Adjudicator

About Ministry of Energy & Water/MSU

In accordance with the Decree of the presidential office of Afghanistan in view of national politics and strategy of the country during 1383, the Ministry of Energy and Water (MEW) has been established from two existing ministries: Ministries of Energy, Water Resources and Environment.

The Government of Afghanistan has identified the rehabilitation and expansion of the country's physical infrastructure as one of its highest priorities for the reconstruction and development of Afghanistan. As part of the basic economic infrastructure of the country, the Energy and Water sector occupies special prominence in the Government's development plans. Several major power sector projects, funded by the National Development Budget and by international financial institutions and donors, are presently under implementation and planning under the general oversight of the Ministry of Energy and Water (MEW).

Given the technical complexity of the Energy and Water sector and the particular demands posed by the coordination of the projects that are being funded by various sources, the MEW assists its administration that will be based in Kabul and will reinforce MEW in its internal and external activities and projects smoothness and speediness in fulfilling its obligations for energy and water sector development.

Job Summary

Adjudicators preside over, judge, and help adjudicate legal disputes pertaining to government issues and program eligibility. They determine the appropriate course of action for claims and settlements. When involved in a hearing, adjudicators are responsible for reviewing documents and paperwork, as well as meeting with individuals or contractor together relevant information. They decide whether or not evidence is admissible and if particular legal motions are acceptable. Adjudicators maintain justice in the courtroom by overseeing all activities that occur in the trials and hearings they oversee

Duties & Responsibilities

Job Description:

The adjudicator will be hired by MEW and the contractors to adjudicator the disputes between MEW and the contractor. Adjudicator preside over, judge, and help arbitrate legal disputes pertaining to the MEW issues and program eligibility and also recommend the rejection or acceptance of claims and settlements under MEW programs such as repeated items in contract BoQ, price variation, Adjustment and Reconciliation process. Since adjudication is a short process, the adjudicator may issue his decision based on the information given to him or, if she/he so decides, he may want a meeting with the parties to give each of them an opportunity to present its case.

The adjudicator decision is not binding, if either side does not agree with decision of the adjudicator, then for final decision will go to Arbitration in France as per the terms of the contract.

 Main Responsibilities

• Adjudicators must be familiar with FIDIC, World Bank and other international EPC construction contracts.
• Review contract (referred as “contract”) and various amendment in contract.
• Adjudicator openly can request any party to the contract supply him with documents that he reasonably requires to determine the issue before him, including written statements.
• Resolving the disputes between the parties after having fully reviewed all concerned documents from both sides, the arguments from both side and to make a recommendation based on the terms and conditions of the contract which is signed between the two parties.
• Check all reports and facts thoroughly, including history of contract, changes in contract.
• Adjudicator if required should meet and question any of the contracting parties and their representatives (although many disputes are decided on the basis of written submission alone).
• Determine procedure by way of procedural order after consultation with the parties.
• Sending written communication to all parties as required to conduct arbitration in an impartial and transparent manner.
• Responsible for adjudicating claims to maintain/comply with service level agreements.
• Ability to resolve claims that require adjustments if any.
• If required must make site visits and inspections.
• Review applicant’s case and examine background information on contract, letters exchanged by contractor with the owner of the projects, understand the concerns of parties involved in the contract and resultant disagreements and emphasize to resolve those on merit and justice basis, after hearing the opportunity to both parties.
• Giving the parties notice of hearing and sufficient opportunity to present their case.
• Giving the parties equal opportunity to produce evidence and to put forward their case
• Show justification for recommended course of action.
• Resolving all disputes within a reasonable time
• Prepare written decisions.
• Other duties consistent with the above responsibilities.

Job Requirements

Required Qualifications & others:

• Master's, doctoral, or law degree and previous experience in the relevant field is highly desirable.
• 5-7 years of experience in claims processing and legal, disputes cases.
• Critical thinking skills and analytical ability to work, discover and outline systems related issues independently and with a team to provide resolution to work.
• Strong attention to detail and organization and able to work independently: strong analytic skills.
• Advanced knowledge of Microsoft Office Suite
• Excellent coaching and mentoring skills
• Ability to work in difficult environment
• Contribute positively as a team player.
• Complete special projects as assigned.
• Ability to work in team environment.
• English, Dari and Pashto language proficiency (reading, writing and speaking) is required.

Submission Guideline

Interested and qualified Individuals who want to apply for the position are required to follow the below instructions:

Write Application Letter explaining your suitability for the position.

Fill MEW/MSU Job Application Form.

Send your Letter and Application Form, Education certificate and experience document  in one single document (PDF). CV is acceptable will be considered.

Indicate Position Title and Vacancy No. on the subject line of the Email.

Only short listed candidates whose education and experiences correspond to the job requirements will be contacted for further steps.

Incomplete and wrong applications will be ignored without any consideration.

Ministry of Energy and Water is an equal opportunity employer.

Download the Application format and Job Application Form from below links: Page number #3 /Application Number #22

  http://www.acbar.org/applicationform

Applicants can submit their applications hard copies to the following address:

Human Resources Section of Ministry Support Unit

Ministry Of Energy and Water

District #7 Dar-Ul-Aman Road,:

Mohammad Naser Moradi +93(0)744252320

Mohammad Qayum Ahmadi +93(0)788886408

Interested candidates should submit their CVs to both below email addresses:

vacancies.mew1@gmail.com (‌MEW)

qayum.a.ahmadi@rgmig.com  (Contractor)

Functional Area

Legal

Countries

Submission Email

vacancies.mew1@gmail.com

qayum.a.ahmadi@rgmig.com

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