DATES: NOV 26-30, 2018
   
TUITION: $1995

 

 

 

Overview

The creation of the WTO twenty years ago, with its effective enforcement system, vastly expanded the scope and effectiveness of the international trade system. The most significant recent developments affecting the system have been the adoption by the WTO of the Trade Facilitation Agreement, the first major multilateral trade agreement in more than twenty years, and the rapid growth of regional trade agreements. While providing an overview of the world trading system as a whole, the course will focus heavily on the implications of these important developments.

  • The Trade Facilitation Agreement (TFA), adopted by the WTO in 2013 and expected to enter into force in late 2016 or early 2017, requires each Member to implement 37 specific obligations, all designed to streamline the international movement of goods. As developed countries already comply with all or most of the obligations, the burden of implementation will fall most heavily on developing countries.

  • 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 awaiting ratification or under negotiation. These include the Trans Pacific Partnership (TPP) (12 countries including the United States and Japan, covering around 40 percent of world trade), the Transatlantic Trade and Investment Partnership (TTIP) between the United States and the EU, also accounting for about 40 percent of world trade, and the Regional Comprehensive Economic Partnership (RCEP) (16 countries, including India, China, Japan and Korea, accounting for nearly 30 percent of world trade). 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 examine the implications of these important developments. It is designed as a practical course that will assist trade officials in their work, provide hands-on advice on implementation of the TFA, and help 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.


Course Outline


Background: the International Trading System

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

The Trade Facilitation Agreement

  • Background and rationale
  • Overview of the Agreement
  • Implementation – categorization of requirements
  • Key issues:

    • Transparency
    • Advance rulings
    • Review procedures
    • Release of goods
    • Border agency cooperation
    • Formalities, including Single Window
    • Freedom of Transit
    • Customs Cooperation

Regional Trade Agreements

  • GATT and GATS provisions authorising 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, 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.

DATES: NOV 12-16, 2018    
       
TUITION: $1995    
     

 

  

 
 

Overview

This course provides an introduction to: (1) the basic concepts and techniques of project finance; and (2) the current application of these techniques to the funding of PPP and other projects in infrastructure and other key economic sectors. It will focus on areas critical to the success and sustainability of major projects and will combine lectures with case studies to illustrate key concepts and techniques. Topics considered will include those listed below.

 

Course Outline

 

Structure and Basic Technique

  • The concept of project finance
  • Critical role of project preparation, risk analysis and due diligence
  • Stages of a project finance transaction
  • Legal structures and basic documentation

How to Negotiate Bankable Project Documents

  • The concept of bankability
  • Dealing with lender concerns
  • Identification and negotiation of key contract clauses

Arranging Finance

  • Sources of finance
  • The role of public sector lenders (MDB’s, ECA’s and DFI’s)
  • Providing credit support and security for loans
  • Developing a finance plan

Financial Documentation

  • The basic loan agreements
  • Ancillary loan documentation: common agreement; project accounts; security documents; and intercreditor agreement

Dealing with Critical Non-Financial Issues

  • Procurement
  • Environment
  • Resettlement
  • Human rights
  • Corruption

Renegotiation, Restructuring and Dispute Settlement

  • Reasons project finance transactions encounter problems
  • The workout process: standstill concept
  • The special problems of project finance dispute settlement

Course Advisor

John M. Niehuss is Director of ILI's Private Investment in Infrastructure Center. He has been involved in international financial and investment transactions for over 40 years as a practicing lawyer, World Bank staff member, US Treasury Department official, investment banker, and General Counsel of the Inter-American Development Bank and the U.S. Export-Import Bank. He also serves as an adjunct faculty member at the University of Michigan Law School and at the Peking University School of Transnational Law in Shenzhen, China.

DATES: NOV 5-16, 2018    
       
TUITION: $3950    
       

 

 

 

Overview

This course examines the practical applications of arbitration and mediation and discusses advanced legal issues in international commercial arbitration. The second week of the course takes critical focus on developing practical skills and knowledge through a simulated arbitration process. The course is intended for judges, lawyers, non-lawyer professionals who want to understand arbitration and mediation, as well as government officials, judicial officers, officials of judicial and legal training units, and court administrators.

Course Outline

 

Negotiation and Mediation

  • Process, Skills and Techniques
  • Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements by the 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 media
  • Additional comprehensive mediation exercise

International Arbitration (Advanced)

  • 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
  • Issues of Particular Interest: introduction to investment disputes
  • Simulated Arbitration Exercise: drafting the arbitration clause, requesting arbitration/responding to request, initial conference, terms of reference, drafting statements of claim/defense, challenges to arbitrators, interim relief, witnesses, hearings, drafting an arbitral award


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. She is also the 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: NOV 5-16, 2018    
TUITION: $3950      
         

 

 

 

 

Overview

The seminar presents an in-depth survey of methods and best practices taken by governments, non-governmental organizations (“NGOs”), and other stakeholders to eradicate corruption and promote transparency. The course reviews elements in public sector management commonly known as “good governance,” the causes and effects of corruption, and undertakes a comparative study of domestic and multilateral efforts to eliminate corruption. Additionally, the course examines the history, foundation and main provisions of the United Nations Convention Against Corruption and other international instruments designed to curb corruption and their implications for governance and transparency worldwide.

 

Course Outline

 Introduction

• Definitions and measurement of corruption

• Codes of conduct and accountability

• Site visits to the U.S. National Security Archives, FinCEN, SEC, World Bank Group and Inter-American Development Bank Group

 

International Anticorruption Mechanisms

• UN Convention Against Corruption (UNCAC)

• US Foreign Corrupt Practices Act

• UNOCD Legislative Guide

• OECD Anti-bribery Convention

• Inter-American Convention Against Corruption

• Multilateral and bilateral programs

• International cooperation

 

Public Sector Mechanisms

• Government ethics and integrity

• Government oversight

• Transparency in procurement

• Financial regulatory mechanisms

 

Private Sector Issues and Mechanisms

• Issues of financial integrity

• Maintaining financial integrity

• Role of accounting

• Codes of ethics

 

Civil Society Mechanisms

• Roles and activities of Transparency International

• The right to information

• U.S. Freedom of Information Act

• Free and independent media

• The role of stakeholders: parliamentarians, judges, civil society, NGOs and media

 

Designing and Implementing UNCAC Legislation

• Drafting legislation

• Costs and sources of funding for implementation and training

• Implementation strategies

 

Course Advisors 

Timothy L. Dickinson is a partner in the Washington D.C. office of Paul, Hastings LLP. His practice is devoted primarily to international commercial matters, including counseling on the U.S. Foreign Corrupt Practices Act, and the design and implementation of special investigations and compliance programs. Mr. Dickinson is also a member of the ILI Board of Directors.

 

H. Stephen Halloway is the Director of ILI’s Center for Comparative Legislative Management. He has over 35 years of experience in senior legal and policy positions in the U.S. Government, the U.S. Senate, State legislatures, the United Nations and the Inter-American Development Bank. He was Chief Regulatory Officer for the U.S. Department of Commerce and a civil rights attorney in the U.S. Department of Justice. He serves on the Private Advisory Council to the State Legislative Leaders Foundation.

 

 

 

DATES: NOV 5-9, 2018    
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.