International Development Law Organization

Mongolia

English

Landlocked and traditionally isolated, Mongolia possesses a great wealth of under-exploited natural resources, including gold, silver and copper, as well as 10% of the world's known coal reserves. Although the country is peaceful and politically stable, corruption, insufficient transparency in government affairs, and an ambiguous foreign investment legal framework have undermined its capacity to fully capitalize on its economic potential.

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.

Judicial Independence in Eastern Europe and Central Asia

The Bishkek Forum, held in the Kyrgyz capital in March 2013, was an international conference organized by IDLO to strengthen the independence of the judiciary and improve the administration of justice across much of the former Soviet space. The Forum drew chief justices from host nation Kyrgyzstan, neighbors Kazakhstan and Tajikistan, as well as regional superpower Russia, Georgia and Ukraine to discuss the effective and transparent management of courts.

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Key Initiatives

  • The COVID-19 pandemic and efforts to contain it have had severe and long-lasting impacts on Mongolia. Though prevention and containment measures have successfully prevented a large-scale health crisis, extended lockdowns have negatively affected children’s access to education, psychological and physical wellbeing and reduced the capacity of the Mongolian justice system to respond to crimes against children.
  • Legal reform and institutional capacity building have been priorities for the Government of Mongolia since 2005, when a specific Government Agency for Fair Competition and Consumer Protection was established. However, the Government Agency for Fair Competition and Consumer Protection still has institutional weaknesses and has not always been able to effectively implement changes of the legal framework. ​
  • The Government of Mongolia has taken a number of legislative and policy steps aimed at tackling domestic violence. While the new legal framework undeniably offers an improved, holistic and more victim-centered approach, its practical implementation and adherence to ensuring the needs of victims requires significant technical assistance, ongoing monitoring, and effective coordination among all the relevant actors.
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