DATES: NOV  28 - DEC 9, 2016    
TUITION: $3950    
     

 

 

 

 

Overview

This course teaches lawyers, investors and government officials how to draft, negotiate and interpret international investment treaties, and how to resolve disputes arising from them, including the valuation of damages and enforcement. The use of bilateral investment agreements has exploded in recent years. In 2010, almost 3,000 such treaties were in effect. This course provides students with the basics of foreign investment law and regulation and advanced instruction in how and when to initiate arbitration proceedings against nations that violate investment agreements.

 

Course Outline

 

Basic Standards for the Treatment of Foreign Investment

  • National laws and regulations
  • 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

 

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
  • State defenses to investor claims
  • Methods of calculating damages
  • Recognition, enforcement and challenges to an arbitral award

 

Course Advisors

Ian A. Laird is a Special Legal Consultant in the International Dispute Resolution Group of Crowell & Moring LLP in its Washington, D.C. office. He is also licensed to practice as a barrister & solicitor in Ontario, Canada. His practice is focused in the field of international investment law and arbitration. Ian has spoken extensively and published numerous articles on international investment arbitration, and serves as Editor-in-Chief of InvestmentClaims.com, the on-line investment arbitration award service published by Oxford University Press.

Dr. Borzu Sabahi is an attorney in the International Arbitration group of Curtis Mallet Prevost Colt & Mosle LLP in Washington, DC. He is licensed to practice in New York and District of Columbia. He focuses his practice on representing governments and state-owned entities in investment treaty arbitration, international commercial arbitration and public international law matters. Mr. Sabahi's experience includes serving as counsel and expert in cases brought under a number of bilateral investment treaties, NAFTA Chapter 11, and DR-CAFTA Chapter 10 and under the rules of UNCITRAL, ICSID, ICC, ICDR and LCIA in a variety of industrial sectors, including oil and gas and power generation. Mr. Sabahi is also an adjunct professor of law at Georgetown University Law Center where he co-teaches a seminar on investor state dispute resolution. He regularly speaks at conferences and has widely published on various aspects of international investment law, including a comprehensive casebook entitled "Investor State Arbitration" (co-author, Oxford 2008)

Professor Jose Antonio Rivas is an associate at Arnold and Porter in Washington DC, focusing his practice on international investment arbitration. He is former Foreign Investment Director of the Ministry of Trade of Colombia, where he updated the Colombian International Investment Agreement (IIA) Model and he successfully concluded over twelve IIA negotiations. Professor Rivas is former Counsel of the International Centre for Settlement of Investment Disputes (ICSID). He received his Doctorate in Law in Juridical Science –SJD– with Distinction from Georgetown University Law Center, where he servers as adjunct professor of Investment Treaty Arbitration, Public International Law, and Landmark Judgments of the ICJ. He is author of various articles and book chapters on international investment arbitration and public international law.

 

 

DATES: NOV 28 - DEC 2, 2016    
       
TUITION: $1995    
       

 

 

 

Overview

Financial assessments of proposed projects have become necessary for countries considering PPPs for infrastructure projects. These assessments are essential to attracting private investors. This is particularly important for countries with substantial needs in infrastructure rehabilitation and expansion. The workshop primarily focuses on two financial models: graphical and numerical, which have proven quite successful for preliminary financial evaluations when detailed data and financial arrangements are not yet fully defined.

* Workshop participants are encouraged to obtain, prior to the workshop, basic data available on an existing or proposed PPP project of their interest. If this is not feasible, pro forma data will be provided at the seminar.

 

Course Outline

 

Financial assessments of PPP projects

  • Toolkit’s Graphical and Numerical models
  • Exercise to assess viability of project
  • Team presentation

 

Overview of PPP options and strategies

  • Brief history
  • Key success factors
  • Applications to different forms of infrastructure (e.g., transport, energy, security, health and education)
  • Main stakeholders and their interaction

 

Policy and Planning

  • Planning, objectives and PPP policy framework
  • Laws and Contracts - Legal, legislative and contract bases for PPP

 

Implementation and Monitoring

  • Stages in PPP development from project identification to contract management

 

Course Advisor

Cesar Queiroz is an international consultant on roads and transport infrastructure. His main expertise is in public-private partnerships and road management and development. Between 1986 and 2006, he held several senior positions with the World Bank, including as Principal Highway Engineer and Highways Advisor. Prior to joining the World Bank, Cesar was the deputy director of the Brazilian Road Research Institute in Rio de Janeiro. He holds a Ph.D. in civil engineering from the University of Texas at Austin; a M.Sc. in production engineering; and a B.Sc. in civil engineering. Cesar has published two books and more than 130 papers and articles. His recent assignments include infrastructure advisory services to over 18 countries. He is currently a visiting professor at the University of Belgrade, Serbia, and has lectured on PPP at George Washington University since 1996, and at the International Law Institute since 2007.

  

DATES: NOV 7 - 18, 2016    
TUITION: $3950    
     

 

 

 

Overview

This course strengthens participants' knowledge of alternative methods of dispute resolution (ADR). The course examines the foundations of arbitration and mediation, and discusses advanced legal issues in international commercial arbitration. The second week of the course emphasizes the development of practical skills through practical exercises in a simulated arbitration process. It is intended for judges, lawyers, non-lawyer professionals, government officials, judicial officers, officials of judicial and legal training units.

 

Course Outline

  

Negotiation and Mediation

  • Process, Skills and Techniques: Defining Negotiation and Mediation
  • Mediation Emphasis: mediator role and styles; determining the mediation process, including opening statements by the mediator and parties
  • Finding resolution in mediation (uncovering interests and breaking deadlock): closure and follow-up
  • The Role of Advocate and Litigant: how to prepare for mediation; how to devise a settlement strategy; how to advocate for yourself and your client; how to deal with your client during mediation

  

International Arbitration (Advanced)

  • The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
  • The Arbitrators: appointment, qualification, arbitrator ethics and challenges
  • The Arbitration Proceedings: seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards; choosing arbitration rules
  • Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
  • Court Measures: interim measures, appointment of arbitrators, judicial assistance, judicial review
  • Enforcement of Arbitral Awards
  • Issues of Particular Interest: damages and remedies; arbitration involving states or government agencies; 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, where she 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.

 

DATES: NOV 7 - 18, 2016    
TUITION: $3950      
         

 

 

 

 

Overview

The course 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 7 - 11, 2016    
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 negotiation and mediation through case studies and practical exercises. The course is intended for judges, lawyers, non-lawyer professionals who want to learn more about arbitration and mediation, government officials, judicial officers, officials of judicial and legal training units, and court administrators.

 

Course Outline

  

Negotiation and Mediation

  • Process, Skills and Techniques: Defining Negotiation and Mediation
  • Mediation Emphasis: mediator role and styles; determining the mediation process, including opening statements by the mediator and parties
  • Finding resolution in mediation (uncovering interests and breaking deadlock): closure and follow-up
  • The Role of Advocate and Litigant: how to prepare for mediation; how to devise a settlement strategy; how to advocate for yourself and your client; how to deal with your client during mediation

  

International Arbitration (Advanced)

  • The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
  • The Arbitrators: appointment, qualification, arbitrator ethics and challenges
  • The Arbitration Proceedings: seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards; choosing arbitration rules
  • Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
  • Court Measures: interim measures, appointment of arbitrators, judicial assistance, judicial review • Enforcement of Arbitral Awards
  • Issues of Particular Interest: damages and remedies; arbitration involving states or government agencies; investment disputes


 

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, where she 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.