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Legal transition developments
A summary of legal developments that have occurred in the EBRD's countries of operations, during the period January - June 2013. Compiled by the EBRD's Office of the General Counsel.
Conference on Secured Lending
On 4-5 November the EBRD hosted a conference to examine the issues surrounding secured lending in commercial transactions in order to further contribute to reform efforts and disseminate best practices. The conference, that featured expert speakers and was well attended, allowed for discussions around well-known mechanisms, such as warehouse receipts, factoring and financial collateral and how they can serve and support economic growth and encourage cross-border transactions.
Joint EBRD-UNCITRAL workshop on Public Procurement
On 8-10 July, a workshop was organised and hosted by the EBRD UNCITRAL Initiative, a partnership established to improve Public Procurement laws and practices in the EBRD region. To achieve this aim, the EBRD teamed up with UNCITRAL and other partners (the World Bank, ADB, the European Commission, the OSCE and the OECD’s Anti-Corruption Network) to help CIS countries and Mongolia to enhance their procurement regulation.
The workshop was specifically tailored to the needs of three Central Asian governments (Kazakhstan, Kyrgyz Republic and Tajikistan). It aimed at reviewing and discussing draft legislation on procurement by the Kyrgyz Ministry of Finance. It also served as a platform to discuss procurement reform plans in Tajikistan related to the GPA accession process with relevant government regulatory officials and new reform concepts with a delegation from Kazakhstan’s Ministry of Finance.
read more about the EBRD UNCITRAL Initiative
Commercial Law reform conference, Tajikistan
On the 18-19 June 2013 the EBRD sponsored a commercial law reform conference in Khorog, capital of the Gorno-Badakhshan Autonomous Oblast (GBAO) of Tajikistan. The conference was attended delegates from around the country, including the Governor of the GBAO, representatives of the central government, the Director of the Judicial Training Centre, leading judges, bankers and lawyers. The conference discussed how the remote nature of the region has an impact on the local business environment, a number of practical remedies were put forward and the EBRD was able to offer assistance on legal points. In addition the Bank presented an update on the progress of the EBRD Commercial Law Judicial Capacity Building Project.
All conference materials, in Russian and Tajik, will be published on the websites of the Judicial Training Centre and the provincial government of the GBAO.
Astana Economic Forum, Roundtable on corporate governance
The EBRD participated in a roundtable on corporate governance during the Economic Forum that took place in Astana between 21-24 May 2013. The roundtable, entitled 'Modern World Trends of Corporate Governance and current practice' gave the EBRD the opportunity to share views on corporate governance and discuss the major issues affecting the corporate governance framework in Kazakhstan. It is hoped that this discussion will act as as a catalyst to allow for the introduction of amendments and supplements to the legislation of Kazakhstan and the adoption of best practice of corporate governance in the activity of Kazakhstani companies.
EBRD Annual Meeting, Istanbul 2013, Launch of Law in transition
The EBRD annual meeting featured a panel discussion, Financial Law Reform in Transition Countries: From Moscow to Casablanca
Modern and efficient financial and commercial laws are crucial to support transition countries’ financial sector. As transition countries are actively encouraging the development of SME financing, bond and equity markets, the promotion of good corporate governance practice and efficient mechanisms for debt restructuring and debt enforcing. After the discussion the ERBD launched the latest issue of Law in transition was launched at the EBRD's Annual Meeting in Istanbul. Entitled Financial Law Reform in Transition Countries: From Moscow to Casablanca, the aim of this edition was to discuss and contrast financial law reform efforts and challenges across the entire region.
Regional Public Procurement Conference
The EBRD and AfDB jointly hosted a regional conference on public procurement. The conference, held in Marrakesh, Morocco on 22-23 April 2013 launched the EBRD 2012 SEMED Public Procurement Sector Report and the AfDB report on the public procurement system in Tunisia. There were 60 participants from national regulatory authorities from Egypt, Jordan, Libya, Morocco, Mauritania, Tunisia, Sudan and South Sudan. The conference was also attended by representatives of supranational organisations and IFIs, including the World Bank, the UNDP, the EU Commission, the EIB, UNICTRAL and the OECD/SIGMA.
The conference discussions focused on the findings of the EBRD and AfDB assessments and on progress in the public procurement regulatory reforms reported by the countries during the second day of the conference.
Legal roundtable in Tunis
The EBRD organised a roundtable in Tunis on 4 March 2013 The event was hosted by the Central Bank of Tunisia and was dedicated to ‘Access to finance for SMEs and the reform of secured transactions’. The roundtable was structured as a high-level policy dialogue event where the need and opportunity for legislative reform were debated among financial sector participants, with the view to increasing access to finance, especially for SMEs.
The Roundtable was well coordinated with other international institutions, in particular the IFC, the World Bank and the AfDB, thereby conveying the consensus of the international community on the topic. The Tunisian Ministry of Finance and the Ministry of Justice were also represented.
The EBRD has been advising the Central Bank on the current insolvency law reform since June 2012, and has highlighted the need to strengthen the collateral law regime in Tunisia, in particular to help with a better management of the credit risk in SME lending.
Country Law Assessment ('CLA') published
In December 2012 the EBRD published the CLA for Estonia.
Seminar on the Russian derivatives market
On 26 November 2012 the EBRD and P.R.I.M.E. Finance conducted a one-day round-table session with the Supreme Arbitrage Court of the Russian Federation on derivatives instruments, trading, and regulation with a special focus on issues arising in the Russian derivatives market and international complex product cases. Particular attention was paid to issues relating to documentation, close-out netting and standard contracts and terms. The session was attended by judges and relevant staff of the Supreme Arbitrage Court and the Moscow Districts Courts.
EBRD Launches Law in transition online 2012
In October 2012 the latest issue of Lit online was launched at Moscow’s Financial University. Entitled Funding public infrastructure: challenges and horizons, the content is devoted primarily to public-private partnerships (PPPs).
Joint International insolvency conference
On 28-29 June 2012 the EBRD participated in the INSOL Europe Academic Forum, a conference jointly hosted with Nottingham Law School. The theme of the conference was “Too Big to Fail? Large National and International Failures under the Spotlight”. The intention of proceedings was to chart major developments in recent years, particularly in light of the on-going financial crisis, with respect to the insolvency of major components of the banking, business and financial environments. The EBRD was represented at a round-table forum relating to Insolvency reforms in Eastern Europe and Central Asia, which also included the World Bank and Chicago Kent University.
Policy Dialogue Workshop in Baku on enhancing public procurement legislation in Azerbaijan
On 31 May - 1 June, the EBRD In partnership with the Government of Azerbaijan and UNCITRAL hosted a Policy Dialogue Workshop in Baku on enhancing public procurement legislation in Azerbaijan based on the revised UNCITRAL Model Law on Public Procurement. Domestic and international experts discussed public procurement legislation and drafted reform agenda with governmental decision makers and senior procurement officials.
Joint Vienna Institute - Workshop on European Corporate and Household Insolvency
On 8-9th May the EBRD participated in the JVI Insolvency workshop in Austria. The workshop was attended by representatives from the IMF, World Bank and other international organisations. The aims of the workshop was to provide a forum for officials from European countries to share with their peers their experience with corporate and household insolvency law reform and implementation.The EBRD chaired a session relating to Insolvency Practitioners and discussed issues relating to their effectiveness, reputation, profile, regulation, oversight and appointment.
Country Law Assessment ('CLA') published
In May 2012 the EBRD published the CLA for Turkey (415KB - PDF).
Country Law Assessment ('CLA') published
In April 2012 the EBRD published the CLA for Tajikistan.
Country Law Assessment ('CLA') publishe.
In March 2012 the EBRD published the CLA for Romania.
Last updated 28 November 2013