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Counsel (Sovereign and Public Private Partnership) / 210431
Asian Development Bank (ADB)
Office of the General Counsel
Grade: IS 4, Unspecified
Job Expired 22 Sep 2021
Expired
Added 1 month ago
Job Description

IMPORTANT INFORMATION:

Close relatives1 of ADB staff, except spouses of international staff, are not eligible for recruitment and appointment to staff positions. Applicants are expected to disclose if they have any relative/s by consanguinity/blood, by adoption and/or by affinity/marriage presently employed in ADB.

1Close relatives refer to spouse, children, mother, father, brother and sister, niece, nephew, aunt and uncle

Staff on probation are not eligible to apply. Applicants for promotion must have served at their position for at least one year and must have normally served at their personal level for at least two years immediately preceding the date of the vacancy closing date. Applicants for lateral transfer must have served at their position and personal level for at least one year immediately preceding the date of the vacancy closing date (reference A.O. 2.03, paragraphs 5.8 and 5.9).

In the event that the staff appointed to a new category (i.e. from AS to NS, or from NS to IS) is rated at 2 or lower in the first two performance reviews after appointment at the new level, they will return to the level occupied immediately prior to their appointment in the new category.

Overview

Asian Development Bank (ADB) is an international development finance institution headquartered in Manila, Philippines and is composed of 68 members, 49 of which are from the Asia and Pacific region. ADB is committed to achieving a prosperous, inclusive, resilient, and sustainable Asia and the Pacific, while sustaining its efforts to eradicate extreme poverty. ADB combines finance, knowledge, and partnerships to fulfill its expanded vision under its Strategy 2030.

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ADB only hires nationals of its 68 members.

This position is assigned within Office of the General Counsel (OGC), ADB’s legal department. OGC is responsible for providing legal and policy advice to ADB’s Board of Directors, its Management and client departments on operational and administrative matters, and advises on methods to limit ADB’s risk exposure appropriately. It prepares or reviews documents that create and define the legal rights or obligations of ADB, including financing and investment contracts.

To view ADB Organizational Chart, please click here.

The position title on appointment is “Counsel”.

Job Purpose

The Counsel supports OGC in achieving its key result areas by providing legal advice and documentation support to one or more of the following activities: processing and administration of loan, grant and technical assistance (TA) projects; public private partnership (PPP) projects and transaction advisory services (TAS) mandates; law, policy and reform; and the resolution of disputes arising from ADB-financed projects and TAS mandates. Works within broad policies and objectives, working directly with clients and with supervision for critical tasks. The incumbent will report to the Assistant General Counsel and will supervise National and Administrative Staff.

Responsibilities

a. Operational Support

  • Provide support in the processing, negotiating, and administering of ADB sovereign finance projects.
  • Draft legal documentation for such projects.
  • Assist in problem solving and mitigate legal risk for ADB.
  • Provide support to ADB’s Office of Public-Private Partnership (OPPP) for its transaction advisory services for PPP projects.
  • Serve as project counsel for OPPP-led TAS mandates counseling governments on structuring, implementing, procuring and financing PPP projects, and where appropriate, participate in transaction structuring discussions with internal client or external government client.
  • Prepare, review and comment on draft transaction documents prepared together with external legal counsel: bidding documents (e.g., prequalification documents, requests for proposals, etc.); concession agreements and project related agreements (e.g., concession agreement, power purchase agreement, operations and maintenance agreement, etc.); government support agreement; financing documents, including direct agreements; and other contracts, in all cases to ensure appropriate risk allocation, bankability, and compliance with ADB policies and practices;.
  • Where appropriate, provide assistance to advisory team and government client following commercial award and to achieve financial close.
  • Manage selection of and supervise external legal counsel.
  • Engage in advocacy and capacity development for PPP arrangements.
  • Work with AGC and other OGC team members and PPP working group on development of new guidance paper and other key policies, regulations, and guidance with respect to TAS operations and other PPP activities, and provide legal advice on same to internal clients.
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b. Law, Policy and Reform

  • Assists in the development of policy, legal, regulatory, and institutional frameworks within ADB and its DMCs to facilitate, guide and manage the development of PPPs and other forms of private sector participation in infrastructure development and financing (if applicable).
  • Contribute to initiatives to mainstream law, policy and reform activities, and the development and implementation of these projects.

c. Procurement Support

  • Provide legal advice on procurement and consulting issues as appropriate.

d. Knowledge Sharing

  • Participate in and contribute to relevant internal and external training and conferences and other activities for advocacy, dissemination and knowledge building.
  • Asist with development of template documents (concession agreement, prequalification, bidding documents, etc.) and support knowledge sharing between ADB departments and offices (OPPP, regional departments and procurement, etc.) and external government client.

e. Staff Supervision

  • Provide leadership and support to reporting staff.
  • Supervise the performance of reporting staff, providing clear direction and regular monitoring and feedback on performance.
  • Ensure the on-going learning and development of reporting staff.

Qualifications

Relevant Experience & Requirements

  • Master’s degree, or equivalent, and admission as a lawyer in one or more of ADB’s member countries. Alternatively, university degree in Law combined with specialized professional experience in similar organization/s may be considered in lieu of a Master’s degree.
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  • At least 8 years of relevant legal experience with practical experience in the formulation and implementation of development projects, preparation of public infrastructure tendering and procurement documents, drafting and negotiation of international financing agreements, concessions and project agreements, advising governments on public infrastructure development and procurement, and legal analysis of the status and organization of multilateral development and financing institutions.
  • Excellent written and verbal communication skills in English is required. Must be able to present and defend legal arguments and issues with a high degree of competence.
  • Demonstrated ability to meet the core competency requirements of the position.
  • Able to work in multi-cultural and multi-skilled teams.
  • Able to inspire trust and confidence and promote a strong culture of honesty, trust and openness.
  • International experience working in several countries. Emerging market experience, including FCAS and SIDS countries, is preferred.
  • Please refer to the link for ADB Competency Framework for International Staff Level 4.

General Considerations

The selected candidate, if new to ADB, is appointed for an initial term of 3 years.

ADB offers competitive remuneration and a comprehensive benefits package. Actual appointment salary will be based on ADB’s standards and computation, taking into account the selected individual’s qualifications and experience.

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ADB seeks to ensure that everyone is treated with respect and given equal opportunities to work in an inclusive environment. ADB encourages all qualified candidates to apply regardless of their racial, ethnic, religious and cultural background, gender, sexual orientation or disabilities. Women are highly encouraged to apply.

Please note that the actual level and salary will be based on qualifications of the selected candidate.

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