DATES: NOV 4-8, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
TUITION: $1995    
     

 

 

 

 

 

Overview

The seminar comprises the first week of the Advanced Arbitration and Mediation seminar and examines the foundations of arbitration and mediation, including advanced legal issues in international commercial arbitration. Participants will learn the principles of mediation through case studies and practical exercises. The seminar is an indispensable asset to all professionals seeking to strengthen their knowledge of ADR.

Course Outline

  

Mediation

  • Processes, Skills and Techniques
  • Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements of mediator and parties
  • Finding resolution in mediation: uncovering interests, breaking deadlock, closure, and follow-up
  • The Role of Advocate and Litigant: preparing for mediation; devising a settlement strategy; advocating for your client; guiding and advising your client during mediation 

  

Foundations of International Arbitration (Advanced) - Topics Selected From:

  • The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
  • The Arbitrators: appointment, qualification, arbitrator ethics and challenges
  • The Arbitration Proceedings: choosing arbitration rules, seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards
  • Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law 
  • Court Assistance: interim measures, appointment of arbitrators, assistance in taking evidence, judicial review
  • Enforcement of Arbitral Awards


COURSE ADVISOR

Anne Marie Whitesell is a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center and Director of the ILI Center on Alternative Dispute Resolution. Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She has practiced with law firms in both the United States and in France and was a lecturer at the Université de Paris I, Panthéon-Sorbonne and the Institut de Droit Comparé (Université de Paris II). She is admitted to the New York State Bar, the Bar of the District of Columbia, and to the US District Courts for the Southern and Eastern Districts of New York.

DATES: OCT 21 - NOV 1, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950   
       

 

 

 

 

 


Overview

The course focuses on providing the knowledge and skills necessary to administering and managing a contract. The course also will discuss and examine FIDIC Contracts, which are increasingly being used by international construction agencies and Multilateral Development Banks, including the World Bank. In a time when contracts awarded by government and commercial entities are increasingly complex and involve sophisticated technology, a firm understanding of contract administration and management is vital to success. Through lectures, discussions and case studies, the course will examine contracts in the award and performance phases from the purchasers' and contractors' viewpoints.

The seminar is intended for project managers, contract managers, professionals from government ministries and agencies, consulting professionals, legal advisors, and all involved in the implementation and management of a contract.

Course Outline

 

Managing the Contract

  • Types, forms, and terms of contracts (including Donor Contracts)
  • Procurement
  • Concepts and principles of contract law
  • Key legal definitions and terms
  • FIDIC and other types of contracts
  • Contract price and payments

 

Contract Negotiations

  • Negotiation objectives
  • How to negotiate

 

Contract Administration

  • Roles, responsibilities and authorities
  • Communications and teamwork
  • Monitoring contracts
  • Administering consulting contracts
  • Filing records and audits
  • Payment schedules
  • Cost control
  • Changes to the contract requirements

 

Managing Contractor Performance

  • Reporting
  • Issue management
  • Poor performance
  • Managing quality assurance of deliverables
  • Performance evaluation
  • Performance incentives

 

Performance and Scheduling Management

  • Baseline tracking
  • Integrated change control
  • Management of quality assurance and non-compliance
  • Risk and issue management
  • Management handover and contract closure
  • Documentation management

 

Claims Management

  • Understanding claims and why they arise
  • How to process and assess a claim
  • Dispute mechanisms in the contract
  • Dispute mechanisms under FIDIC
  • Managing arbitration
  • Dispute resolution

Course Advisor

Don De Amicis is an Adjunct Professor of Law at the Georgetown University Law Center, where he teaches international business transactions, and a Senior Advisor at the International Law Institute. He was previously Vice President and General Counsel of the Overseas Private Investment Corporation, the U.S. government’s development finance institution, which supports private investment through project finance and political risk insurance. Don was a partner at the international law firm Ropes & Gray, where he focused on finance, corporate law, and restructuring. He is a member of the Sanctions Committee of the Inter-American Development Bank and the Enforcement Committee of the European Bank for Reconstruction and Development, and also serves as an independent arbitrator.

DATES: OCT 21-25, 2019
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

Overview

This seminar focuses on the practical skills necessary for drafting contracts in English. Participants will sharpen their skills in working with legal English, and specifically drafting contracts in legal English. The emphasis is on learning by doing, and the seminar will offer the opportunity to draft and receive feedback from experts. Participants will engage in several drafting exercises and a negotiation session.

Course Outline

  

Overview of the U.S. Contract Law

  • Sources of Law
  • Contract Formation
  • Contract Interpretation

 

Basic Drafting Topics

  • Definitions
  • Warranties
  • Termination Clauses
  • Remedy Provisions
  • Contingency Clauses

 

Boilerplate Language and Utilizing Templates

  • Choice of Law/Governing Law
  • Jurisdiction
  • Arbitration
  • Force Majeure
  • Third Party Rights

 

Course Advisor

Dr. Kevin Fandl is the director of the Global Legal Education Institute and author several books, including Narrowing the Gap: Legal English for the New Global Legal Practitioner and Lost in Translation: Effective Legal Writing for the International Legal Community. He has taught law and policy courses around the world since 2004 and specializes in the areas of international trade, migration, and economic development. Dr. Fandl is a graduate of American University (J.D., M.A.) and George Mason University (Ph.D.) and is currently Professor of Legal Studies and Global Business Strategy at the Fox School of Business at Temple University.

 

 

DATES: OCT 21 - NOV 1, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
       

 

 

 

 

 

Overview

Countries face many challenges related to sustainable development of their energy sectors. Governments must adapt policies and legal framework to efficiently develop their natural resources (both conventional and renewable resources); diversify and optimize the energy source mix, address climate change impact and meet INDC requirements, attract capital and expertise to develop the entire energy sector value chain; capture economic rents to pass through energy sector benefits to local communities; ensure optimum local content development; improve linkages to power sector; foster transparency, corporate social responsibility and environmental stewardship - all of which is critical for securing the affordable, reliable, and sustainable energy supply and for growing the local economies.

This seminar examines issues using policy, legal, and commercial lenses to provide a strategic level understanding of the sustainable value chain.  Participants will receive a detailed review of the legal and commercial issues that must be resolved for successful sector development.  Material is delivered through a variety of methods including: reference reading, in-class lecture, industry panels, and interactive group simulations and workshops.

Course Outline

FUNDAMENTALS

  • Global energy sector overview, value chain, issues and trends
  • Objectives of a host government, SOEs, energy companies and other stakeholders
  • Host country’s strategic policy issues, legal and regulatory framework and fiscal regime
  • Climate change: adaptation and mitigation targets and implementation
  • Negotiation framework, strategy, and toolsNegotiation framework, strategy, and tools

OIL AND GAS (UPSTREAM, MIDSTREAM AND DOWNSTREAM)

  • Upstream fiscal systems, taxation 
  • Upstream contracts and key terms
  • Special considerations for natural gas
  • Sales, storage, and transportation
  • Transboundary pipelines
  • Refineries
  • State participation in oil and gas projects

 

RENEWABLES

  • Commercial and operational framework
  • Development, structuring and financing of renewable projects
  • Case studies for solar, wind, geothermal, hydro, and other projects
  • Requirements for host governments in development their renewables sector

POWER SECTOR

  • Sector fundamentals and structure
  • Project funding issues and alternatives
  • Power sector contracts and terms
  • Trends and developments with case studies

SPECIAL CONSIDERATIONS

  • Climate change: adaptation and mitigation targets and implementation
  • Local content and other energy sector benefits to local communities
  • Energy corridors and regional cooperation
  • Transparency, anti-corruption, CSR and environmental standards
  • Resolution of energy sector disputes between states and investors


Course Advisor

Guly Sabahi is an independent legal adviser and outside general counsel, with 15 years of law firm experience (most recently as Partner at Dentons), advising major international companies and state-owned entities (including NOCs) on cross-border M&A and JV transactions, mainly in the energy sector. Guly also provides legal support on upstream projects, and power projects. Guly has worked on transactions and projects involving assets in over 50 countries in the Middle East, the Sub-Saharan Africa, Central Asia, and Latin America. Guly teaches at Georgetown University Law Center, and regularly speaks at events hosted by the Association of International Petroleum Negotiators (AIPN), and other leading organizations. Guly serves as a Director and VP Model Contracts of the AIPN. Guly is trained in both civil law and common law jurisdictions, and is admitted to practice in the US (New York and District of Columbia), and as Solicitor in England and Wales.

Robert Lesnick is an Executive Advisor to businesses and governments seeking to develop projects which expand development and use of natural gas.  Mr. Lesnick recently retired from the World Bank as its Oil and Gas Program Coordinator after a successful 30-year career in the private sector.  He has extensive experience in the petroleum sector, including commodity trading, project development, and natural gas field operations.  Robert has over 25 years of international experience as a manager and lead negotiator for the development of energy infrastructure projects.  He has conducted business in more than 60 countries on 6 continents.

DATES: OCT 7-18, 2019
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
       

 

 

 

 

 

Overview

This course offers an intensive experience in drafting legislation. The course assists participants in mastering legislative provisions that pose special challenges to legislative drafters. Participants will draft all language necessary to develop and amend a simple bill as it would move through the legislative process and will also organize and draft a long, complex bill involving the reorganization of government bodies. Some prior experience in legislative drafting or legislation is helpful.

Course Outline

  

Drafting a Simple Bill

  • Learning to convert a legislative proposal into a bill for introduction in a legislative chamber

Drafting Amendments to a Bill and to Law

  • Committee "markup" amendments
  • "Floor" (whole House) amendments
  • Amendments to existing law

 

Instruction on Specialized Legislative Processes

  • Working with legislative committees
  • Budget and appropriations rules and problems
  • Participating in a mock committee markup session

 

Drafting a Government Grant Program

  • Instruction in selection and drafting of legislative language authorizing grants

 

Drafting Government Reorganization

  • Establishing a Government Agency
  • Abolishing a Government Agency
  • Consolidating Government Agencies
  • Savings ("grandfather") clauses
  • Transition provisions
  • Repeals

 

Drafting a Complex Bill

  • Organization of Legislative Provisions
  • Close Supervision and Review of Drafting Work

 

Course Advisor

Arthur J. Rynearson served as the Deputy Legislative Counsel of the United States Senate from 1999 to 2003. For more than 26 years, he was an attorney-drafter in the Office of the Legislative Counsel, United States Senate, where he drafted thousands of bills, resolutions, and amendments. He has 20 years experience teaching legislative drafting and legislation to foreign parliamentarians, attorneys, and law students. He also served as a legislative researcher for the Congressional Research Service of the Library of Congress. He is a graduate of the Cornell University Law School, where he specialized in international legal affairs, and a Phi Beta Kappa graduate of Hamilton College, where he majored in Government. Mr. Rynearson is also the author of Legislative Drafting Step-by-Step (Carolina Academic Press-ILI, 2013), a user-friendly guide to drafting legislation.