Legal Expert: Redrafting the Dispute Settlement Mechanism – Ethiopia Consultancy Full Time

Objective

Elaborate instruments for establishing the dispute settlement mechanism and its institutions in accordance with AU best practices and meet the requirement of article 8.2 of the Yamoussoukro Decision and criteria for selection of arbitrators.

Scope of Work

Undertake a scope study of the need for a dispute settlement mechanism for the Single African air Transport Market and the one in the structure of African Continental Free Trade Area. The study should take into consideration other dispute settlement mechanism with an international obligation, such as the ones under the Convention on International Civil Aviation (the Chicago Convention). The Consultant should also take into consideration multilateral and bilateral agreements between states, including bilateral air services agreements and draw lessons from existing established dispute settlement mechanism.

Carry out consultation with relevant AU organs, AUC offices, RECs, and partners. Indicative list could be the Office of the Legal Counsel, Department of Infrastructure and Energy, Trade and Industry Commission of the AUC, UNECA, the Africa Court of Justice, the African Civil Aviation Commission, the African Airlines Association, Registrars of COMESA, SADC, ECOWAS Courts, the African Human Rights Court, and other Aviation and trade Experts

Specific tasks

• Scope study on the needs for dispute settlement in the aviation sector and trade areas
• Investigate any AU procedure, ad-hoc or official, for the establishment of an arbitration tribunal and develop one in the absence of any such procedure.
• Identify, in consultation with Experts at the AUC departments of Trade, Infrastructure and Energy and the Legal Counsel of the African Union Commission, the needed dispute settlement mechanism. Also consult the Trade and African Aviation Industry experts on needs in particular AFRAA, consult the following RECs – COMESA, SADC, ECOWAS Courts and the African Human Rights Court
• Draft a statutory instrument required to establish the arbitration tribunal of the dispute settlement mechanism and the establishment of the required institutions.
• Redraft a revised dispute settlement mechanism regulation based on existing model. 6. Define criteria for the selection of arbitrators for the dispute settlement mechanism.
• Assist the AUC in organising a validation workshop to validate the drafted instruments and regulations; and. 8. Assist the AUC, where necessary, in organising training workshops relevant existing dispute settlement institutions that could be used.

Minimum Requirements

Qualification

• Candidate must have at least a University Master Degree in business administration, law or a related qualification to law, with a focus on dispute settlement.

Experience

• Minimum 10 years of experience in international and regional development projects with at least 5 years experience working with a regulatory body on air transport multilateral/bilateral air service agreement negotiation or participation in industrial dispute settlement mechanism.
• Knowledge of the Yamoussoukro Decision and the African Union programmes air transport liberalisation will be an advantage.
• Demonstrated Experience in the drafting of legal instrument related to either civil aviation sector or trade;
• knowledge of dispute settlement mechanism in trade in particular application of UNCITRAL rules;
• Relevant practical experience and prior expertise in successfully undertaking similar projects and assignments conducted by the consultant in the development of rules of procedures for dispute resolution for an aviation institution or industry;
• The Expert is expected to have undertaken an extensive review of existing legal documents, instruments, or other material; and identifies important legal issues, inconsistencies, relevant to the above subject and most have conducted extensive legal research and analysis and prepare studies, comparative studies, briefs, reports and correspondence with the view to align both International multilateral and bilateral agreements;
• Knowledge of AU institutions and arbitration mechanisms
• Excellent command of English essential and knowledge of French/Portuguese or Arabic will be an advantage/asset;
• Past work experience with the African Union Commission and/or its specialised institutions – AFCAC and AFRAA is an advantage.
• Proven ability to plan and organise work within a project and independently; ability to make timely decisions.