DATES:    OCTOBER 17 - 28, 2016

TUITION: $4,500 USD

OVERVIEW

The program is designed to equip participants with the necessary skills to promote the responsible development of the extractive industries sector in resource-rich developing countries and to encourage a rich dialogue about best practices from around the globe. The training emphasizes the interdisciplinary nature of resource-based development. By working through real case studies and with practitioners and experts in the field, participants will be able to apply analytical tools and frameworks to the unique context of the extractive industries in their country.

 

FUNDAMENTALS

  • Global Energy Sector Overview
  • Petroleum industry fundamentals and structure
  • Goals and objectives of a host government, NOC, and IOCs
  • Host country‚Äôs regulatory framework and fiscal regime
  • Negotiation framework, strategy, and tools
  • Identifying stakeholders - domestic and Foreign: Interests, Risks, and Accountabilities
  • Domestic, Regional, and competitive Political Impact of extractives

 

REGULATORY CONSIDERATIONS

  • Revenue Policies and Management
  • Environmental Protections and Regulations
  • Transparency and Account Audits

 

UPSTREAM

  • Strategic policy issues
  • Upstream fiscal systems and taxation
  • Upstream contracts and key terms

 

MIDSTREAM AND DOWNSTREAM PETROLEUM

  • Strategic policy issues
  • Downstream contracts (sales, storage, transportation)
  • Pipelines and refineries

 

NATURAL GAS

 

  • Special considerations for the upstream development of natural gas reserves
  • The natural gas value chain
  • Geopolitics of natural gas
  • Gas pricing and subsidy programs
  • Natural gas agreements and contracts

 

POWER SECTOR

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

 

SPECIAL ENERGY SECTOR CONSIDERATIONS AND TRENDS

  • Financing of energy projects
  • Contract and revenue transparency
  • Anti-corruption, compliance, and ethics
  • Environmental concerns and responsibilities
  • Corporate social responsibility programs
  • Dispute resolution
  • Energy corridors and regional cooperation
  • Local and Indigenous Rights and Impact

 


DATES:    NOVEMBER 7 - 18, 2016

TUITION: $4,500 USD

OVERVIEW

This course provides training in the design, negotiation, and financing of private participation in infrastructure and covers topics of interest to private sector lawyers, contractors, bankers, accountants, as well as government officials. It uses case studies and mock negotiations to identify critical issues related to the use of project finance techniques to fund Public-Private Partnerships.
Special emphasis is placed on Chinese investors including both private and State Owned Enterprises. Pivotal discussion will include Financing, Project Management, and Ensuring Outcomes.

 

PLANNING FOR PRIVATE PARTICIPATION

  • General nature of private infrastructure finance
  • Lessons learned from past policies and projects
  • Strategic considerations for the host government and for the private sector participant
  • Identification and preparation of individual projects
  • Developing a communications strategy

 

DESIGN OF CONCESSIONS AND OTHER PPP ARRANGEMENTS

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems of agreements with local authorities and other subnational entities
  • Key financial considerations, including the concept of bankability

 

NEGOTIATION OF KEY CONTRACT CLAUSES

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable; termination provisions and compensation in event of termination; tariff and price adjustment clauses; unilateral change and economic hardship clauses; provisions for government support; transfer of assets at the end of the concession and dispute settlement clauses

 

FINANCE: STRUCTURE AND BASIC TECHNIQUES

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques
  • Basic project documents

 

FINANCE: ARRANGING THE FUNDING

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

RENEGOTIATION OF AGREEMENTS

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

PRIVATE PARTNERSHIP FOR INFRASTRUCTURE

  • Including Benefits, Limitations, Implications of a Turn-Key Contracts
  • Mergers and Acquisitions in China: law and practice

 

DEALING WITH CRITICAL NON-FINANCIAL ISSUES

  • Procurement
  • Environment
  • Resettlement
  • Human rights
  • Corruption

 

ORIENTATION IN THE U.S. LEGAL SYSTEM; AND BUSINESS LAW  AND LEGAL ENGLISH, LEGAL WRITING AND RESEARCH (FOR CHINESE LAW STUDENTS)
 
DATES: JULY 18 - AUGUST 12, 2016    
       
TUITION: $3995
   
       

 

 


Overview

2016 marks the 46th year for the International Law Institutes’ presentation of Orientation in the U.S. Legal System and Legal English and Legal Writing and Research. The ILI program was the first of its kind and served as a model for most law schools programs that followed.

This program is ideal for foreign lawyers, professionals, law students and practitioners in general whose job requires an understanding of the American legal system or for anyone who deals with American and International clients and partners. This program is ideal for international students preparing for graduate legal study in the U.S.

Orientation in the U.S. Legal System; and Business Law


Dates:   August 1 - August 12, 2016

Tuition:  $2,600.00


This program is designed to introduce attorneys to the American common law. Whether
you deal with American corporate clients or American law in general, this program will benefit you significantly. Furthermore, the program will cover the role of common law in international and supranational organizations such as the WTO, the EU, and other similar institutions.

  • U.S. codes and the common law – Introduction to U.S. codified and precedent based laws structures and functions. Understanding how to read and interpret U.S. jurisprudence
  • Hierarchy of laws in the U.S. Legal System – Federalism and the interaction of federal common and statutory law, and state law. The U.S. Constitution and the application of statutory law by U.S. courts
  • Introduction to the traditional common law system – Law creation process in the U.S. common law judicial precedent system. Understanding the evolution of common law over time
  • The American court system – Structure and jurisdiction of the federal and state courts
  • The U.S. court system: Civil litigation – pleadings and discovery. Understanding some special considerations of the U.S. civil procedure, such as submissions by the parties and special rules on the disclosure of evidence
  • The court system: Civil litigation – Trials and the jury system – Understanding the right to a jury trial
  • Regulation of business: corporations and American business practices – Understanding the modalities and process for the people to assemble together for a business or charitable purpose and limit their liability from actions by the corporation
  • The modern private law system: Contracts – agreements and promises – The doctrine of contract formation. Understanding the concept of an “unconscionable” contract: a contract that the government will not enforce.  Torts: obligations between parties that are imposed by the government. The concepts of damages and strict liability
  • Antitrust & competition law – Understanding why and how the government prevents the creation of monopolist practices
  • International business transactions - Buying and selling goods across international borders: the role of INCOTERMs in international trade
  • Visit to the U.S. District Courts for the District of Columbia – observing the court proceedings through actual cases in public hearings
  • Visit to the U.S. Supreme Court – Understanding the role and history of the Supreme Court
  • Tour of the U.S. Capitol – the U.S. Congress as the constitutional representative of the people´s will, its roles and law making process
  • Tour of the U.S. Library of Congress
  • Visit to a U.S. law school. Discussion points: The application process; J.D. degree vs. LL.M. degree advantages; costs of attendance; law school rankings; how to succeed in law school
  • Intellectual property – the importance of the United States IP laws and procedures for international businesses: protecting utility patents, trademark/service marks, design patents, copyrights, and trade secrets
  • Regulation of business: administrative law and the modern regulatory State – The role of the Executive Branch of the Federal Government in creating law, its impact on business and the judicial control of the Executive´s lawmaking power 
  • Visit to a prestigious international law firm. Discussion points: Structure of a major international firm; lawyer training; qualifications; expectations; payment; areas of specialization
  • Commercial bankruptcy laws – The purpose of bankruptcy in insolvency situations and its legal and procedural considerations
  • Arbitration in the United States – The importance of alternative dispute resolution in the United States, and the role of arbitration in private commercial transactions: the legal framework, procedures and considerations in drafting international arbitration agreements
  • International litigation in the U.S. – understanding the role, jurisdiction and limits of U.S. courts in international litigation


 

Legal English and Legal Writing & Research


Dates:  July 18 - 29, 2016
Tuition: $1,900.00

 

The Introduction to Legal English seminar exposes foreign legal practitioners and law students to English legal terminology and usage through an overview of the U.S. legal system, contract law, and legal drafting. In addition to learning a broad range of legal terminology, participants benefit from an introduction to the legal reasoning process in the U.S. legal system, helping them apply the terms and concepts as they learn them.

The seminar consists of two segments—a lecture and a workshop. In the lecture portion, participants examine cases and concepts that help them understand key terminology necessary for U.S. legal practice. In the workshop portion, participants engage with their colleagues and the professor to practice pronunciation, conversation about legal concepts, legal reasoning, and legal writing.

  • Overview of the U.S. Legal System – Discussion on legal institutions, common law, role of precedent in common law systems
  • Legal Research in the U.S. – understanding and using prior cases in researching and arguing law in the U.S.
  • Forming a Business in the U.S. – Partnership Agreements, Corporations, LLCs – Understanding the basics behind different legal business models (also including limited liability partnerships, S-Corporations, and many newer business models)
  • Drafting a Partnership Exercise – understanding the legal and practical requirements of business partners and then using that knowledge to actually draft an agreement for the partners
  • Contract Drafting in the U.S. – Structure of a Contract and Key Provisions – Understanding key language in typical contracts
  • Contract Drafting – Provision Drafting Exercise – utilizing knowledge learned in previous session to draft actual language for contract provisions
  • Contract Drafting in the U.S. – Utilizing Templates in Contract Drafting – understanding that often times previous contract language can be updated and adapted to suit current needs. Also learning to use model agreements and adjust to suit demands
  • Legal Writing Exercise – multiple exercises to practice and strengthen use of word choice and use of definitive statements
  • Contract Drafting Exercise – A full day exercise where teams will represent clients, learn their needs and then negotiate a contract with another team, while trying to get the best advantage for their clients. The exercise will end with drafting actual language of the negotiated agreement
  • Overview of International Commercial/Business Arbitration – learning the key points of business arbitration: arbitration clauses, rules, and procedures
  • Arbitration Exercise – teams will go through a model arbitration, arguing a case to real arbitrators
  • U.S. Court System & the Process of a Business/Commercial Trial – will provide a detailed explanation of how courts work in the United States with respect to business litigation
  • U.S. Civil Procedure – the key points and rules of U.S. Civil Procedure will be covered
  • Drafting Exercise – Drafting and Filing a Complaint in U.S. Litigation – understanding the processing of filing a complaint (and starting a legal case) as well as understanding the legal text that goes into a complaint
  • Pre-Trial Motions and Discovery in U.S. Litigation – understanding the process of pleadings that occur prior to a trial starting as well as a discussion of the role of discovery in trials
  • U.S. Courts in Focus – Differences Between Civil and Criminal Trials – this session will highlight the key differences between a civil and criminal proceedings in the United States; Appeals and Appellate Courts – understanding what happens to a case after a trial in the U.S. legal system, which can often involve appeals to a higher courts
  • Drafting Exercise – Drafting and Appeal – using knowledge from the previous session to draft language for an appeal to a higher court

 

 


DATES:    JUNE 13 - 24, 2016

TUITION: $4,500 USD

OVERVIEW

This class is designed to demystify the complexities of justice and legal system in China and to help participants thoroughly understand the law-making, implication, and enforcement process. It also includes the new legislation development (e.g., new anti-monopoly law, new foreign investment law, new national security law, environmental protection law, etc.), hot topics (e.g., equity ownership, IP protection, taxation, etc.), and ongoing legal reforms.

 

  • Introduction to China's legal system
  • Law Development Bodies
  • Dispute resolution in China: Litigation, Arbitration, Alternative Dispute Resolution
  • Investor State Dispute Settlement, International Litigation, and International Arbitration
  • Judicial and Court Systems
  • Civil Litigation and Jurisdiction of Courts
  • Administrative Law
  • International Litigation: U.S. Civil Procedure Abroad; Other Proceedings
  • Commercial Contracts and Torts in the International Setting
  • Legal Enforcement: Domestic Rulings and Foreign Awards
  • Securities and Exchange Laws in China
  • Corporate Law: Ownership Structure, Governance, and Compliance
  • Intellectual Property

 

  

DATES: JUL 11 - 22, 2016    
TUITION: $3950 
     

 

 

 

 

Overview

Lawyers play an important role in public-private partnerships and in conflict resolution for PPPs. This course teaches lawyers what they need to know about PPP design, agreements, and pitfalls in PPP. Topics covered include negotiating, drafting and implementing Public-Private Partnership agreements, as well as renegotiating agreements and alternative dispute resolution options, including investor-state arbitration. Selected sessions will be combined with the Public Private Partnerships and Infrastructure Finance seminar and will cover PPP design, finance, and structure. This course will take a thorough examination of the legal issues associated with PPPs. Private sector and government lawyers, Judges, and corporate counsel will benefit from this training.

 

Course Outline

  

Legal Topics Related to PPPs

  • Alternative Dispute Resolution mechanisms for PPPs
  • International Investment Treaties
  • Overview of Investor-State arbitration
  • Drafting key provisions in concession agreements

 

Planning for Private Participation

  • General nature of private infrastructure finance
  • Lessons learned from the past policies and projects
  • Strategic considerations for the host government and the private sector participant
  • Identification and preparation of individual projects
  • Developing a communication strategy

 

Design of Concessions and Other PPP Arrangements

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems with agreements local authorities and other sub-national entities
  • Key financial considerations including the concept of bankability

 

Design of Concessions and Other PPP Arrangements

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable;
    termination provisions and compensation in event of termination;tariff and price adjustment clauses;
    unilateral change and economic hardship clauses; provisions for government support; transfer of assets at
    the end of the concession and dispute settlement clauses

 

Finance: Structure and Basic Techniques

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques
  • Basic project documents

 

Finance: Arranging the Funding

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

Renegotiation of Agreements

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

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.