the judicial reform through strengthening capacities of civil society, National Assembly and law enforcement in order to improve the efficiency of courts, ensure public oversight and establish cooperation platforms. One of the objectives of the project is to strengthen the alternative dispute resolution mechanisms in the Republic of Armenia.

In 2006 Armenia adopted the Law on Commercial Arbitration. It provides a framework for the conduct of domestic and international commercial arbitration. There are several arbitration bodies operating in the Republic of Armenia, however, the practice of using arbitration as a dispute settlement mechanism is quite low. In 2018 Armenia adopted the Law on Mediation, which has created a legal platform for further expansion and development of this method of alternative dispute resolution in the Republic of Armenia.

The Justice Reform Strategy of 2019-2023 of the Republic of Armenia provides for actions to improve Arbitration and mediation (hereinafter; ADR) practice in Armenia, which shall include, inter alia, stipulation of the cases of compulsory mediation by the Civil Procedure Code, improvement of the system of assigning the mediator, establishment of arbitration centers, raising public awareness about ADR mechanisms.

3. Objectives

The objective of this TOR is to carry out a research on international best practice of ADR mechanisms.  Within the framework of the Project a study of national legal framework and practice and international best practice of alternative dispute resolution (in particular arbitration and mediation mechanisms) shall be conducted.

National legal framework and practice shall be studied by national expert team, and international best practice (e.g. Balkans’ experience) shall be studied by international expert.

4. Scope of Work:

• provide feedback on the questionnaires prepared by national experts for the research of the national context;
• review of the international best practice of arbitration and mediation. The review should include information about arbitration centers, it should identify the means of increasing trust with ADR system, making it more effective and widely used;
• provide feedback on the research conducted by national consultants;
• develop policy recommendations based on international best practice and the research of the national context;
• visit to Yerevan and presentation of the report.  

The research should be in English and based on the desk review. The deliverables provided by the international expert shall be consolidated by national experts, the consistency of the recommendations shall be ensured through cooperation of the national expert team and the international expert.

Deliverables	Deadline
Feedback on the questionnaire developed by national experts for the research at national level	10 February
Review of the international best practice of arbitration and mediation, including international practice of the operation of arbitration centers (types, functions, etc)	15 March
Feedback of the research on ADR in Armenia conducted by national consultants	20 March
Development of policy recommendations based on the international best practice and research of the national context in cooperation with the national experts’ team	25 March
Visit to Yerevan and presentation of the report	15 April

Please note that the mentioned deadlines are preliminary and may be subject to change.

5.  Budget:

Daily rate of payment will be based on qualification and experience of the consultant.

6. Required skills and experience:

• Master’s degree or higher in law, social sciences, or any other related field;
• proven track record of at least 5 years of working experience in projects related to ADR, legal research and analysis;
• experience of working with international donor organizations on short-term consultancies will be an asset;
• excellent analytical and research skills; including proven legal study and analysis skills; demonstration of social research methodologies is an asset
• excellent communication skills (spoken and written);
• good interpersonal skills and ability to work in and with teams;
• excellent English skills (both written and verbal);
• ability to set priorities and manage time effectively.

7. Documents to be provided in English: 

• a detailed CV;
• a detailed motivation letter highlighting the relevant experience;
• methodology, and proposed countries for research;
• an example of previous relevant work (legal opinion, research paper, etc.);
• financial offer.

The documents should be sent to [email protected], “International Expert” in the subject line by 28 January 2020.