Training

2012 ARBITRATION AND MEDIATION

 

DATES: APR 30 - MAY  11, 2012    
TUITION: $3950    
     

 

 

 

Overview

This course familiarizes participants with alternative methods of dispute resolution (ADR). The first part of the course examines the legal issues involved in international commercial arbitration; the second half introduces participants to the goals and techniques of mediation. The emphasis throughout is on the development of practical skills.

This program is designed for judges, lawyers, non-lawyer professionals, executive branch government officials, judicial officers, officials of judicial and legal training units, and court administrators.

 

Course Outline

 

Pros and Cons of International ADR

  • Conciliation, arbitration and mediation versus litigation in the country of one party or in a third country
  • Arbitration between private parties and governments or government agencies

 

The Negotiation Process

  • Different approaches to negotiation (creating value vs. claiming value; structuring a deal vs. resolving a dispute)
  • Assessing the interests of both parties
  • Opening offers
  • Strategic concessions
  • Why negotiations fail
  • Breaking deadlock
  • Negotiating a dispute resolution clause (participants will engage in negotiation exercises)

 

How Mediation Works

  • Mediation defined
  • Why mediation
  • Roles and attributes of a mediator

 

Mediation Tools and Principles

  • Changing patterns of communication
  • Intervention principles
  • Listening and questioning skills
  • Stages in mediation
  • Problem identification
  • Agreement writing

 

The Role of Advocate and Litigant

  • How to prepare for the mediation
  • How to devise a settlement strategy
  • How to advocate for yourself and your client
  • How to manage your client during mediation

 

Legal Issues in International Arbitration

  • National Arbitration Laws Treaties, including the New York Convention and ICSID Convention Choice of governing law
  • Validity and scope arbitration agreements
  • Role of the courts: judicial review and enforcement of awards; judicial assistance in the arbitration process
  • Investment disputes
  • Sovereign immunity

 

The Arbitral Process

  • Designing the process: drafting the arbitration clause
  • Choice of rules of arbitration
  • Conduct of proceedings: initiating arbitration, constituting the tribunal, establishing terms of reference, discovery of documentary evidence, interim relief, submitting testimony, hearings, and awards
  • Arbitrator ethics and challenges to arbitrators (participants will play role of counsel or arbitrator in a simulated international arbitration)

 

Course Advisor

Anne Marie Whitesell is Of Counsel at Dechert LLP. Before joining Dechert, Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. Ms. Whitesell supervised approximately 1,100 international arbitration cases each year involving parties from over 120 countries. 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.

 

2011 PUBLIC ENTERPRISE REFORM AND PRIVATIZATION

 

DATES: APR  4 - 15, 2011
TUITION: $3950

 

 

 

Overview

The seminar will explore policies and action alternatives to support public enterprise restructuring, reform and privatization efforts. How can policymakers inform and mobilize stakeholders, including employees, to understand the benefits of restructuring and privatization? How can national economic and social welfare factors be taken into account? Is privatization the only way to improve enterprise performance, to alleviate fiscal distress? Case studies will be used to illustrate the techniques and dilemmas of restructuring and privatization.

This program is designed for policymakers; managers and directors of public enterprises; members of public enterprise reform and privatization agencies; legal, financial and regulatory advisors.

 Course Outline

Environment for Public Enterprise Reforms

  • Fiscal distress and economic liberalization
  •  Competition monopoly
  •  Country risk
  •  Political environment

 Factors Affecting the Performance of Public Enterprises

  • Measuring the performance of public enterprise
  •  Corporate governance and board-management relations
  •  Sources of finance, technology, management and monitoring

 Restructuring Strategies

  • Legal, institutional and regulatory issues
  •  Labor and management issues
  • Management contracts
  • Project finance alternatives, including BOT, concession, leasing and joint ventures

 Designing and Implementing a Privatization Program

  • National privatization strategies
  • Preparation and marketing of the program
  • Valuation techniques and considerations
  • Selling the enterprise

 Lessons of Privatization

  • International experiences in recent privatizations
  • Results of privatization
  • Assessing and documenting the economic and social welfare consequences of enterprise reform and privatization
  • Fostering and enabling environment for private sector development

Course Advisor

Jack L. Upper is a Senior Advisor at the International Law Institute. He was with the World Bank for over 25 years, first as a project analyst in various sectors, including banking, industry, municipal water supply and education. He subsequently was Division Chief in the Europe, Middle East Region and then Senior Lecturer in what is today the World Bank Institute. Earlier, he was Financial Analyst with the Ford Motor Company. He has degrees from Yale and the University of Michigan.

Sample of Selected Faculty

Judge William Froehlich, Administrative Judge, Atomic Safety & Licensing Board Panel, U.S. Nuclear Regulatory Commission

John Sullivan, Executive Director, The Center for International Private Enterprise

Victoria Rigby, Head, Finance, Privatization and Infrastructure Unit, Legal Department, World Bank

John Nellis, Co-director, Center for Global Development

 

2011 PROCUREMENT OF CONSULTING AND TECHNICAL SERVICES

 

DATES: APR 4 - 15, 2011    
TUITION: $3950    
     

 

 

 

Overview

This course provides hands-on training in the selection procedures, contractual issues, and negotiation techniques for hiring and supervising consultants and other providers of technical services for projects funded by the World Bank and other financial institutions. The course will also address the broader topic of policy and legal issues related to the hiring of intellectual and technical services: professional liability and conflicts of interest; provisions in the UNCITRAL model law; practices advocated by FIDIC and other professional associations, and practices followed in developed countries.

 

Course Outline

• Overview of Procurement of Consultanting Services

• Consulting services distinguished from goods, works and technical services

• Historical development and evolved practices

• Special features in hiring consultants: cost as a selection factor, burden of professional liability, intellectual property issues, conflicts of interest

• Electronic government procurement (e-GP)

 

Typical Consulting Contracts

• Lump-sum, time-based, indefinite delivery, and percentage contracts

• Important contract provisions: payments, liabilities, conflicts of interest, and intellectual property matters

 

Hiring of Consultants in IFI-funded Projects

 

Harmonization of the Guidelines for the Selection of Consultants of the World Bank and Other IFIs

• Selection procedures

• Terms of reference, requests for proposal

• Choice of contract

• Evaluation of proposals

• Contract negotiations

• Supervision of consultants

 

Contracting Consulting Services under UNCITRAL, U.S. Government Regulations, and Other Public Agencies Including Performance Based Acquisition

 

Hands-on Exercise: Preparation of TORs, RFPs, Evaluation Reports

 

Course Advisor 

Sabine Engelhard is a Lead Procurement Specialist in the Procurement, Financial Management and Portfolio Monitoring Division of the Inter-American Development Bank. Sabine was recently appointed as one of the UN Independent Experts on their Award Review and Sanctions Boards. Sabine has ample policy and strategy formulation experience, leading multidisciplinary teams, promoting innovative approaches, in countries with minimum institutional capacity or no market economy experience. She has worked in Western and Eastern Europe (including the former Soviet Union), the US, Africa, Latin America and the Caribbean. She has contributed to a number of papers and is a regular speaker at international procurement-related events. Sabine is a lawyer, holds the first part of a PhD in EEC Law, a Master's Degree in International Relations and a Post Graduate Certificate of Advanced European Studies.

Sample of Selected Faculty

Allan V. Burman, President Jefferson Solutions, Former Administrator, Office of Federal Procurement Policy, United States Government

 Ms. Sharon L. Larkin, Senior Attorney, U.S. Government Accountability Office

 Mr. Jean-Jacques Verdeaux, Procurement and Consultant Services, World Bank

   

2012 PROCUREMENT OF CONSULTING AND TECHNICAL SERVICES

 

DATES: APR 2 - 13, 2012    
TUITION: $3950    
     

 

 

 

Overview

This course provides hands-on training in the selection procedures, contractual issues, and negotiation techniques for hiring and supervising consultants and other providers of technical services for projects funded by the World Bank and other financial institutions. The course will also address the broader topic of policy and legal issues related to the hiring of intellectual and technical services: professional liability and conflicts of interest; provisions in the UNCITRAL model law; practices advocated by FIDIC and other professional associations, and practices followed in developed countries.

 

Course Outline

 

Overview of Procurement of Consultanting Services

• Consulting services distinguished from goods, works and technical services

• Historical development and evolved practices

• Special features in hiring consultants: cost as a selection factor, burden of professional liability, intellectual property issues, conflicts of interest

• Electronic government procurement (e-GP)

 

Typical Consulting Contracts

• Lump-sum, time-based, indefinite delivery, and percentage contracts

• Important contract provisions: payments, liabilities, conflicts of interest, and intellectual property matters

 

Hiring of Consultants in IFI-funded Projects

 

Harmonization of the Guidelines for the Selection of Consultants of the World Bank and Other IFIs

• Selection procedures

• Terms of reference, requests for proposal

• Choice of contract

• Evaluation of proposals

• Contract negotiations

• Supervision of consultants

 

Contracting Consulting Services under UNCITRAL, U.S. Government Regulations, and Other Public Agencies Including Performance Based Acquisition

 

Hands-on Exercise: Preparation of TORs, RFPs, Evaluation Reports

 

Course Advisor 

Raghavan Srinivasan has over forty years of experience in international procurement of goods and services and in national procurement systems. He was Chief Procurement Advisor for the World Bank for 10 years until his retirement in 1997. Mr. Srinivasan has been teaching this course at ILI for over 30 years. Since retiring, Mr. Srinivasan has been involved in preparing Country Procurement Assessments and assisting implementation of reform projects in various countries.

 

 

2011 INTERNATIONAL PROCUREMENT [SEP]

  

DATES: SEP  12 - 30, 2011    
TUITION: $5950    
     

 

 

 

Overview

The International Procurement program covers the institutional, legal, financial and procedural issues involved in the procurement of goods and services by public entities and discusses reform programs to improve transparency, efficiency and accountability. It provides participants with a detailed analysis of the project-procurement cycle and includes a full presentation of the procurement policies of international financial institutions (IFI) such as the World Bank, as well as a comprehensive coverage of the open tender system.

 

Course Outline

Public Procurement Reforms

• Reform programs and approaches to enhance transparency, efficiency, integrity and accountability

 

National Procurement Laws and Institutions

• Differing approaches under common law and civil code systems

• UNCITRAL model law

• Transparency and accountability; ethics and corruption

 

 

International Procurement

• Procedures of international financial institutions such as World Bank, ADB, IDB, etc.

 

Procurement Planning

• Role and objectives

• Policy and institutional aspects

• Project cycle: procurement issues

• Procurement process under goods, works and PPP

• Budgeting, budget utilization and monitroing

 

Selection of Consultants

• Procedures of IFI

• Terms of reference, evaluation of proposals, QCBS, QBS

• Contracts: lump sum, time-based

 

International Competitive Bidding (ICB)

• Objectives, principles, and key features

• The bid package: preparation and scheduling

• Bid advertising and prequalification

• Preparation of bidding documents

• Bid examination, evaluation, and award

 

Other Methods of Procurement

• Limited/restrictive international bidding, national competitive bidding

• Direct purchase, shopping

• Internet bidding, electronic procurement

• Green Procurement

• Versatile and adaptive procurement

 

Contract Administration

• Principal types of contracts, terms, and guarantees

• Negotiation techniques

• Dispute avoidance and resolution

• Oversight and monitoring

 

Performance-Based Contracting

 

Course Advisor

Raghavan Srinivasan has over forty years of experience in international procurement of goods and services and in national procurement systems. He was Chief Procurement Advisor for the World Bank for 10 years until his retirement in 1997. Mr. Srinivasan has been teaching this course at ILI for over 30 years. Since retiring, Mr. Srinivasan has been involved in preparing Country Procurement Assessments and assisting implementation of reform projects in various countries.

 

Sample of Selected Faculty

Allan V. Burman, President, Jefferson Solutions, Former Administrator, Office of Federal Procurement Policy, United States Government

Julia Paschal Davis, Frmr. Procurement Principal Counsel and Division Director, Office of the Maryland Attorney General, Advisor, UNCITRAL

Jason Matechak, General Counsel at International Relief and Development (IRD), Rule of Law Officer at American Bar Association Section of International Law, Fmr Partner Reed Smith LLP

Chris Yukins, Professor, George Washington University Law School, U.S. Delegate to UNCITRAL

   

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