International Development Law Organization

Investment Support Programme | What assistance is provided?

 

What assistance is provided under the ISP/LDCs?

The programme seeks to address the capacity constraints that LDC governments and eligible state-owned or private sector entities ('the Client') may face in investment relationships with foreign counterparts through lawyers and experts, who will provide support on a pro bono or reduced-fee basis.

 

The Programme provides on-demand legal and other technical assistance to the Client for:

1. Foreign investment-related negotiations, including negotiations of agreements and contracts between the Client and a foreign entity; and/or

2. Foreign investment-related dispute settlement between the Client and a foreign entity, including arbitration or any other alternative dispute resolution proceeding.

In all cases, the Expert(s) shall provide professional advice on issues under consideration to help the Client assess options, interests, priorities and strategies, and weigh the trade-offs that may be involved when goals conflict.

The following indicative list is illustrative of the types of support that a Client may request; depending on the circumstances, Clients may seek assistance for:

Investment-related negotiations
  • Reviewing the feasibility of a proposed investment project between the Client and a potential foreign investor, and conducting related evaluations and assessments;
  • Preparing contract negotiation positions;
  • Preparing tender documents and managing tendering processes (where contracts are to be awarded through a competitive process);
  • Preparing financial structures for the operation and management of a proposed project;
  • Drafting and negotiating contractual provisions;
  • Selection of the dispute settlement method, which may include arbitration of disputes before an institution or ad hoc;
  • Preparing and assisting in negotiations on Bilateral Investment Treaties (BITs) or other investment-related agreements and strengthening the capacity of beneficiary officials active in this field.

Investment-related dispute settlement
  • Advising and/or representing the Client in existing or potential arbitration, mediation or negotiation proceedings, and in the enforcement (or challenge) of an award;
  • Selecting arbitrators;
  • Preparing submissions (e.g., drafting and finalizing the various pleadings to be filed for the settlement of disputes);
  • Attending arbitration hearings;
  • Preparing and examining evidence.

 

FLYER: Programme outline

1. English Download

2. Français Download

     
STEP ONE: Who is eligible

    
Contact us for information

    
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