Consultant, Project “Study on Investor-State Dispute Settlement (ISDS) Reform – Introducing Safeguards in Modern Investment Agreements”

About RT4D

The Regional Trade for Development (RT4D) initiative is funded by both the Governments of Australia and New Zealand. It assists ASEAN Member States (AMS) in meeting their commitments and realising the advantages offered by the Agreement establishing the ASEAN-Australia-New Zealand Free Trade Area, or AANZFTA, and the Regional Comprehensive Economic Partnership, or RCEP.

Through the AANZFTA Implementation Support Program (AISP) and the RCEP Implementation Support Program (RISP), RT4D provides tailored support to enhance the capabilities of ASEAN Member States by strengthening skills, building networks, facilitating policy options and ensuring that trade benefits everyone, including Micro, Small and Medium Enterprises (MSMEs), women and people with disabilities.

Also operating under RT4D is the Trade and Gender Equality Incubator (TGEI), an initiative funded by the Australian Government. The incubator tests ideas and methods, drawing on promising examples, that integrate gender in trade policy, technical cooperation, and development programming.

The Governments of Australia and New Zealand have committed up to AUD 48.7 million to fund RT4D from 2020-21 to 2027-28.

Project Summary

The RCEP Implementation Support Program (RISP), implemented RT4D Facility, aims to support AMS to realise the full benefits of RCEP through the provision of capacity-building support and access to technical expertise.

The following project is approved under RISP.

• Project Name: Study on Investor-State Dispute Settlement (ISDS) Reform – Introducing Safeguards in Modern Investment Agreements
• Project Objective: The project addresses the AANZFTA Committee on Investment’s (COI) Sectoral Strategic Directions Priorities Document (SSDP) to ‘Progress in Advancing the Work Programme for the Upgrade AANZFTA Investment Chapter’ and in particular, the COI Work Programme activity to review Section B (Investment Disputes between a Party and an Investor) of the Upgraded AANZFTA. It aims to support AANZFTA Parties’ consideration of modern ISDS safeguards included in recent agreements and ISDS reforms discussed in international fora, in the context of the review of the AANZFTA ISDS provisions. The project is designed with the following objectives:

o Provide AANZFTA Parties with the latest discussions and outcomes on ISDS reform in other fora.

o Enhance AANZFTA Parties’ understanding of the safeguards to protect governments’ right to regulate as introduced in newer International Investment Agreements (IIAs), and its usage under arbitration cases.

o Align AANZFTA Parties’ understanding on the potential benefits of introducing safeguards to the current ISDS provisions under the AANZFTA.

o Provide recommendations for AANZFTA Parties on the potential modern ISDS safeguard elements that are suitable to be considered for inclusion under the AANZFTA ISDS review.

The Opportunity

RT4D is seeking **a consulting firm/consortium (**hereinafter referred to as “the Consultant”) to manage and deliver the abovementioned project, in close collaboration with the RT4D Facility and the Project Proponent. The final Project outputs will be subject to comments, amendments, and approval from the RT4D Facility Team, the Project Proponent and Australia’s Department of Foreign Affairs and Trade (DFAT).

The general competencies and qualifications that the Consultant should demonstrate include (but are not limited to):

· Skilled and experienced team of Experts with the technical, stakeholder management, workshop facilitation and private sector engagement and support expertise, bandwidth, and capabilities to support the RT4D Facility to deliver all outputs in alignment with the remit and timelines set within the Terms of Reference (ToR).

· Demonstrable technical expertise and experience conducting research and providing policy support related to circular economy topics, particularly e-waste management and recycling in the east and south-east Asian contexts. Previous experience and knowledge of e-waste management and recycling digital technologies and the EV and solar cell panel value chains is a distinct advantage.

· Demonstratable expertise, knowledge and track record providing gender equality, disability and social inclusion (GEDSI) technical assistance. This should include experience conducing GEDSI analysis and mainstream GEDSI into technical documents.

· Demonstrable expertise and experience designing, managing and delivering SME engagement and capacity building programs. This should include experience designing, delivering and/or assessing mentorship programs.

· Demonstratable ability to provide project coordination and management support in Thailand. Such support should ensure that the Project Proponent and other relevant Thailand stakeholders are adequately engaged and consulted throughout project implementation.

· Demonstrable experience designing, facilitating and delivering online and on-site consultations and workshops that effectively engage diverse stakeholder groups.

· Experience working and engaging with multiple ASEAN governments (including Thailand) is a distinct advantage. The organisation must be comfortable with engaging with ASEC and ASEAN stakeholders and following ways of working (or comparable governance arrangements).

· Proven excellent report drafting experience, with ability to incorporate comprehensive feedback at multiple stages in a timely manner.

For a complete Terms of Reference, please click here. Password is TetraTech2025 or visit Welcome to Regional Trade for Development Regional Trade for Development