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PUBLIC INVITATION TO DOMESTIC AND INTERNATIONAL LAW FIRMS TO SUBMIT BIDS FOR ADVOCACY OF MONTENEGRO IN ARBITRAL PROCEDURE AGAINST ADDIKO BANK AG

Published date: 10.11.2017 08:40 | Author: Ivona Mihajlović - administrator

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Addiko bank AG, pursuant to Convention for settlement of investment disputes between states and citizens of other states (ICSID Convention) and ICSID rules, has submitted International centre for settlement of investment disputes (ICSID) request for arbitrage against Montenegro because of alleged breach of Treaty between Federal Government of Republic of Yugoslavia and Government of Republic of Austria, on mutual promotion and protection of investments.
Ministry of Finance invites all the concerned domestic and international law firms, experienced in advocacy of states in arbitral procedures before ICSID to submit bid with specification of prices of services, for advocacy of Montenegro in arbitral procedure against Addiko bank AG.
The law firm shall offer legal advice and legal assistance concerning Arbitral procedure, i.e. the following services:

i. making of legal analysis of the case – overview and legal analysis of documentation concerning the Arbitral procedure;
ii. drafting and submitting of pleadings for the purpose of running the Arbitral procedure;
iii. making of pleadings in relation to appointment of arbiter, i.e. in relation with forming of court in the Arbitral procedure, in case it is required;
iv. consultations with clients at hearings concerning the issues of significance to running the Arbitral procedure;
v. advocacy of clients at hearings within the Arbitral procedure, if required;
vi. other legal services in relation with the Arbitral procedure.

Qualification (obligatory) terms which are subject of scoring:

- Previous experience in arbitral procedures under ICSID arbitral rules;
- Previous experience in arbitral procedures before ICSID, by at least 3 members of the law firm that would offer services in the Arbitral procedure against Addiko bank AG.

The offer shall specifically encompass the following elements:

- Names and biographies of the team’s proposed members;
- Structure and references of lawyers that would offer services in accordance with the arbitral procedure; 
- Candidate’s profile, details on experience and similar engagements, including information and detailed description of the role of the attorney within the similar affairs (especially within the arbitral procedures under ICSID Convention and ICSID arbitral rules);
- Declaration on non-existence of conflict of interest, in written form;
- Declaration on lawyer’s availability until the closing of the procedure, in written form;
- Financial offer.

The financial offer shall separately contain the following elements:

- Price per hour for every individual (lawyer, partner, associate and/or employee that would be engaged within the arbitral procedure);
- Additional fees for lawyers’ services that might be offered during the procedure;
- Monthly fee that would be charged for counselling via e-mail or phone concerning day-to-day issues, and 
- Fee for other eventual expenses, if any, such as legal investigations, copies, etc.

Election of the attorney will be done in accordance with the following criteria:
Qualification (obligatory) terms ......................................................................70 points,
Financial offer …….........................................................................................30 points.

Deadline for submitting offers is November 15th 2017, at 15:00 (local time).

Qualification and financial offers are to be submitted in 2 separate envelopes. The bids are to be submitted in written and electronic forms in Montenegrin and English, in three copies in closed envelope, with clearly written designation: “Bid for election of legal representative for advocacy of Montenegro in arbitral procedure against Addiko bank AG” to the following address:
 
Ministry of Finance of Montenegro, 2 Stanka Dragojevica St, 81000 Podgorica, Montenegro and e-mail: aleksandra.popovic@mif.gov.me.

Law on Public Procurements is not applied to procurements of services of arbitrage (article 3, paragraph 1, line 6).

For additional information law firms concerned may address to e-mail: aleksandra.popovic@mif.gov.me.