Description

The Investment Support Programme for Least Developed Countries provides on-demand legal and other expert technical assistance and capacity building services to address constraints that Least Developed Country governments and eligible state-owned or private sector entities face in investment relationships with foreign counterparts. This assistance is provided at no cost to the beneficiary. The programme is a collaboration between the International Development Law Organization and the UN Office of the High Representative for Least Developed Countries, Landlocked Developing Countries and Small Island Developing States.

Negotiation Support General

Regional focus:

All Least Developed Country governments and wholly state-owned enterprises are eligible to request assistance. Furthermore, the programme is designed to assist resource constrained private sector entities as well.

Assistance criteria:

The only criteria is that the matter be investment-related and the request come from a Least Developed Country government or related entity.

Sector focus:

Assistance is offered under the broad category of ‘investment-related issues.’

Types of expertise:

Legal and other investment related expert assistance provided on a demand-driven basis at no cost to beneficiary.

Number of in-house experts:

N/A – assistance is provided by internationally recognized experts on a pro bono basis.

Fee/non-fee based support:

Non-fee based

Speed of response:

The direct assistance is designed to be rapid in addressing the immediate needs of the beneficiary for investment litigation and negotiations support. The programme also provides complementary training on a demand driven basis.

Types of negotiation support

Setting the Legal & Policy Framework Stage:

• Formulation of government policies and strategies (short term and long term)
• Reform of legislative and regulatory frameworks
• Sector-wide analyses

Pre-Negotiation Stage:

• Project feasibility studies
• Environmental and/ or social impact assessments
• Tender documents
• Model contracts
• Financial structure

Contract Negotiation Stage:

• Development of a negotiation position/ strategy
• Assembly of a negotiation team
• Participation in contract negotiations
• Review of contractual provisions

Implementation & Monitoring Stage:

• Contract monitoring
• Monitoring of compliance
• Dispute resolution
• Arbitration
• Grievance mechanisms