Provision of consultancy services to Review and develop a new Strategic and Business plan to guide the implementation of Arbitration and ADR (2022-2026)

Source of funds: PSF/TMEA Project

Background
The Rwanda Private Sector Federation (“PSF”) established Kigali International Arbitration Centre (KIAC) to increase the use and effectiveness of Arbitration and other Alternative Dispute Resolution (ADR) mechanisms in Rwanda and beyond. KIAC has grown by leaps and bounds since its inception in 2012. It has delivered cost-effective Arbitration services. KIAC is also at the forefront of advocating and promoting the Arbitration practice in the Region and beyond.

Enforcing contracts and resolving disputes is part of the daily business in the private sector. Arbitration and Alternative Dispute Resolution (ADR) enhances private sector development by creating a better environment for business. It lowers the direct and indirect costs that businesses incur in enforcing contracts and resolving disputes. However, the COVID-19 pandemic has exerted an unprecedented impact on all major economic sectors, industries, and states. The COVID-19 pandemic’s impact has equally triggered profound and systemic changes in international arbitration. Therefore, assessing private sector centered Arbitration and ADR initiatives post the Covid-19 pandemic should be given consideration. There is an urgent need to develop a new Strategic and Business plan to guide the implementation of Arbitration and ADR interventions for the next five years (2022-2026).

Objective of the Consultancy
The overall objective of this consultancy is to review the current strategic and business plan (2017-2021) and support KIAC to develop a new one for the subsequent five-year period (2022–2026)

Specific objectives
• Review KIAC’s strategic and Business plan (2017-2021) and all relevant documents and policies to ensure clear understanding of the centre
• Review the institutional capacity and conduct a rapid assessment of KIAC’s performance (i.e. key results, achievements, lessons learnt, emerging issues–challenges and opportunities) and propose strategic options for further consolidation that may be addressed by the subsequent strategic and business plan
• Develop, in collaboration with the KIAC BoD and other relevant stakeholders, the new Strategic Plan for the period 2022- 2026 with clear performance indicators, monitoring and evaluating strategies and mechanisms to ensure the effective implementation of the Strategic and Business Plan;

Scope of work and expected outputs
Under the overall guidance of KIAC BoD and direct supervision of the KIAC Secretariat, the work of the consultant will mainly consist of evaluating the status of implementation the current strategic & business plan (2017-2021) and designing a new five-year strategic & business plan (2022-2026) that will serve as an operational support too for the planning and implementation of KIAC activities, project and programmes.

The new strategic and business plan will both look at consolidating and deepening the results and impact reached so far while ensuring a strategic and sustainable direction for the Kigali International Arbitration Centre for the next five years.

More specifically, the 2022-2026 KIAC Strategic & Business plan should reflect in a clear and concise manner the following:
• The Organizational strengths, weaknesses, threats and opportunities;
• Based on the results assessment of institutional activities since 2017 to date, highlighting strategic issues and areas of improvement for 2022-2026;
• Programme designing including 2022-2026 strategic outputs or programmes;
• Financial plan and resource mobilization mechanisms and strategies for 2022-2026;
• Outputs/programmes implementation, logical, framework ;
• Monitoring and evaluation strategies;
• Final costed KIAC Strategic & business plan 2022-2026

Methodology & Deliverables
During the assignment, the consultant will proceed as follow:
• A review of background literature, policy, and legal documents, past and present strategic and project documents and materials;
• Structured interviews and focused group discussed where necessary with KIAC BoD, KIAC Neutrals, Relevant GoR & Private Sector Institutions, KIAC Staff and other stakeholders;
• Inception report one week after the notification of the award of the contract detailing the methodology and an outline of the final draft report
• Prepare and Propose to KIAC the structure of the 2022-2026 Strategic & Business Plan;
• Based on the agreed structure, prepare and present the first draft of the 2022-2026 Strategic and Business plan for comments by KIAC Competent authority;
• Based on KIAC Comments, prepare and present a final version of the 2022-2026 Strategic and Business Plan with an implementation matrix and Monitoring Plan

At all stages of the assignment, the consultant shall work in close collaboration and consultation with the KIAC Secretariat.

The Consultant will ensure the KIAC BoD and the Secretariat understand and own the development process of the Strategic & Business plan and its outputs;

The draft and final reports shall be written in English in a clear and concise style of writing

Time frame
The consultancy should be completed within 25 calendar days from the contract signing date. The Consultant shall present the draft report within 18 days after contract signing while a final report should be presented for validation within 25 days from the signing of the contract.

Profile of the Consultancy firm
The Consultancy firm submitting for this particular consultancy should possess the following requirements:
• The consulting firm should be dully registered as a company by relevant authorities with at least 8 years of experience in Strategic and Business Plan Development in both public and private sectors.
• They will be required to present the certificates of completion while indicating business strategies that they developed.
• The Lead Consultant should have a relevant university degree in Business Administration, management, economics, policy development, political science, law, social sciences, public administration, or equivalent with minimum professional experience of at least 5 years. Prior experience in working with the commercial justice sector reforms, project development & management, Commercial Arbitration administration, legal research, and policy planning will be of added value.
• The firm should have a financial expert or an Economist with at least 3years of experience in conducting financial appraisals.

Specific knowledge, skills, and competencies
• Demonstrate excellent analytical research, policy development, market analysis, Feasibility analysis, and report writing skills.
• Excellent communications and relationship-building skills;
• Understand the context of Arbitration and Commercial Justice and emerging trends of international arbitration as well as institutional branding will be an added advantage;
• Fluency in English, the knowledge of other official languages of Rwanda, will be an additional asset;
• Knowledge of Rwanda and Rwanda’s justice sector would be an asset.
• Ability to work efficiently and deliver on committed outputs under the assignment within agreed timelines and deadlines.

Application procedure

Proposals (both Technical and Financial) should be submitted electronically on procurement@psf.org.rw or procurementpsf1@gmail.com not later than 27th September 2021. Late bids will be rejected.

The total amount quoted shall be all-inclusive and include all costs components required to perform the deliverables, including professional fee, and any other applicable cost to be incurred by the consultant in completing the assignment. The contract price will be a fixed output-based price regardless of extension of the herein specified duration. Payments will be done upon completion of the review of the business plan and a final report on the outcome of the sessions.