On March 26, 2020, the International Law Institute was proud to support and co-host with the Inter-University Center for Terrorism Studies [IUCTS] its conference on “Combating Global Coronavirus: From Isolation to International Cooperation” held as part of Special Ambassador’s Forum series.

The conference focused on the growing concern of the world community with consequences of the outbreak of the Coronavirus. Panelists for this program were drawn from health care, law, security, and diplomatic corps. Issues addressed included threats and responses at both national and international levels.

This program was further supported by the Inter-University Center for Legal Studies at the International Law Institute and the Center for National Security Law, University of Virginal Law School.

The International Law Institute is proud of a long and constructive relationship with the People’s Republic of China dating since 1978. Over the many years, ILI has worked constructively to support capacity training, technical assistance, specialized legal conferences, and exchange programs. ILI has developed and delivered diverse programs from law and governance, to judicial reform, infrastructure, economics, trade, dispute resolution, engineering, and poverty alleviation.

It is our hope that ILI's programs, and the contributions from our technical experts, have substantially aided our delegates in their understanding of applicable legal subject matter, policies, and strategies in our shared goal to promote the effective application of good governance and the rule of law.

In 2019 ILI hosted a series of distinguished delegations of legal scholars, practitioners, and government representatives from China.


SHANGHAI FINANCIAL COURT:  JUDICIAL PROCEDURE INVOLVING COMPLEX FINANCIAL CLAIMS 

The International Law Institute was proud to have received leadership from the Shanghai Financial Court in September 2019. The Shanghai Financial Court is the first specialized financial court to be established in China. It was established in 2018 and is focused on hearing and administering specialized and high level complex financial cases.

Led by the Honorable ZHAO Hong, Senior Judge and President of the Shanghai Financial Court the delegation included the Honorable HUANG Songtao, Vice President of the Shanghai Maritime Court, the Honorable CUI Jie, Senior Judge No. 2 Division of the Shanghai Financial Court, the Honorable ZHANG Hui Chief Judge of the No. 2 Administrative Division of Shanghai No. 3 Intermediate People’s Court, Ms. NI Zhongyue, Deputy Director of the General Office of the Shanghai Financial Court, and Mr. LIU Ping, Director for the Municipal Law Society.

High level exchanges took place on judicial procedure involving Complex Financial Claims, Procedural Variances, Civil and Administrative Procedure, Judicial Qualifications, ADR in Financial Disputes; Technology and AI in Judicial Procedure; Class Action and Multi Party large scale financial claims, Specialized Jurisdiction; Precedent; Judicial Protection of Consumers; Tort Liability, Securities Fraud; Role, Jurisdiction and Procedure of Claims arising from Internet Based Financial Transactions.

Meetings were conducted in Chicago, Washington, DC and New York City. The International Law Institute would like to thank the important contributions of time and expertise shared by: the Illinois Judges Association, the Circuit Court of Cook County, via the Honorable Diane Shelley, Judge Snyder, Judge Mulroy, Judge Mullen and Mr. Dan Robin; US Court of Appeals for the Seventh Circuit; the US Federal Court of Claims with Judge Marian Horn; the Supreme Court, New York County, Commercial Division, with Judge Saliann Scarpulla, Judge Kaplan, and Mr. Robert Haig supporting those meetings.


SHENZHEN LAWYERS ASSOCIATION:  INTERNATIONAL INVESTMENT AND CROSS BORDER DISPUTE RESOLUTION

The ILI welcomed a senior delegation appointed by the Shenzhen Lawyers Association. The 23 member delegation was comprised of accomplished and technically sophisticated international lawyers. The specialized program focused on Cross Border Investment and international dispute resolution.

The delegation was led by Ms. Han Jun, Partner - V&T Law Firm. Included in the program were: Gao Wenjie, Partner - Tian Yuan Law Firm Shenzhen Office, Yin Shidi, Partner - Finance & Commerce Law Offices; Zhang Lexiong, Lawyer - Hylands Law Firm (Shenzhen Office); Yang Fan, Of Counsel - King & Wood and Mallesons (Shenzhen) Law Firm; Sui Shujing, Partner – Deheng Law Offices; Feng Haibin, Partner – GuangHe Law Firm; Zhao XiaoChun , Partner – GuangHe Law Firm; Yi Ziangyang, Partner - Beijing Jingtian & Gongcheng Law Firm (Shenzhen Office); Zhang Yan, Lawyer - Guangdong Bangyi Law Firm; Wen Daren, Partner - Tian Yuan Law Firm (Shenzhen office); Yan Qiong, Partner - King & Wood and Mallesons (Shenzhen )Law Firm; Wang Xielin, Partner - Guangdong Yingzun Law Firm; Zhou Lisi, Senior Partner - P.C. Woo & Zhonglun W.D. LLP; Che Yanmei, Partner - Beijing Dentons Law Offices LLP (Shenzhen); Liu Meng, Lawyer - Guangdong SD & Partners; Huang Xiaoli, Lawyer - Beijing Guantao Law Firm （Shenzhen）; Chen Zhifeng, Lawyer - Guangdong Zhuojian Law Firm; Li Yali, Lawyer - Beijing Long An (Shenzhen) Law Firm; Yang Qi, Senior Partner - P.C. Woo & Zhonglun W.D. LLP; Chen Delin, Partner - Guangdong Wint Law Firm; Peng Yanshan, Lawyer - Guangdong Yiyan Law Firm; Li Jingwen, Partner - Beijing Dentons Law Offices LLP (Shenzhen).

This program was engineered to meet the specific needs of this delegation. It is designed to advance the understanding, expertise and capacity of senior legal practitioners. This technical legal training program focused on the US Legal System; International Trade, National Security Review, Section 301, US /China Trade Relations, International Trade Disputes and Remedies, IP; Corporations, Regulations, Governance; International Investment and Practices: Trends and Climate; Investment Risk and Mitigation; Belts and Road Initiative; International Commercial Arbitration in Complex Cases: Strategies and Practices; ISDS; Mediation, ICC Dispute Resolution - Courts and Procedure; Cross Border Insolvency and Asset Recovery; International Investments; Security Review; International Commercial Dispute Resolution; International Contracts; Cross Border M & A; Law Firm Management and Expansion; among any related issues.

In addition to lectures, and site visits, lawyers met with representatives from prestigious international law firms in DC to better understand from their U.S. peers organizational structure and of those firms and general management of large international law firms.

This program was supported by 33 contributing speakers and over 20 supporting organizations. ILI respectfully acknowledges the immeasurable expertise, contributions and program support from the faculty of the International Law Institute: Kevin Fandl, Temple University; Patrick Macrory, International Law Institute, Warren Maruyama, Hogan Lovells, Spencer Griffith, Jeremy Schwer, Akin, Gump, Strauss Hauer & Feld, LLP; Edmund Sim, Kelley Slater, Arthur Appleton, Appleton Luff; Gary Horlick; Kwan Kim, Michael Koltonyuk, Sheppard Mullins; Larry Wu, Dai and Associates; Howard Fogt, Gregory Husisian, Christopher Swift, Foley & Lardner LLP; Marcia Wiss, Wiss Partners LLP; Kiran Gore, George Washington University; Judge Craig Iscoe – Superior Court of the District of Columbia; Justin Jacinto, Curtis Mallet; Hugh Carlson, Benjamin Jones, Mahir Chattopadhyay, Three Crowns LLP; Steven Shapiro, Washington College of Law – American University; Kristen Young, Matthew Drossos, White and Case, LLP; Ella Rosenberg, Celeste Mowatt, Dr. Jonathan Chevry, World Bank ICSID; Mark Kantor, Georgetown Law; Charles Camp, Law Offices of Charles Camp; and Mary Kate Wagner, Camille Ng, Pedro Arcoverde, ICC International Chamber of Commerce Court.


ALL CHINA LAWYERS ASSOCIATION: INTERNATIONAL INVESTMENT AND CROSS BORDER DISPUTE RESOLUTION

The International Law Institute was proud to have welcomed our third delegation of esteemed lawyers from the All China Lawyers Association - ACLA - in October of 2019. Our 2.5 week capacity training program centered on International Investment and Cross Border Dispute Resolution. Sessions consisted of lectures, site visits, and seminars presented by government officials, practicing lawyers and policy experts.
 

Subject matter included a framework of the US Legal System and how investment law and dispute resolution are reviewed and administered in the US and internationally; Regulation of Businesses; Corporations ans Structure; Considerations in International Investments; International Trade, Regional Trade Agreements: Rules, Risks, Policies; Future of the International Trading Systems; Developments with the WTO Dispute Mechanisms; US – China Trade and Investment Relations; Observation of Trade Dispute Hearings; Global Cross Border Investment Trends and Climate; Capital Flows, Factors affecting Investments; Increase in Global Security Reviews; Practices in Cross Border Investment and Merger and Acquisition strategies; Security Review in the US and globally; Export control and Sanction Compliance (and jurisdictional reach); Investment risk analysis and mitigation; international commercial arbitration; ICC and BRI Arbitration and Considerations; Complex Cross Border Arbitration; Litigation, Mediation, Negotiation and Reworking Deals in International transactions; PPP and Infrastructure – Project Finance – EPC Contracts; World Bank Meetings on Integrity Systems; Conferences with top DC/International Law Firms on law firm management , structure, personnel development, and international growth; Cross border insolvency and asset recovery; international debt collection; Observations of China-Africa Investment Observations and dispute resolution strategies in Africa; International IP – 337, criminal prosecution, case studies.

The 51 member 2019 delegation consisted of Guan Jian, Partner - Beijing Globe-Law Law Firm; Jia Hui, Partner - DeHeng Law Offices; Chen Siyun, Partner - Zhejiang L&H Law Firm; Shao Kaijun, Partner - Beijing S&P (Shanghai) Law Firm; Tang Feng, Director - Shanghai Win&Far Law Firm; Xu Shanshan, Partner - Shanghai Hiways Law Firm; He Fang, Partner - King & Wood Mallesons (Shanghai); Dai Qin, Lawyer - Grandall Law Firm (Guiyang); Li Jinnan, Partner – Tahota Law Firm; Ni Tongmu, Director/Partner - Allbright Law Offices (Nanjing); Pan Zhicheng, Senior Partner - Shanghai HuiYe Law Firm; Xu Lihua, Director - Dentons LLP, Ningbo offices; Li Jinnan, Partner – Tahota Law Firm; Ni Tongmu, Director/Partner – Allbright Law Offices (Nanjing); Pan Zhicheng, Senior Partner - Shanghai HuiYe Law Firm; Xu Lihua, Director - Dentons LLP, Ningbo offices; Li Zhong, Partner - DeHeng Law Offices; He Shi, Partner - Guangxi SUNWARD Law Firm; Luo Yafei, Lawyer - Guangdong Harvesting Law Firm; Zhu Benfun, Partner - Beijing B&J Partners Law Firm; Yang Run, Partner - Beijing Deheng Law Offices (Guangzhou); Luo Jie, Partner - Beijing LongAn Law Firm (Shanghai); Zhang Jie, Senior Partner - Beijing Dentons Law Office, LLP (Zhuhai); Lou Yaohui, Director - Shanghai CILS Law Firm; Cao Jingling, Partner - JUNZEJUN Offices of Beijing; Zhang Suie, Partner - Beijing Anli & Partners; Luo Zhiyu, Lawyer - Beijing Jingshi Law Firm, LLP.; Zhong Xin, Lawyer - Liaoning Fada Law Firm; Wang Lei, Partner - Beijing ZhongLun Law Firm (Qingdao); Cheng Jianao, Partner - Dentons LLP, Shanghai offices; Li Yanyan, Partner - Henan JIUJUN Law Firm; Ma Xiaoyun, Partner - King & Wood Mallesons (Nanjing); Wang Wei, Partner - Grandall Law Firm (Suzhou); Zhou Lixuan, Senior Partner - Shanghai Titan Law Firm; Quan Chaohui, Partner - ETR Law Firm; Li Zhengning, Partner - Beijing Hylands Law Firm; Niu Tongxu, Partner - Tianjin Winners Law Firm; He Yanhong, Lawyer - Shanghai City Haiways Law Firm(Zhengzhou); Zeng Wenzhong, Director - Sichuan YingLingHeShi Law Firm; Shen Zhushi, Senior Partner - Zhejiang Brighteous Law Firm; Zhu Xuerun, Lawyer - Anhui Chengyi Law Firm; Lin Muqing, Partner - Guangdong Qiyuan Law Firm; Hou Zhiwei, Partner - DeHeng Law Offices; Zhu Ning, Partner - Chance Bridge Partners; Li Jiangang, Senior Partner - Beijing YINGKE Law Firm (Shanghai); Zhang Yu, Partner - Beijing Grandway Law Offices (Chengdu); Yang Xiuxiong, Lawyer - Beijing Yingke Law Firm (Kunming); Li Hongwei, Founder - GRAND LI & CO.Law Firm; Chen Lei, Partner - RICC&CO Law Firm; Guo Zhen, Vice Director - The Universal Legal Corporation; Sun Tao, Partner - Zhonglun W&D Law Firm (Shenzhen); Chen Shaokai, Partner - Dentons LLP, Suzhou offices; Liao Mingxia, Partner - Beijing Deheng Law Offices (Shenzhen); Guo Xinhang, Staff - All China Lawyers Association.

In addition to ILI many firms, multi lateral organizations and government offices contributed to this training program. Included were: Sheppard Mullins LLP, Temple University, Appleton Luff, Akin Gump Strauss Hauer & Feld LLP, Sidley Austin LLP, Steptoe and Johnson LLP, Dai and Associates, Foley Lardner LLP, Wiss Partners LLP, Curtis Mallet LLP, Berliner Corcoran & Rowe LLP, Georgetown University, Three Crowns, White and Case LLP, World Bank, Norton Rose Fulbright LLP, US International Trade Commission, Cathaylex, Law Offices of Christopher Redmond LLC. The International Law Institute remains indebted to our contributors for their inputs and professional courtesies.


GUANGDONG HIGH PEOPLE’S COURT: CRIMINAL PROCEDURE AND LEGAL PRECEDENT

Under the direction of the Supreme People’s Court of China, ILI hosted an esteemed delegation of judges from the Guangdond High People's Court [Guangdong Province]. Meetings focused on “Criminal Procedure and Legal Precedent”.

Discussions included rules of evidence, re-investigations, charging and prosecution procedures, prosecuting foreign nationals, appellate process, precedent, considerations in criminal court procedure, criminal and financial crimes in federal courts.

The delegation was led by his Honorable YANG Zhenggen, Vice President of the High People’s Court of Guangdong Province, Senior Judge; adjoined by the Hon. XIE Wenlian, Full-time Member of the Adjudication Committee of the High People’s Court of Guangdong Province, Senior Judge; Chief Judge LUO Shaoxiong, Criminal Division of the High People’s Court of Guangdong Province; Hon. HU Xiaoming, Senior Judge of the Fourth Criminal Division of the High People’s Court of Guangdong Province; Hon. WU Haitao, Senior Judge of the First Criminal Division of the High People’s Court of Guangdong Province; and Mr. LIANG Zhanxin, Deputy Director of the Trial Management Office of the High People’s Court of Guangdong Province.

ILI would like to thank U.S. experts participating in these conferences for their important contributions. High level meetings were conducted with Christopher Boyle and Andrea Nieves from the New York County Defender Services; Ken Kern and Walter Alexander of the Manhattan District Attorney’s Office; Christina Swarns, David Bernstein, Steven Chu and Anastasia Heeger of the Office of the Appellate Defender; Judge Michael O’Keefe, Superior Court of the District of Columbia; and the Honorable Judge Marian Horn of the US Federal Court of Claims; and Robert Sargin, Deputy Director, International Law Institute.


ACKNOWLEDGEMENTS

Special appreciation to ILI Associates Ms. MA Ning, and Ms. Nigina Iminova for their dedication and unparalleled contributions to these programs.

Program development and oversight by Mr. Robert Sargin, ILI Deputy Director. ILI wishes to thank Ms. WANG Kun, Beijing Future Land Information and Consulting Co. Ltd, [ILI’s representative in Beijing], and Mr. Randy Liu for extraordinary program coordination.


GLOBAL LAWYERS FORUM AND BELTS AND ROAD INTERNATIONAL LAWYERS ASSOCIATION

The International Law Institute was invited to participate in the Global Lawyers Forum held in Guangdong in December. The event drew approximately 800 global legal experts and covered a number of important issues related to international policy, investment, commercial, and other legal themes. ILI Chairman, Prof. Don Wallace, Jr presented at the conference on "Investor State Dispute Resolution as an International Commercial Dispute Mechanism".

The ILI was also invited to participate in the Belts and Road International Lawyer Association [BRILA] as a founding member. It is ILI’s hopes to provide inputs into international commercial law contributing to building robust, transparent, and compliant legal systems benefiting equally participating BRI country's legal, economic, and social systems.

Conference: “Geopolitical and Legal Aspects Shaping the Debates on Energy Basins in the Eastern Mediterranean”

On February 19, 2020 a conference was organized by ILI-Istanbul at Hergüner Bilgen Özeke Attorney Partnership on the “Geopolitical and Legal Aspects Shaping the Debates on Energy Basins in the Eastern Mediterranean”.

The program evaluated the geopolitical and legal aspects that shape the debates on energy basins in the Eastern Mediterranean. Moderator and panelist included: Ümit Hergüner (ILI USA Board Member and Senior Partner of Hergüner Bilgen Özeke Attorney Partnership) as moderator; and panelists: Kayra Üçer (President of ILI İstanbul and Managing Partner of Hergüner Bilgen Özeke Attorney Partnership); Dr. Cihangir Akşit (Veteran Major General); Bilge Cankorel (Retired Ambassador); Sedat Ergin (Columnist at Hürriyet Journal); Dr. Dolunay Özbek (İstanbul Bilgi University Law Faculty, International Law Faculty Member); Mithat Rende (Retired Ambassador, Turkish Industrial Development Bank Board Member); Deniz Tuncel (Partner at Hergüner Bilgen Özeke Attorney Partnership).

Discussions throughout the conference yielded many political, legal, and economic outcomes. Perhaps the most notable topic was the Memorandum of Understanding (“MoU”) signed by Turkey and Libya on maritime delimitation and the declaration of an exclusive economic zone (“EEZ”). Several panelists challenged the legal nature of the MoU and questioned whether it constitutes an “international agreement” as enshrined in the Vienna Convention on the Law of Treaties (“VCLT”). Professor Özbek explained that pursuant to Article 2(1)(a) of the VCLT, a treaty is defined as an international agreement concluded between States in written form that is governed by international law and whatever its particular designation. In this regard, an MoU, which consists of rights and obligations that are binding on its parties, is an international agreement regardless of its title. Since the MoU between Turkey and Libya defines maritime delimitation and sets forth each party’s rights and obligations, it should be considered an international agreement. Concerning maritime delimitation, the panelists compared Turkey’s position in the Blacksea and the Eastern Mediterranean. They also discussed the probable positive and negative consequences of bilateral delimitation agreements in the Eastern Mediterranean that are used to settle disputes in overlapping areas.

Another topics of discussion included offshore pipelines. In this regard, a comparison was made between the TurkStream Natural Gas Pipeline, the Baku-Tbilisi-Erzurum Natural Gas Pipeline, the Trans-Anatolian Natural Gas Pipeline (“TANAP”), and the planned natural gas pipeline in the Eastern Mediterranean (“East-Med”). Panelists discussed the feasibility and the positive and negative economic and political outcomes of East-Med. Some panelists shared their views on the possibility of connecting East-Med to TANAP or to the Turkish Transmission Network and transferring the gas this way. Moreover, the panelists explained the current positions of the states involved in the East-Med pipeline, particularly with regard to the Turkish Republic of Northern Cyprus’ willingness to negotiate and cooperate and the Greek side’s unwillingness to cooperate.

Over 40 participants attended.

The International Law Institute would like to announce to availability of the 2018 edition of the "Digest of United States Practice in International Law", just released.

[Click on the image to download]

Prepared by the Office of the Legal Adviser at the U. S. Department of State, the "Digest of United States Practice in International Law" is an annual compilation of documents and commentary highlighting significant developments in public and private international law. The compilation is an invaluable resource for practitioners and scholars in the field.

Each annual edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports, and press releases. All of the documents excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State based on their judgments about the significance of the issues, potential relevance to future situations, and likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. - Davis Robinson: Former Legal Adviser to the US Department of State.

Beginning with the 1989 edition, the International Law Institute has held the high honor and privilege of working with the Office of the Legal Adviser, United Stated Department of State, in the publishing of the “Digest of United States Practice in International Law” and making this important text available to governments, legal and policy experts, and academic institutions globally.

Commencing with the 2013 edition, the US Department of State and the International Law Institute have made all new editions available for download, at no cost.

US Dept. of State “Digest” Web Page:     https://www.state.gov/digest-of-united-states-practice-in-international-law/
ILI “Digest" Web Page:                             http://ili.org/publications/digest.html

We believe that providing the Digest in a digital format, while retaining its book layout, will assist in: universal access, readability, archiving, as well as leveraging the enhanced functionality an electronic version offers.

Hard copies of earlier editions of the Digest are still available and may be purchased through ILI or our co-publishing partners, as listed below.

DIGEST OF UNITED STATES PRACTICE IN INTERANTIONAL LAW – HARD COPY

The International Law Institute is pleased to partner with the Indian National Association of Legal Professionals [INALP], BSM Legal Advisors & Strategy Consultants, representatives of Mitchell Silberberg & Knupp LLP, and the Institute of Chartered Financial Analysts of India Law School [ICFAI Law School] to conduct two 2-day training programs on the “ESSENTIALS OF ARBITRATION IN INDIA AND INTERNATIONAL COMMERCIAL ARBITRATION”.

PROGRAM IMPORTANCE: International Commercial Arbitration as an alternative tool for dispute resolution is fast gaining popularity not only in India but globally since it offers the advantage of not going to the regular courts and thus saving time and costs. For foreign companies entering into contracts with Indian business partners, India’s legislative reforms in recent years have positioned India to become a widely accepted seat for International Commercial Arbitration to resolve business disputes. It is important for India to have a strong in-country mechanism to ensure that the country emerges as one of the most preferred destinations for Arbitration. To realize that potential, there is an urgent need to suitably strengthen the process within the country and to provide ongoing opportunities for Indian dispute-resolution lawyers and professional arbitrators to hone their skills and deepen their understanding of the legal regime and the procedural issues that arise before, during, and after an international commercial arbitration. To contribute to this important need, the Indian National Association of Legal Professionals (INALP) in partnership with the International Law Institute (ILI), Washington D.C. is organizing a 2-day training program on “Essentials of Arbitration In India and International Commercial Arbitration” in New Delhi & Hyderabad in February 2020. This training program will serve as a platform for enhancing the knowledge of Indian professionals in the field; discussion of critical issues; experience-sharing with international experts on best practices, and charting a roadmap to strengthen arbitration the enforcement of international arbitral agreements and arbitral awards in the country. This ultimately will feed into policy making for the promotion of international commercial arbitration in India.

DATES and LOCATION:

HYDERABAD     FEB 16 - 17, 2020     ICFAI LAW SCHOOL [IFHE CAMPUS] DONTHANAPALLY, SHANKARAPALLI RD., HYDERABAD 501203
NEW DELHI      FEB 21 - 22, 2020     INDIAN INTERNATIONAL CENTRE, 40 MAX MUELLER MARG, NEW DELHI 11003,
                                                     [CONFERENCE ROOM 1]

REGISTRATIION AND CONTACT:

ANJALI NAGPAL, ADMINISTRATOR, INDIAN NATIONAL ASSOCIATION OF LEGAL PROFESSIONALS (INALP)
B-8, 3RD FLOOR, MODEL TOWN 2, NEW DELHI - 110009
EMAIL: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it.
WEB: WWW.INDIANLEGALASSOCIATION.ORG

Our program was developed in close cooperation with Mr. Manuj Bhardwaj, Executive Secretary - Indian National Association of Legal Professionals [INALP], Mr. Mark Bravin, Partner – Mitchell Silberberg & Knupp LLP [Washington DC]; and Robert Sargin, Deputy Director - International Law Institute. ILI would like to thank the following ILI associates who contributed to its administration: Hope Swanson, Veniece Miller, Nicole Anselmo, Echo Hu, Stefan Gehrman and Bill Dai.

This email address is being protected from spambots. You need JavaScript enabled to view it.

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