International Development Law Organization

Commercial Law

Commercial law is one of the main deficit areas in transition economies and in countries seeking to move up the economic value chain. Globalization has vastly expanded the need for competence in this field. A sound knowledge and practice of commercial law facilitates economic integration. It enables poorer nations to secure better terms in international or bilateral trade agreements, and empowers resource-rich ones to handle large foreign investment flows. Where investment is scarce, commercial law capacity encourages it by improving the overall business climate.

Pre-Trial: Alternatives to Commercial Litigation

Many national and foreign businesses seeking dispute resolution are still unaware that Mongolia offers faster, more cost-effective options than the courts. To promote these options, IDLO has helped establish Mongolia's first private mediation center and assisted in creating the first Mongolian corps of world-class commercial mediators. Established at the Mongolian National Chamber of Commerce and Industry, with main premises in Ulaanbaatar and a branch office in the second largest city of Darkhan, the center benefits from close proximity to Mongolia's business community.

In Court: The Challenge of Commercial Law

Unless it boosts capacity in commercial law, Mongolia risks discouraging inward investment, not least in the vital mining sector. To avoid this happening, IDLO has been working with Mongolia's Supreme Court and Judicial General Council to improve the courts' ability to apply commercial law.  In particular, we have ensured that 24 Mongolian judges are equipped to train their peers in areas such as mining disputes, intellectual property and competition law.

Post-Trial: Making Court Decisions Stick

Mongolia’s investment climate is chronically undermined by poor enforcement of rulings. In an effort to improve the enforcement rate, IDLO has been helping strengthen the Mongolian General Executive Agency of Court Decisions by  building the capacity of more than 200 bailiffs (12 of them bailiffs-trainers) in areas including sale and seizure of property, mediation and international arbitration, and conflict management.

Yemen Team-Up Cements Italy-IDLO Bond

The Italian Justice Minister, Andrea Orlando, has expressed strong interest in reinforcing his Ministry’s cooperation with IDLO. Mr. Orlando’s comments came as he met IDLO Director-General Irene Khan to discuss judicial and legal capacity development in Yemen. It was the highest-level encounter between the Italian Ministry of Justice and IDLO in some years. 

Legal Resources for the Tajik Economy

In 2011, IDLO opened an office in Dushanbe, with the stated aim of giving the entire Tajik judiciary a grounding in commercial law. To this end, we have partnered with the Supreme Court of Tajikistan, the Council of Justice and the Judicial Training Centre (JTC). The country, which is negotiating access to the World Trade Organization, has received minimal foreign investment to date. We are building the capacity of Tajik judges on topics including property rights, land contract and privatization disputes, creditor rights and secured assets, and corporate governance.

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