PUBLIC CALL FOR DOMESTIC AND INTERNATIONAL LAW FIRMS

PUBLIC CALL FOR DOMESTIC AND INTERNATIONAL LAW FIRMS TO SUBMIT OFFERS FOR REPRESENTING MONTENEGRO IN ARBITRATION PROCEEDINGS INITIATED BY TARA RESOURCES AG FROM SWITZERLAND AGAINST THE STATE OF MONTENEGRO

The company TARA RESOURCES AG from Switzerland, in accordance with the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, ICSID Rules, and the Agreement between Serbia and Montenegro and the Swiss Confederation on the Promotion and Reciprocal Protection of Investments (“Official Gazette of Serbia and Montenegro – International Treaties”, No. 3/2006), on 14 July 2025, through its legal counsel, the law firm Boies Schiller Flexner LLP from London, submitted a request for the initiation of arbitration proceedings against the State of Montenegro before the International Centre for Settlement of Investment Disputes (hereinafter “ICSID”) in Washington.

In line with the above and the conclusions of the Government of Montenegro no.11-011/25-2625/3 from 24 July 2025, adopted at the government session held on the same date, the Ministry of Energy and Mining hereby invites all interested domestic and international law firms or legal teams, with experience in representing clients in arbitration proceedings before ICSID, to submit an offer with a detailed breakdown of service fees, for the purpose of representing the State of Montenegro.

The legal team shall provide legal assistance and advice in relation to the Arbitration Proceedings, including the following services:

1. preparation of a legal analysis of the case, including review and legal assessment of documentation related to the Arbitration Proceedings;
2. drafting and submission of pleadings in the Arbitration Proceedings;
3. preparation of submissions related to the appointment of an arbitrator, possible challenges to the appointment of arbitrators, and the constitution of the tribunal in the Arbitration Proceedings;
4. consultations with the client and the client’s advisers on matters relevant to the conduct of the Arbitration Proceedings;
5. representation of the client at hearings within the framework of the Arbitration Proceedings; and
6. other legal services connected to the Arbitration Proceedings.

Mandatory qualification criteria subject to evaluation:

• prior experience in at least three arbitration proceedings conducted or pending before ICSID;
• at least three members of the law firm/legal team designated to provide services in the present arbitration proceeding must have experience in arbitration proceedings before ICSID.

The qualification offer shall contain the following elements:

• Names and CVs of the proposed team members;
• Composition and references of the lawyers who will provide services in accordance with the Arbitration Proceedings;
• Candidate profile, detailing experience and similar previous engagements, with specific information and a detailed description of the representative’s role in comparable assignments (especially in arbitration proceedings under ICSID Rules);
• A written statement confirming the absence of any conflict of interest;
• A written statement confirming the availability of the lawyers until the conclusion of the Arbitration Proceedings;
• An electronic version of both the qualification and financial offer (USB drive), containing all elements of the offer in PDF format.

The financial offer shall, in particular, include the following elements:

• Hourly rate for each individual (lawyer, partner, associate and/or staff member involved in the Arbitration Proceedings), as well as for any potential substitute/new members of the legal team;
• Estimated total cost of legal services, including assumptions used in the calculation; and
• Fee policy regarding other justified expenses.

The selection of the legal representative shall be made on the basis of the following criteria:

• Qualification criteria (mandatory requirements).......................................70 points
• Financial offer...........................................................................................30 points

The deadline for submission of offers is 30 days, i.e. by 03.09.2025 at 15:00 (local time).

The offer must be submitted in a sealed envelope. The envelope must be clearly marked in capital letters with the following:

• ‘OFFER FOR SELECTION OF LEGAL REPRESENTATIVE TO REPRESENT MONTENEGRO IN THE ARBITRATION PROCEEDINGS INITIATED BY THE COMPANY TARA RESOURCES AG FROM SWITZERLAND AGAINST THE STATE OF MONTENEGRO’
• Name and address of the bidder
• Address: Ministry of Energy and Mining, Rimski trg no. 46, 81000 Podgorica, Montenegro
• Caution: „DO NOT OPEN”.

The main envelope must contain two separate envelopes: one labelled „ORIGINAL“, containing the original offer, and one labelled „ COPY “. Each of these envelopes must include two separately sealed and properly marked sub-envelopes: one containing the documentation for establishing the eligibility of the bidder, labelled „ QUALIFICATION OFFER ’’ , one containing the financial offer, labelled „ FINANCIAL OFFER.

The offer must be bound in such a way that individual parts cannot be subsequently added, removed, or replaced.

Note:

The Law on Public Procurement does not apply to the procurement of arbitration services (Article 14, paragraph 1, item 4).

This public call does not create any obligation on the part of the State to enter into a contract for legal services with any bidder. The Ministry of Energy and Mining reserves the right to suspend or cancel the procedure at any time, without any liability or obligation towards the bidders. All costs related to the preparation and submission of offers shall be borne by the bidders, regardless of the outcome of the procedure.

Offers may be submitted either as individual offers or as joint offers by consortia of law firms and/or lawyers.

For additional information, interested bidders may make inquiries electronically by sending an two e-mail addresses:   kabinet@meir.gov.me and cc: marko.vucinic@meir.gov.me