Commercial Law

Commercial law is one of the main deficit areas in transition economies and in countries seeking to move up the economic value chain. Globalization has vastly expanded the need for competence in this field. A sound knowledge and practice of commercial law facilitates economic integration. It enables poorer nations to secure better terms in international or bilateral trade agreements, and empowers resource-rich ones to handle large foreign investment flows. Where investment is scarce, commercial law capacity encourages it by improving the overall business climate.

In Court: The Challenge of Commercial Law

Unless it boosts capacity in commercial law, Mongolia risks discouraging inward investment, not least in the vital mining sector. To avoid this happening, IDLO has been working with Mongolia's Supreme Court and Judicial General Council to improve the courts' ability to apply commercial law. In particular, we have ensured that 24 Mongolian judges are equipped to train their peers in areas such as mining disputes, intellectual property and competition law.

Post-Trial: Making Court Decisions Stick

Mongolia’s investment climate is chronically undermined by poor enforcement of rulings. In an effort to improve the enforcement rate, IDLO has been helping strengthen the Mongolian General Executive Agency of Court Decisions by building the capacity of more than 200 bailiffs (12 of them bailiffs-trainers) in areas including sale and seizure of property, mediation and international arbitration, and conflict management.

Aligning Montenegro with EU Practices

IDLO has concluded a series of workshops on Competition Law in Montenegro – part of continuing efforts to support the country as it prepares for EU accession. The area has historically been seen as a weakness. Ten participants from the Agency for the Protection of Competition and the Chamber of Commerce joined the interactive, case-oriented workshop.

Montenegro: Further Steps Towards EU Compatibility

The EU has called on candidate country Montenegro to intensify efforts to consolidate the rule of law, fight organized crime and reduce corruption.

Director-General Meets Mongolian President to Boost Ties

IDLO Director-General Irene Khan met Mongolian President Tsakhiagiin Elbegdorj and Minister of Foreign Affairs Purevsuren Lundeg in Davos, Switzerland on 22 January 2015, to strengthen collaboration.

Montenegro: Bolstering Competition

In its latest report on Montenegro’s progress towards EU membership, the European Commission has highlighted the need to strengthen the capacity of the country’s agency tasked with enforcing competition law. Cartels and abuse of dominance, the report suggests, are challenges that remain overlooked.

Yemen Team-Up Cements Italy-IDLO Bond

The Italian Justice Minister, Andrea Orlando, has expressed strong interest in reinforcing his Ministry’s cooperation with IDLO. Mr. Orlando’s comments came as he met IDLO Director-General Irene Khan to discuss judicial and legal capacity development in Yemen. It was the highest-level encounter between the Italian Ministry of Justice and IDLO in some years.

Rooting the Rule of Law in Mongolian Soil

There was not much Roman sun, IDLO Director-General Irene Khan observed, to welcome a senior Mongolian delegation earlier this week. But it was still an improvement on the harsh winter of Ulaanbaatar – and indeed, some visitors could be seen enjoying the weather’s relative clemency during a coffee break.

Legal Resources for the Tajik Economy

In 2011, IDLO opened an office in Dushanbe, with the stated aim of giving the entire Tajik judiciary a grounding in commercial law. To this end, we have partnered with the Supreme Court of Tajikistan, the Council of Justice and the Judicial Training Centre (JTC). The country, which is negotiating access to the World Trade Organization, has received minimal foreign investment to date. We are building the capacity of Tajik judges on topics including property rights, land contract and privatization disputes, creditor rights and secured assets, and corporate governance.

Promoting EU Readiness in Montenegro

In late 2010, Montenegro was officially recognized as a European Union candidate country. Two years later, formal talks opened. As Montenegro negotiates accession, IDLO has been working to expand the capacity of the country’s judiciary in commercial law, and to improve familiarity with EU standards. We have collaborated with the Judicial Training Centre (JTC), Montenegro’s only national institution dealing with the professional education of judges, and provided practical training on competition law and intellectual property.

Key Initiatives

Evaluation of the project “Implementation of a Commercial Law Judicial Training Program in Tajikistan”

As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Implementation of a Commercial Law Judicial Training Program in Tajikistan” (2011-2014). The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit. This exercise utilized a theory-driven, mixed-method approach, in line with the IDLO Evaluation Guidelines and OECD DAC standards.
Evaluation of the project "Commercial Law Judicial Capacity Building in Mongolia"

As part of IDLO’s continuous commitment to accountability and results-based management, IDLO is pleased to share this Evaluation Brief (summarised evaluation report): “Commercial Law Judicial Capacity Building in Mongolia”. The evaluation has been conducted by independent evaluation experts, supervised by IDLO’s Evaluation Unit.