Counsel (Sovereign & Public Private Partnerships) / 240041

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JOB DESCRIPTION

Reference Number 240041
Position Level IS 4
Department Office of the General Counsel
Division Office of the General Counsel
Location Asian Development Bank Headquarters
Date Posted Tuesday, January 23, 2024
Closing Date Tuesday, February 6, 2024 11:59 p.m. (2359 Manila Time, 0800 GMT)

Important Information

Parenthetical title is only for advertisement purposes. Position title upon appointment is “Counsel”.

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.

ADB only hires nationals of its 68 members.

This position is assigned within the 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

 

Job Purpose

 

The Counsel supports OGC in achieving its key result areas by providing legal and policy advice and operations and documentation support to one or more of the following activities: processing and administration of loan, grant, and technical assistance (TA) projects; transaction advisory services (TAS) for public-private partnership (PPP) projects and other infrastructure projects; law, policy and reform; and the resolution of disputes arising from ADB-financed projects. 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

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 legal support to internal clients (ADB’s Office of Markets Development and Public-Private Partnership (OMDP)) and external clients (e.g., government procuring entities) regarding: (i) TAS for PPP projects throughout the project cycle, from pre-feasibility analysis to commercial or financial close; and (ii) private sector development initiatives (including the development of carbon markets contemplated under the Paris Agreement).
• Prepare (and review and coordinate with external legal counsel on the preparation of) bidding documents and core project agreements for PPPs and other infrastructure projects, e.g., concession agreements, PPP agreements, and land use/lease agreements.
• Engage in advocacy and capacity development for PPP arrangements and new markets development.
• Assist 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 new markets.
• Advise operations departments on pertinent policies, ADB strategy, and business processes for such operations.
• Assist OMDP on TA operations supporting TAS and other PPP initiatives.
• Procure, engage, and manage external international and local legal counsels supporting PPP projects and TAS mandates.

Law, Policy and Reform
• Contribute to initiatives to mainstream law, policy and reform activities, and the development and implementation of these projects.

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

Knowledge Sharing
• Participate in and contribute to relevant internal and external training and conferences and other activities for advocacy, dissemination and knowledge building.

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, a university degree in Law combined with specialized professional experience in a similar organization/s may be considered in lieu of a Master’s degree.
• At least 8 years of relevant legal experience with practical experience in the formulation and implementation of infrastructure development projects (project finance or PPP experience would be ideal), preparation and negotiation of international financing agreements and/or project agreements, advising government on development and implementation of complex infrastructure projects, 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.

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.

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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