The International Law Institute is honored to announce

2017 UNCITRAL ASIA PACIFIC DAY

CENTRE FOR TRANSNATIONAL COMMERCIAL LAW (CTCL)
NATIONAL LAW UNIVERSITY, DELHI

“INSOLVENCY RESOLUTION AND CROSS BORDER INSOLVENCY”

“1st Year of IBC: Tracing its journey, challenges for building the road ahead”

This program will be undertaken on October 27th in New Delhi followed by a Roundtable Stakeholder Consultation on “Insolvency Resolution” on October 28th.

These programs are developed by the Centre for Transnational Commercial Law and the National Law University, Delhi and under the general direction of Dr. Risham Garg to address current status and advances pertaining to the insolvency laws and practice of India both domestically and cross border.

These programs are further supported and co-sponsored by UNCITRAL, the Insolvency and Bankruptcy Board of India, P&A Law Offices; United Nations Coordination Committee India, SIPA and the International Law Institute.

The Theme:

The enactment of the Insolvency and Bankruptcy Code (IBC) was seen as a watershed moment for the Indian economy as it introduced a modern framework to deal with the insolvency of individuals and corporate entities. While the personal insolvency regime is yet to be enforced, the corporate insolvency regime is up and running. A new ecosystem for corporate insolvency comprising of the Insolvency Professionals, Insolvency Professional Agencies, Insolvency and Bankruptcy Board of India and National Company Law Tribunal has already been set in place in with the aim of promoting entrepreneurship and innovation. Touted as the biggest economic reform next to only the GST, the Code marks a paradigm shift in terms of being a single comprehensive law on insolvency in the country; providing time bound mechanisms for resolution of insolvency and making a sharp transition from debtor in possession to creditor in control. Due to these unique features, the Code was hailed by the creditors and debtors alike.

However, as the euphoria subsides and jurisprudence starts to develop, various challenges have started coming to the fore. Like any law, the success or failure of the IBC depends on its effective implementation. To promote this aim of successful implementation of the Code, this year’s UNCITRAL Asia Pacific Day is being organised on the theme of “Insolvency Resolution and Cross-Border Insolvency”. The Symposium puts the current issues and challenges in the spotlight by demarcating four specific sessions and invites various stakeholders under the Code to participate in this discussion to come up with effective solutions for the future.

Sessions:

Issues in Implementation of IBC
Personal Insolvency
Issues in Corporate Insolvency Resolution Process
Emerging Jurisprudence
UNCITRAL Model Law on Cross-Border Insolvency

Brochure & Detailed Program Schedule and Speakers:

http://nludelhi.ac.in/UploadedImages/3e881844-d911-49bd-ba09-344d2fe808a1.pdf 
http://nludelhi.ac.in/UploadedImages/e3554309-9c91-4c65-8e51-c19b5ac38f51.pdf 
http://nludelhi.ac.in/UploadedImages/47437423-a8da-456a-90a9-d43f861b5578.pdf 

To Watch Live or Archived Webcast:

National Law Univ. Delhi:         http://nludelhi.ac.in/up-event1.aspx?id=3054 
Website or Mobile Phone:         http://www.streamonweb.com/webcast/nlu 
Facebook:                                https://www.facebook.com/nludelhi 
YouTube:                                 https://www.youtube.com/user/NLUNewDelhi/videos 

Group photo of Nigerian Delta State House of Assembly Delegation in Annapolis, Maryland [Also pictured: Kim Phan, ILI Executive Director and Jeff Ziarnik, ILI Program Administrator]

The International Law Institute [ILI] was pleased to welcome 35 members and staffers from the Nigerian Delta State House of Assembly to attend our seminar on legislative strategic management and leadership. The seminar was presented from July 31st to August 4th, throughout which the participants were able to speak to and learn from professionals with decades of experience from working for the U.S. Congress.

Kenneth Kraft, a former Deputy Chief of Staff for U.S. Representative David Hobson, who has also served as a counsel on the Appropriations Committee, was the Course Advisor for this training. Mr. Kraft has worked on analyzing the U.S. budget for several years, and was able to share his insight on budget monitoring and utilization.

On Wednesday, the group from Delta State was able to travel to the Maryland State House and meet with the Executive Director of State Legislative Services. Having the wonderful opportunity to use the Joint Meeting room of the General Assembly as the classroom for the day, the participants learned how Maryland goes about their unique budget process, the role of the Governor, and legislative oversight. The group was then able to tour the Maryland State House, once served as the Capital of the United States, (as the meeting place of the Continental Congress).

To conclude the seminar, the participants were continued their experiential learning by visiting the U.S. Capitol, the ultimate site for legislative oversight. Here, the participants learned more about the founding of the United States after the Revolutionary War, and were able to put some of the topics they had learned about into perspective by seeing where legislation is created.

The ILI looks forward to working with the Delta State House of Assembly again and hopes they learned valuable skills they will be able to integrate into their own system.

Supreme Court Justices and Court of Appeals Judges from Anglophone Member States of the Inter-Governmental Action Group Against Money Laundering in West Africa (GIABA) [Also pictured: Gerhard Botha and Kim Phan]

The International Law Institute [ILI] was pleased to welcome a delegation of Supreme Court Justices and Court of Appeals Judges from Anglophone Member States of the Inter-Governmental Action Group Against Money Laundering in West Africa [GIABA] on a Study Tour from August 7 to 11, 2017. The representative countries include Nigeria, Liberia, Ghana, Sierra Leone, and The Gambia.

The seminar focused on Enhancing the Implementation of Robust Anti-money Laundering and Combating the Financing of Terrorism [AML/CFT] Measures in West Africa.

The mission of the ILI is to raise the levels of professional competence in all nations so that they may achieve practical solutions to common problems in ways that suit their needs. Through its commitment to fostering prosperity around the globe, the ILI has provided professional training and technical assistance to 31,000 government officials, legal and business professionals, and scholars from 186 countries.

GIABA’s mandate is to build the capacity of relevant officials in its Member States to effectively respond to the risks and threats of economic and financial crime, particularly money laundering and the financing of terrorism. Since 2008 GIABA has, in line with this mandate, organized nine Regional Capacity Building Seminars on Economic and Financial Crime for superior court judges responsible for the adjudication of cases involving economic and financial crimes in their respective countries.

Participants in these seminars recommended that Member States of GIABA should consider organizing international study tours in countries with judicial systems that are advanced in prosecuting economic and financial crimes. These study tours would allow the judges to collaborate with their counterparts in the host countries and discuss best practices. Consequently, the ILI is honored to have been selected to host the International Study Tour for Judges of Anglophone GIABA Member States.

Economic and financial crimes and their effects on global communities’ peace and security have become issues of great significance within the international community, and the West African region is no exception. Research studies conducted by GIABA have shown that despite an alarmingly high rate of criminal activity in GIABA Member States, few convictions have been made for such offenses. In addition, confiscation of the proceeds of crime and recovery of stolen assets are minimal.

Weakness in legislation is partly responsible for the present situation, but other contributing factors include lack of judicial independence resulting from undue executive influence, an elementary understanding of economic and financial crime and comprehensive investigation methods, social tolerance to corruption, and fear of retribution.

In order to address these findings, the specific topics covered within the seminar in addition to anti-money laundering included corruption, cybercrime, human trafficking, migrants smuggling, racketeering, financing the proliferation of weapons of mass destruction, and international initiatives adopted to combat these criminal activities.

Several high level speakers addressed the group, including officials from the Federal Bureau of Investigation, the Department of Justice, the International Monetary Fund, attorneys from the law firm of Wily Rein LLP, and members of the Judiciary. The group was also hosted by the US District Court in Baltimore.

According to Gina Wood, Legal Officer of GIABA, the Study Tour provided the judges with a wealth of knowledge - derived from both content and the quality of facilitation - that will assist in their effective adjudication of cases on economic and financial crime. “The judges are extremely grateful to GIABA and the ILI for making this possible,” she says.

The ILI looks forward to future cooperation with GIABA and values the opportunity to assist GIABA in its important work.

By: Surovi Bain

China Law Society attending a conference at the US Senate Judciary,  hosted by Ms. Katharine Willey on the role of Congress on the Judiciary and Judicial Accountability		China Law Society at the US Supreme Court

The International Law Institute was again honored to have received an esteemed delegation of senior legal scholars, practitioners, and government representatives from China Law Society.

This was the third program in as many years, focusing on systems to ensure judicial accountability in the US.

China Law Society (CLS) is a nationwide professional and academic organization, serving as a bond between Chinese legal professionals and legal practitioners. It plays an important role in developing the legal system, fostering legal research, and promoting the rule of law in China. China Law Society, its affiliated associations and local branches have actively organized legal professionals and practitioners in China to participate in the nation's legislation, judiciary, law enforcement and law popularization activities, have conducted legal researches and exchanges of multi-subjects, multi-levels and broad-fields, thus have made certain contributions to promoting rule of law in China, and to advance the development of the rule of law in China and to advance social prosperity.

Established in 1949, China Law Society now has 32 provincial branches, 56 affiliated associations and nearly 300,000 members. It serves at a very high level of prestige and input to the Chinese government and legal community and provides substantive legal impact both domestically and internationally. [www.chinalaw.org.cn]

Deputy Chief Michael Connolly, San Francisco Police Department lectures on Professional Standards of State Law Enforcement		Barbara Ward, U.S. Department Of Justice, Department of Professional Responsibility reviews Responsibilites and Oversight of US DOJ Prosecutors

As a major channel of foreign legal exchanges in China, China Law Society maintains relations with more than 800 legal institutions from over 100 countries and regions globally. China Law Society maintains Memorandum of Mutual Cooperation with over 135 institutions from 88 countries. In cooperation with their international partners, China Law Society has conducted broad cooperation in mutual visits, academic studies, as well as legal professional training. *

The International Law Institute conducted training in 2015 with the China Law Society on “Judicial and Prosecutorial Independence; Selection Procedures of Judges and Prosecutors; and Oversight and Management Mechanisms”. That program provided the China Law Society thorough and diverse views and practices of the US judicial system and facilitated deeper comparative analysis of legal systems between US-China national systems, leading the China Law Society to submit a number of judicial reform recommendations upon their return to China. Selected recommendations by CLS were subsequently approved and enacted this year. In 2016, training on “Distribution of Judicial Powers” was also conducted by the International Law Institute and was well-received.

Discussion points for this training continued to focus on U.S. judicial practices, policies, and oversight systems. Detailed discussion points included introduction to the U.S. legal system; judicial accountability and effectiveness; role of the media and trust in judicial transparency; enforcement of court orders and judgments in criminal and civil cases; administrative litigation; safety of court personnel; professional standards and accountability of the federal police, judges, prosecutors, defense attorneys and state/local police; ethics and oversight of federal prosecutors; rights of the accused; U.S. jury system and witnesses; judicial and court training and support organizations; role of congress on the selection of judges; rules of evidence; precedents in the us court and guiding cases in china; procedure and independence of judicial elections; oversight of state judges; public law; court and case management and efficiencies; court technology; among others pertinent issues.

Training was conducted in Washington, DC and San Francisco.

Victoria Henley, Chief Counsel California Commission on Judicial Peformance		Dr. Mei Gechlik discusses China Guiding Cases and US Precedent Stanford University Law School, China Guiding Cases Project

The delegation was led by Mr. WANG Wei, Deputy Director-General of China Legal Exchange Center. The delegation was further comprised of: Mr. HUANG Jianzhong, Vice-President and Secretary-General of Law Society of Henan Province; Mr. LIN Hongwu, Director of Personnel Department of China Law Society; Mr. Zhang Tao, Deputy Director-General of Research Department of China Law Society; Mr. YANG Jianjun, Vice-President of Law Society of Shaanxi Province; Mr. ZHANG Liang, Executive Council Member of Law Society of Tianjin; Ms. MA Yan, Deputy Director-General of Beijing Justice Bureau; Mr. LI Dong, Executive Council Member of Law Society of Guangxi; Mr. WANG Jianhua, Director of Personnel Dept of the Third Branch of People’s Procuratorate of Chongqing; Mr. SUN Changguo, Deputy Procurator-General of People’s Procuratorate of Harbin; Mr. LI Xiaoyun, Deputy Secretary-General of Law Society of Qinghai Province; Mr. BAO Huimin, Director of Trial Administration Office of Shanghai Higher People’s Court; Mr. LI Yong, Deputy Director of Civil Procuratorial Dept of People’s Procuratorate of Jilin Province; Mr. WANG Lei, President, Research Fellow of Xinjiang Social Sciences; Mr. GUO Zhiyuan, Dean, Professor of Law School of Anhui University; Mr. ZHOU Chang, Council Member of Law Society of Hubei Province; Mr. ZHANG Xiaoqiang, Council Member of Law Society of Gansu Province; Ms. GUO Linjia, Secretary-General of Law Society of Chengdu; Mr. ZHANG Fan, Deputy Dean, Professor of Law School of Guizhou Minzu University; Mr. LI Gang, Deputy Director of Membership Department of China Law Society; Ms. LI Lei, Deputy Director of General Affairs Office of China Law Society; Mr. PENG Qiang, Judge of Higher People’s Court of Guizhou Province; and Ms. GUO Lin, Interpreter of China Legal Exchange Center.

This program was supported by the expert inputs from an assembly of training partners from the U.S. federal and state governments; law firms, and private sector legal organizations. ILI respectfully acknowledges the immeasurable expertise, contributions and program support from Prof. Michael Cedrone, Georgetown University Law School; Ms. Debbie Galloway, Mr. David Lindquist, Mr. Michael Wigglesworth and Ms. Erin Palmer, Administrative Office of the U.S. Courts; Prof. Stephen Wermiel, American University Washington College of Law; Ms. Kristina Browning, National District Attorney Association; Mr. William Geoffrey Anderson, Attorney; Honorable William Froehlich, U.S. Federal Administrative Judge; Ms. Laura Joyner, National Center for Judicial Security US Marshals Service; Mr. Charles Gravis, Federal Bureau of Investigation; Ms. Elizabeth Andersen, Ms. Denise Cardman, Ms. Ellyn Rosen, Mr. Dennis Rendleman and Ms. Mary McDermott, American Bar Association - Rule of Law Initiative; Ms. Tammy Reno, Mr. Kebharu Smith, Ms. Peng Wu, US Department of Justice; and Ms. Barbara Ward, U.S. Department Of Justice; Mr. Cory Carlyle and Ms. Jennifer Wicks, DC Association of Criminal Defense Lawyers; Mr. William Collins and Mr. Eugene Ohms, Public Defender Service for the District of Columbia; Mr. Louis Kelly and Ms. Sue Bailey-Jones, Superior Court of District of Columbia; Mr. James Chance, Federal Judicial Center; Ms. Katharine Willey, U.S. Senate Judiciary Committee; Mr. Chris Gauger and Mr. Jeff Adachi [Public Defender of the City and County of San Francisco], San Francisco Public Defenders; Dr. Mei Gechlik, Ms. LIN Jie and Ms. Helen Su, Stanford University China Guiding Cases Project; Mr. Peter Su, Partner and Member, Intellectual Property and Technology Practice, Dentons US LLP; Mr. YANG Qianwu, Senior Partner at Dentons Law Firm (Shenzhen); Deputy Chief Michael Connolly, San Francisco Police Department; Mr. Gregory Slocum, San Francisco Department of Elections; Ms. Victoria Henley - Chief Counsel, California Commission on Judicial Performance; Ms. Louis Renne and Mr. Jon Holtzman, Renne Sloan Holtzman Sakai LLP; and Ms. Laura Speed, Mr. Cory Jasperson, Mr. Robert Oyung, Ms. Francine Byrne, Ms. Heather Anderson, Ms. Heather Pitt and Ms. Jeannette Vannoy, California Judicial Council.

Program development and oversight by Robert Sargin, ILI Deputy Director. Special appreciation to ILI Associates, Mr. Lixun Chen and Mr. Qifan Huang; Ms. Wang Kun, Beijing Future-Land Information Consulting Co, Ltd; Mr. Tony Zhao and Ms. Landy Tu, interpreters.

Elizabeth Andersen, Director  Rule of Law Initiative, American Bar Association, discusses  Professional Standards of Judges		Mr. Cory Jasperson Director of Governmental Affairs Judicial Council of California led discussions on Court and Case Management and Technology

RELATED ARTICLES:

CHINA LAW SOCIETY PROGRAM ARTICLE:  http://www.clec.org.cn/plus/view.php?aid=1011 

STANFORD UNIVERISTY GUIDING CASES PROJECT ARTICLE:  https://cgc.law.stanford.edu/event/guiding-cases-seminar-20170731/ 

CALIFORNIA COURTS ARTICLE:  http://newsroom.courts.ca.gov/news/chinese-delegation-is-latest-to-visit-judicial-council

Vice Chairman ILI-African Center for Legal Excellence - Swithin Munyantwali, Her Excellency the President of Mauritius - Mrs. Ameenah Gurib-Fakim, Director of Strategic Initiatives and Asst. Prof of Law at Drexel University - Mrs. Aimee L. Kahan; and ILI Chairman - Prof. Don Wallace

The leadership of the International Law Institute [ILI] recently visited the island of Mauritius to plan the establishment of an LLM program in International Commercial Law for students in Africa, and had a landmark meeting with the President of the Republic of Mauritius.

ILI Chairman, Prof. Don Wallace Jr, Vice Chairman of ILI-ACLE [African Centre for Legal Excellence], Swithin J. Munyantwali, together with the Director of Strategic Initiatives [and Assistant Professor of Law] at Drexel University, Aimee L. Kahan, met with the President of the Republic of the Mauritius, H.E. Ameenah Gurib-Fakim in connection with the programme.

Public Private Partnership Petition Committee of the Republic of Kenya

The International law Institute conducted a capacity building seminar on Judgment Writing for the Public Private Partnership Petition Committee of the Republic of Kenya. The training took place from May 29^th to June 1^st at the Great Rift Valley Lodge and Golf Resort in Naivasha, Kenya.

Taught by ILI Senior Advisor Don De Amicis, the seminar focused on the competencies, regulations, and decisions of a PPP Petition Committee as well as the structure, style, and substance of judgment writing. Other sessions covered the relationship between an administrative tribunal and the judiciary, as well as the constitutional, legal-substantive, and procedural rules for judgment writing. The committee members also participated in experiential exercises in deliberations and writing a judgment, as well as several plenary discussions.

The PPP Petition Committee of Kenya was established to address all petitions or complaints related to PPP project agreements in Kenya. The committee promotes procedural fairness and transparency with its initial members Chairman James Muruthi Kihara, Isaac Bondet, Paul Karekezi, Jackline Kimento, and Charity Muya-Ngaruiya.

Don De Amicis is an appointee to the Sanctions Committee of the Inter-American Development Bank and the Enforcement Committee of the European Bank for Reconstruction and Development. He is an adjunct professor of law at the Georgetown University Law Center. He frequently lectures at the ILI and has been an advisor in several ILI seminars.

Article By: Catherine Nolan 2017

The International Law Institute was honored to take part in the Belts and Road International Strategic Cooperation forum, held in Shenzhen, China on April 14 – 15^th.  The forum was hosted by State-Owned Assets Supervision and Administration Commission of the State Council [SASAC – the body governing state-owned enterprises in China] and the State Administration of Foreign Expert Affairs [SAFEA].  This program served as a sub forum to the 15^th Annual Conference on International Exchange of Professionals.

In addition to SASAC and SAFEA the sub forum was co-sponsored by the Beijing Future-Land Information Consulting Co.

The International Law Institute together with the China International Legal Professional Alliance [CILPA] assembled experts from China and the US to discuss legal risk and risk prevention of ‘overseas investment compliance review’ and ‘intellectual property trade’ for Chinese SOEs expanding operations internationally, as part of the Belt and Road initiative.  

With the implementation of new Belt and Road initiatives and the expanded internationalized operations of Chinese central SOEs, identifying and mitigating legal risk has become of critical importance. It was our goal to bring awareness of potential risk related to intellectual property and complex international contract issues as central SOEs operate abroad.

The program was moderated by Ms. Helen CAI, General Manager of China International Intellectech Co. Ltd.  Speaking on behalf of CILPA and ILI were Dr. Richard Thurston, of Counsel, Duane Morris, LLP [NY and Taiwan offices].  Dr. Thurston previously served as Senior Vice President and General Counsel of Taiwan Semiconductor Manufacturing Company, Ltd., where he was also Chief Proprietary Information Officer (Trade Secrets), and Corporate Compliance Officer.   Dr. Thurston was joined by Mr. ZHENG ‘Chris’ Liu also from Duane Morris, LLP [DC office]. Also speaking were Mr. WANG Zhengzhi, Partner of Global-Law Law Firm [Beijing office], and Mr. CHEN Fayun, Senior Partner Grandall Law Firm.  Mr. CHEN also serves as Chair of the International Law & Practices Section of the Jiangsu Bar and also serves and a CEITAC arbitrator.  Participating for ILI was Robert Sargin, Deputy Director.

Mr. CHEN Fayun - Grandall Law Firm	Dr. Richard Thurston - Duane Morris, LLP	Mr. WANG Zhengzhi - Globe-Law Law Firm

The International Law Institute proudly announces Volume 2 in in our Series on International Law, Arbitration, and Practice.  Our new publication is titled "Natural Resources and the Law of the Sea: Exploration, Allocation, Exploitation of Natural Resources in Areas under National Jurisdiction and Beyond". 

This volume is principally edited by Lawrence Martin, a partner at Foley Hoag LLP where he serves as Deputy Chair of the firm’s International Litigation and Arbitration Department; Constantinos Salonidis, a Senior International Associate at Foley Hoag LLP with extensive experience in international dispute resolution; and Christina Hioureas, Chair of the United Nations Practice Group at Foley Hoag LLP. General editing of the work was performed by Ian A. Laird, Co-Chair of the International Dispute Resolution Group at Crowell & Moring LLP; Borzu Sabahi, a Partner in the International Arbitration Group of Curtis, Mallet-Prevost Colt & Mosle LLP; and Anne Marie Whitesell, a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center.

A timely and in-depth investigation and analysis of key issues across the law of the sea and natural resources disciplines, Natural Resources and the Law of the Sea focuses on the United Nations Convention on the Law of the Seas (UNCLOS) and its application to the exploration, allocation, and exploitation of natural resources.  Natural Resources and the Law of the Sea features edited transcripts of speeches delivered by leading experts during the December 2016 conference co-sponsored by the International Law Institute and Georgetown University Law Center.  Accompanying these insights are additional papers from a number of scholars, practitioners, and various government officials addressing issues related to those discussed at the conference.

To Purchase: 

Natural Resources and the Law of the Sea: Exploration, Allocation, Exploitation of Natural Resources in Areas under National Jurisdiction and Beyond is available for purchase from Juris Publishing in both hardcover and digital formats.