Lead Counsel, Claims Management, Washington, DC

Closing date: Monday, 16 March 2015

Background / General description: The Multilateral Investment Guarantee Agency (MIGA or the 'Agency'), a member of the World Bank Group, is seeking a Lead Counsel, Claims Management ('Lead Counsel') for its Legal Affairs and Claims Group.

The World Bank Group consists of five specialized institutions: the International Bank for Reconstruction and Development (IBRD), the International Development Association (IDA), the International Finance Corporation (IFC), the Multilateral Investment Guarantee Agency (MIGA), and the International Centre for the Settlement of Investment Disputes (ICSID). The goals of the World Bank Group are to eradicate extreme poverty by reducing the number of people living on less than USD 1.25 a day to three percent by 2030, and to promote shared prosperity by fostering the income growth of the bottom 40 percent of the population in every developing country.

In the context of the World Bank's broad development agenda, MIGA is committed to promoting foreign direct investment in its member countries by issuing guarantees against non-commercial risks to investors and lenders, covering expropriation, breach of contract, currency transfer restrictions, war and civil disturbance, and non-honoring of financial obligations of sovereigns, sub sovereigns, and state-owned enterprises. Please visit www.miga.org for additional information regarding MIGA.

The Legal Affairs and Claims Group in MIGA (known as 'MIGLC') serves as the legal counsel for MIGA and provides legal advice relating to the governance, operations, and other activities of the Agency. Among its principal responsibilities, MIGLC advises MIGA's Council of Governors, Board of Directors and senior management, negotiates and drafts contracts of guarantee, manages all claims proceedings, facilitates discussions between investors and governments related to disputes and potential claims, oversees outside counsel, supports MIGA's internal departments in economic and policy analysis, finance matters, risk management, and external outreach, and promotes innovation and knowledge sharing in support of MIGA's mission. MIGLC currently consists of nine attorneys, three extended term legal consultants, one analyst, and three administrative staff, under the Director and General Counsel.

Note: If the selected candidate is a current Bank Group staff member with a Regular or Open-Ended appointment, s/he will retain his/her Regular or Open-Ended appointment. All others will be offered a 4 year term appointment.

Duties and Accountabilities: The position will report to MIGA's Director and General Counsel. The position is based in Washington, DC.

The Lead Counsel will serve as the Claims Administrator in MIGA. The role of the Lead Counsel entails, inter alia, a wide range of activities in connection with the pre-claims, claims, and recovery process at MIGA, as well as work on a diversified portfolio of MIGA operations and legal issues.

Under the leadership of the Director and General Counsel, the duties and responsibilities of the Lead Counsel with respect to claims and investor disputes (potential or actual) will include: Pre-claims and claims administration

Serve as recognized legal expert in the area of investment dispute resolution and claims management, and in that capacity serve as a lead advisor to management and staff on major legal and policy issues relating to problem solving on investor-host country issues, decisions to pay or deny claims, pursuit of settlements with claimants, the host government and other stakeholders, pursuit of recovery from host countries, and recourse to conciliation or arbitration under the MIGA Convention;
Serve as member and recording secretary of MIGA's Claims Committee;
Support the Agency's monitoring efforts of potential country or project issues by proactively and collaboratively leading and engaging with legal, operational and risk management teams in MIGA and across the WBG, identifying stakeholders, keeping abreast of legal developments, analyzing contractual requirements, risks, and options, developing communications, conducting missions, etc.;
Engage in complex policy discussions and negotiations involving investment disputes, claims and recoveries with claimants, senior government and WBG officials and stakeholders, internally and externally (e.g., international financial institutions, reinsurers, co-insurers, etc.), and defend MIGA's and the WBG's interests;
Design and implement innovative ways to facilitate problem solving and dispute resolution;
Administer the legal aspects of MIGA's provisioning, reserves, and claims processing and payment processes, striving to preserve MIGA's financial sustainability and protect its interests;
Represent MIGA and oversee outside counsel with respect to potential or actual disputes, conciliation, and arbitration proceedings;
Prepare a range of key reports and analysis relating to disputes and claims for, and interact with, the Agency's management, WBG management, auditors, and Board of Directors (e.g., memoranda of determinations, quarterly provisioning papers, quarterly Executive Vice President reports to the Board of Directors, annual report, and others);
Develop procedures and improvements relating to the claims administration process;
Ensure the integrity of the project files relating to disputes. Plan, guide and oversee the development and implementation of systems and processes for handling and sharing data and information relating to the work program;
Team leadership and knowledge management
Have day to day responsibility with respect to supervision of the pre-claims, claims, and recovery process work undertaken by project attorneys, ensuring high technical quality;
Guide, mentor, advise, and support staff that is working on pre-claims, claims, and investment disputes and encourage and model best practices and innovative thinking;
Document MIGA's pre-claims and claims efforts and identify and disseminate lessons learned;
Remain current with major pieces of analytical work and decisions in the fields of expropriation, international arbitration, and other relevant areas and disseminate knowledge and best practices to others;
Exercise thought leadership to strengthen MIGA's position in the marketplace and support its business development efforts, including, as appropriate, by writing and reviewing policy papers or undertaking legal research;
Play a key role in the design of professional and operational training or development activities in the field of claims management and investor-host country disputes;
Assist in the development and update of model guarantee documentation, including by researching public international law issues and conducting benchmarking; and
As appropriate, represent MIGA in fora involving international financial institutions, investment insurance providers, and investors and bring in experience and insights from other entities.
Under the leadership of the Director and General Counsel, the duties and responsibilities of the Lead Counsel with respect to operational and other matters will include:
Provide legal advice regarding guarantee operations, including conducting due diligence, structuring, drafting, and negotiating contracts of guarantee and ancillary documents;
Assist in the retainer, oversight, and evaluation of outside counsel;
Research and draft memoranda or other materials on issues of national and international law and conduct legal due diligence related to host countries;
Manage the process of obtaining and/or modifying required host country approval of guarantees;
Provide legal advice in connection with institutional, financial, risk management, and administrative issues, including privileges and immunities, intermediate jurisdictions, integrity risk, environmental and social standards, membership matters, WBG establishment agreements, sanctions procedures, information technology, intellectual property, personnel matters, and governance questions;
Assist in the preparation and conduct of training and knowledge sharing events;
Assist in developing internal MIGA policies, directives, procedures, and guidance; and
As directed by the General Counsel or her designee, provide ad hoc assistance in respect of legal issues that may arise from time to time.

Selection Criteria:

Minimum: Juris Doctor, LLB, or equivalent law degree; qualification to practice law in at least one jurisdiction. LLM degree is a plus.
Legal and analytical:
At least twelve years of relevant legal experience since earning law degree; of this, at least six years should have been gained in a law firm, international financial institution or corporation with international business or finance operations. Relevant experience includes legal work and advising in private sector emerging market transactions, involving cross-border lending, international project or corporate finance or political risk, export credit or investment insurance.
Significant 'first chair' legal experience in successfully managing sovereign or commercial loan workouts, restructurings, insolvency proceedings, and investment disputes; investment insurance claims; or investor-state arbitration proceedings.
Track record of leadership and contributions in political risk insurance and credit enhancement operations.
Solid understanding of legal and risk management aspects of political risk insurance.
Solid understanding of public international law.
Demonstrated business judgment.
Strong analytical skills; proven ability to understand complex financial structures and analyze in-depth legal issues and propose sound and creative solutions.
Experience with the supervision of outside counsel in a cost-effective manner.
Strong client service orientation; demonstrated history of having been able to work under pressure and respond to demands from internal and external clients in a timely fashion.
High degree of discretion, ethics, tact, and sensitivity in handling confidential and sensitive information.
Multiregional expertise.
Network of contacts throughout the WBG and in the political risk insurance community.
Communication:
Excellent oral and written communication skills in English. Ability to draft and negotiate complex legal documents in English.
Strong organizational, research, and oral presentation skills.
Additional language skills desirable (Arabic, Chinese, French, Portuguese, Russian, Spanish).
Negotiations:
Experience with complex, multiparty international business negotiations in common law and civil law jurisdictions.
Experience with stressful, conflict ridden or sensitive situations requiring the ability to identify the interests of a variety of stakeholders and work with diplomacy and good judgment.
Team building and knowledge management:
Demonstrated ability to effectively mentor and guide others.
Excellent interpersonal skills and experience working effectively in a diverse environment.
Other:
Understanding of the WBG mission and development agenda
Willingness to travel essential
CORE COMPETENCIES:
Lead and innovate - Inspires and influences others. Chooses the leadership style most appropriate for the situation and people involved. Develops innovative and creative solutions.
Business judgment and analytical decision making - Serves as trusted advisor to others on their decisions, ensuring alignment across units and optimal impact on the organization as a whole. Applies a broad and strategic business perspective to anticipate, evaluate and plan for the impact of decisions. Provides objective advice, based on rigorous analysis.
Deliver Results for Clients - Proactively anticipates and addresses clients' stated and unstated needs. Works to remove obstacles that may impede success.
Collaborate Within Teams and Across Boundaries - Collaborates across the WBG, within MIGA and with others. Gives own perspective and actively seeks diverse perspectives. Models collaborative behavior and recognizes contributions of others. Able to work within cross cultural groups to achieve consensus, avoid tension, add value and make progress, particularly in situations of stress or conflict. Takes positive action to manage conflicts. Shows consistent diplomacy and tact.
Building and Sharing Expertise - Leads in the sharing of best practice trends, knowledge, and lessons learned. Able to design training/skills enhancement initiatives and systems to ensure effective transfer of knowledge and skills.
A deal list and references may be required as part of the selection process.

The World Bank Group is committed to achieving diversity in terms of gender, nationality, culture and educational background. Individuals with disabilities are encouraged to apply. All applications will be treated in the strictest confidence.