DATES: NOV 30 - DEC 4, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

 

Overview

The seminar will cover the basic GATT and WTO rules, and examine the implications of the massive growth of Regional Trade Agreements. The course is designed to help governments and enterprises to take full advantage of the opportunities provided by multilateral and regional trade agreements, as well as to deal with their challenges. It will be taught by present and former senior government officials, leading academics and practitioners, and officials from multinational organizations.

The creation of the WTO some twenty years ago, with its effective enforcement system, vastly expanded the scope and effectiveness of the international trade system. While the Doha Round of multilateral trade negotiations has largely failed, the WTO still plays a vital role in the trading system, which is underpinned by the rules developed by the GATT (the WTO’s predecessor) and the WTO itself. Most importantly, these rules are enforced by the WTO dispute settlement system, which is much more effective than most international D/S systems. More than 500 cases have been filed with the WTO, compared with only three state-to-state cases under the NAFTA.

In part because of the failure of the Doha Round to produce much in the way of lowered trade barriers, Regional Trade Agreements (RTAs) have become an increasingly important part of the international trading system. RTAs already cover more than half of world trade, and massive new agreements are under negotiation. Although the United States has pulled out of the Trans Pacific Partnership, the other eleven signatories are moving ahead. China is leading negotiations of the Regional Comprehensive Economic Partnership (RCEP) (16 countries, including India, China, Japan and Korea, accounting for nearly 30 percent of world trade). The Transatlantic Trade and Investment Partnership (TTIP) between the United States and the EU, accounting for about 40 percent of world trade, is another possibility. There is also a great deal of RTA activity in Africa, as the many existing RTAs are consolidated with a view to eventually creating a single African Economic Union.

The course will also examine President Trump’s impact on the world trading system. The WTO dispute settlement system has been under attack by the United States, and the President’s approach to dealing with perceived trade problems have been unorthodox, to say the least.


Course Outline


Background: the International Trading System

  • Creation and operation of the WTO
  • WTO rules governing trade in goods, services and intellectual property
  • WTO dispute settlement

Regional Trade Agreements

  • GATT and GATS provisions authorizing RTAs
  • The pros and cons of RTAs
  • The growth of “Megaregionals”
  • Dispute settlement in RTAs
  • Particular issues:

    • Trade in goods – rules of origin
    • Trade in services
    • Intellectual property
    • Investment
    • Non-traditional issues – environment, labor, digital trade, etc.

Course Advisor

Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years. He has taught international trade law at universities in Washington, London, and Tokyo. He has written extensively on the subject, and was Editor-in-Chief of a major multi-volume work on the WTO published in 2005. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

NOTE: This course can be taken on its own or in conjunction with the course on The Trade Facilitation Agreement and Other Important Customs Issues, Negotiation of Trade Agreements, to be held the following week.

DATES: NOV 30 - DEC 11, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
         

 

 

 

 

 

Overview

The use of investment treaties – including bilateral investment treaties (BITs) and free trade agreements (FTAs) - has exploded in recent years. Almost 3000 such treaties are in effect. Foreign investors have used BITs to initiate hundreds of international arbitration disputes against host governments with amounts ranging from a few million to several billion dollars in connection with foreign investments. This seminar teaches participants about international investment treaties and also how to prevent and resolve disputes arising from them. Additionally, it includes advanced instruction in how and when international arbitration proceedings are initiated against nations that violate international treaties.

Course Outline

 

Basic Standards for the Treatment of Foreign Investment

  • Minimum standards under customary international law
  • Background on the history of free trade and other agreements relating to investment
  • Substance of common investor protection clauses, including national treatment, MFN, fair and equitable treatment, transfer of funds and expropriation and nationalization
  • Intersection of ISDS with Taxation environment and public international matters

 

Investor-State Dispute Settlement

  • Arbitration under various treaties, including ICSID, NAFTA, CAFTA, ECT and UNCITRAL
  • Selection of forum and the arbitrators
  • Alternative forms of dispute resolution
  • Role of the arbitral tribunal and conduct of proceedings
  • Managing the arbitration
  • Sources and choice of applicable law
  • Corruption & Fraudulent practices and ISDS
  • State defenses to investor claims
  • Damages and compensation in investment arbitration
  • Recognition, enforcement and challenges to an arbitral award
  • Reform of the ISDS, UNCITRAL Working Group III, ICSID Rule Amendment, & European Developments

Course Advisors

Ian A. Laird is co-chair of Crowell & Moring LLP’s International Dispute Resolution Group and an adjunct professor at Columbia University School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. He is the co-Founder of InvestmentClaims.com, the on-line investment arbitration award service published by Oxford University Press. He is licensed to practice in Washington DC as a Special Legal Consultant and in Ontario, Canada as a Barrister & Solicitor.

Dr. Borzu Sabahi is a Partner in the International Arbitration group of Curtis, Mallet-Prevost Colt & Mosle LLP in Washington, DC. He represents governments in international arbitration matters in a variety of sectors. He was recognized by the International Who’s Who of Commercial Arbitration Lawyers 2016 as a leading practitioner. He is also an adjunct professor at Georgetown and Columbia Law Schools, an Editor of Oxford’s InvestmentClaims.com, and a Co-Chair of the Annual Juris Conference in Washington, DC. His publications have been cited by arbitral tribunals and the U.S. Supreme Court. He is licensed to practice in New York and the District of Columbia.

DATES: OCT 19-30, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200  
       

 

 

 

 

 


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: NOV 2-6, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
  
TUITION: $2245    
     

 

 

 

 

 

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 19-23, 2020
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

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.