Project Description
This technical cooperation project will aim to provide assistance to the Judicial General Council of Courts of Mongolia (JGC) to implement a second phase of the EBRD Commercial Law Judicial Capacity Project (‘CLJC Project’) conducted from 2012 to 2014, which trained 200 judges in 9 modules of commercial law. The new project will assist the Mongolian authorities to extend the training to the remaining 165 judges in the countries, using the trained trainers, materials and resources established during the CLJC Project. The EBRD Judicial Decisions Assessment, conducted in 2012 and 2013, showed that the quality of judicial decisions in commercial matters in Mongolia was among the poorest in the EBRD region. Following policy dialogue with the Supreme Court of Mongolia concerning the training needs of Mongolian judges, the Legal Transition Team (‘LTT’) initiated a commercial law judicial capacity project, directed at improving the ability of Mongolian judges to deal effectively with business disputes. Based on a thorough needs assessment, LTT developed a training programme under which 200 judges (approximately half the judges in the country) will be training in the nine modules by local judge trainers who will undergo a ‘training of trainers’ (‘TOT’), together with input from international experts in the relevant areas. Twenty four local trainers underwent this TOT, and prepared course handbooks for the nine modules. Training was implemented in 2013 - 2014. In June 2015, the JCG approached LTT with a request for further assistance in order to extend the training of the CLJC Project to the remaining 160 judges in Mongolia. For LTT it is important that any future work emphasise the sustainability of the commercial law judicial training arrangements in the country. Accordingly, in its discussions with the JCG concerning its request, LTT has suggested an approach which would devolve much greater responsibility to the JCG for organising and implementing the training, with a view to the JGC running repeat courses independently as may be necessary in future years (e.g. for new judges). The proposed new phase of the project will make maximum use of the 24 local judge trainers and the handbooks, with little involvement of international subject matter experts. However, LTT support remains necessary, particularly in light of the fact that the JGC is still relatively new to the task of organising judicial training, having taken over this responsibility from the Supreme Court only 2 years ago.
The project is consistent with the 2015 Country Strategy for Mongolia, which states that, in support of the rule of law and Mongolia’s general business environment, the Bank will continue to provide legal transition support to create a commercial law curriculum to improve the understanding of Mongolian judges of commercial law issues. It is also compatible with the Legal Transition Team Action Plan 2012-15, which contemplates the implementation of commercial law judicial training projects.
Project Objectives
Sustainably improved ability of Mongolian judges to deal effectively with cases relating to commercial law.
TC Recipient Information
The counterpart would be the Judicial General Council of Courts of Mongolia (JGC,) director of administration will be the key contact.
Project Cost
€ 375,000
Funding Summary
The assignment under the project is expected to be funded through EBRD-managed donor funds.
Any competitive selections for business opportunities relating to this project will be published on the EBRD's website: Consultancy Procurement Opportunities.
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