Senior Commercial Counsel
Reference: G_GRE_0446
Location: Grenada
Duration: Two years
Closing Date: 7 Nov 2011
Background
Being a tourism based economy, the Government of Grenada (GoG) continues to pursue, as one of its goals, investments that would create sustainable development and employment for its citizens. Grenada attracts the interest of investors and developers, quite a few of whom seek to engage in discussions and negotiations towards securing large scale development projects and loans to finance the guarantee of those proposed investments. In order to safeguard the best interests of the GoG and the citizens of Grenada there is a need for the GoG to receive legal advice before entering into any agreement with investors. This includes subjecting any agreements to careful legal scrutiny and due diligence.
The work of the Attorney General's Office involves the provision of advice and representation in complex legal matters. Some examples of these include: cross border transactions usually requiring negotiations between the government and foreign investors; negotiating terms of investment and advising on large scale commercial transactions; property transactions; the examination of trademarks which need to be re-registered in Grenada; and, the drafting of legislation on behalf of government.
The current challenges facing the GoG and specifically, the Attorney General's office are:
- Limited human capacity to undertake effective assessment and analysis of existing and future investment proposals;
- Limited negotiation skills to engage with large scale development partners;
- The need to receive sound legal and commercial advice;
- The need for appropriate legal and economic assessment and analysis of investment proposals;
- The need for legal and commercial expertise to handle any legal issues arising out of contracts and any ensuing disputes.
The Purpose
The purpose of this project is to build the institutional capacity within the Attorney General's Office in order to effectively lead and manage current and future investment initiatives.
The stated goal is to enable the Government of Grenada to be better positioned to negotiate and conclude development proposals which foster greater economic growth and development for the country.
Scope of Work
The project will see the placement of one Senior Commercial Counsel within the Office of the Attorney General of Grenada for a period of two years to:
- Provide legal advice and conclude on outstanding investment cases;
- Provide guidance and technical support on existing and incoming investment proposals;
- As part of a Government appointed team, represent the GoG in negotiation fora with investment companies, including legal representation where necessary;
- Provide timely legal and commercial advice to GoG on all investment proposals;
- Develop and implement an approved management framework for the processing and reporting on investment submissions;
- Mentor and train staff primarily within the AG's office, in identified areas including but not limited to: Investment and Commercial contract negotiations; General negotiations techniques; International rules of investment and transnational commercial transactions; Arbitration and; Proposal analysis and assessment. Identified staff within the Ministry of Finance, Works, Tourism, the Grenada Industrial Development Corporation (GIDC) and, relevant stakeholders will participate in identified training interventions.
Outputs/Deliverables:
- Legal advice given on any outstanding investment proposals with recommendations for resolution.
- Investment proposals submitted to government are rigorously assessed and considered.
- Timely legal and commercial advice on all investment submissions provided to GoG within an agreed timeframe.
- Where required and as a member of the Attorney General’s team, legal representation provided on behalf of the GoG, on any outstanding and future investment cases.
- Coordinate with commercial arbitrators in representing the GoG on any outstanding and future investment cases.
- Transparent management framework for the processing of proposals developed and implemented.
- Legal personnel within the AG's Chambers and relevant agencies trained and mentored in the assessment and management of investment proposals under consideration.
Reporting and Transfer of Expertise
The Commonwealth Secretariat attaches particular importance to the transfer of expertise and knowledge to the assigned counterparts within host institutions. The expert appointed will be expected to share their skills and experience with staff of the Office of Attorney General. A comprehensive mentoring programme should ensure that relevant staff has the necessary skills to undertake more challenging assignments with more confidence and less close supervision upon project completion.
Implementation Arrangements
The expert will be based at the Office of the Attorney General for a period of two years reporting directly to the Attorney General in Grenada and the Project Manager, Commonwealth Secretariat. The assigned expert will work primarily with the appointed staff within the Attorney General’s office and other assigned agencies.
Qualifications and Personal Specification
- A minimum academic qualification of a Bachelor’s degree in law in any Commonwealth jurisdiction;
- A Masters degree in international commercial/investment law and/or arbitration or any other Master’s specialization with a commercial/investment/arbitration content would be an added advantage;
- A practising member of the legal profession in any Commonwealth jurisdiction;
- At least 15 years experience as a senior commercial lawyer , acquired within a Commonwealth jurisdiction;
- Experience at a senior level in providing legal advice and expertise on major investment matters;
- Demonstrated pre-eminence or leadership in the field of law and commercial matters;
- Demonstrated expertise in commercial legal analysis;
- Demonstrated experience of successful legal and commercial negotiations;
- Ability to establish priorities, plan, coordinate and monitor own work;
- Excellent interpersonal skills, ability to work in a consultative and collaborative manner;
- Ability to establish and maintain effective partnerships and working relationships in a political environment;
- Evidence of strong training and mentoring skills;
- Strong communication, writing and IT skills;
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