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 - 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 28 - DEC 2, 2016
   
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 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.

 

DATES: OCT 24 - NOV 4, 2016
TUITION: $3950

 

 

 

Overview

Countries face many challenges related to sustainable development of their energy sectors. Governments must adapt policies and legal framework to efficiently develop their natural resources (both conventional and unconventional oil and gas resources, and renewables sources); attract capital and expertise to develop their entire value chains; capture economic rents to pass through energy sector benefits to local communities; ensure optimum local content development; improve linkages to power sector; foster transparency, corporate social responsibility and environmental stewardship - all of which is critical for securing the affordable, reliable, and sustainable energy supply and for building related value added segments in the industry to grow local economies.

This seminar examines issues using policy, legal and commercial lenses to provide a strategic level understanding of the sustainable energy value chain. Participants will receive a detailed review of the legal and commercial issues that must be resolved for successful sector development. Material is delivered through a variety of methods including: reference reading, in-class lectures, industry panels and interactive group simulations and workshops.

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Course Outline

Fundamentals

  • Global Energy Sector Overview
  • Petroleum industry fundamentals and structure
  • Goals and objectives of a host government, NOC and IOCs
  • Host country’s regulatory framework and fiscal regime
  • Negotiation framework, strategy and tools

 

Upstream Petroleum

  • Strategic policy issues
  • Upstream fiscal systems and taxation
  • Upstream contracts and key terms
  • Key issues in petroleum accounting

 

Midstream and Downstream Petroleum

  • Strategic policy issues
  • Downstream contracts (sales, storage, transportation)
  • Pipelines
  • 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
  • Local content
  • Contract and revenue transparency
  • Anti-corruption, compliance and ethics
  • Environmental concerns and responsibilities
  • Corporate social responsibility programs
  • Dispute resolution
  • Energy corridors and regional cooperation


 


Course Advisors

Mr. Jonathan Cahn is a member of Dentons' Energy, Transport and Infrastructure sector team and is the US head of the firm’s Emerging Markets Energy Strategies group (EMES). For more than 20 years, he has represented some of the world's leading energy investors, including international oil companies, national oil companies (NOCs), sovereign wealth funds (SWFs) and sovereigns in connection with energy sector transactions in the Middle East, Africa, Latin America, North America, Russia and Central Asia.

As an international lawyer, Mr. Cahn brings to his clients an in-depth understanding of the energy industry, and his many years of experience in emerging markets. He is internationally acknowledged as a leading lawyer in his field by the Euromoney Guide to the World's Leading Energy and Natural Resources Lawyers, the Euromoney Guide to the World's Leading Project Finance Lawyers, Chambers, and the International Who's Who of Oil & Gas Lawyers.

A hallmark of Jonathan Cahn’s practice has been the representation of Chinese companies making investments abroad, as well as representing parties seeking investment or partnership with Chinese investors. He is widely credited with opening Central Asia to China energy investment when, in 1997, as legal counsel to the Government of Kazakhstan, he secured Kazakhstan's approval to invite the China National Oil and Gas Exploration and Development Corporation (CNODC) to participate in the privatization tender for Kazakhstan's oil company, Aktyubemunaigaz. CNODC's successful acquisition of the oil company and the related construction of the China-Kazakhstan pipeline became China’s inaugural investments in Central Asia.

Ms. Guly Sabahi is a Partner in the Washington, D.C. office of Dentons, the largest international law firm in the world, with approximately 6,500 lawyers and professionals in more than 120 locations spanning 50-plus countries. Ms. Sabahi has over 12 years of experience in international energy projects (mainly upstream oil and gas), and advised the private sector and public sector clients on legal and fiscal regimes in the oil and gas industry in over 45 countries, mainly in the Sub-Saharan Africa, Middle East and CIS.

In addition to her work at the ILI, Ms. Sabahi serves as a member of the Board of Directors of the Association of International Petroleum Negotiators (AIPN), and as a Vice Chair of American Bar Association's committees on Africa and international energy and natural resources. Mrs. Sabahi has taught a seminar on international oil and gas contracts at Georgetown University Law Center. She is a frequent lecturer and speaker on a variety of upstream oil and gas related topics.

Mr. Robert Lesnick is an Executive Advisor to businesses and governments seeking to develop projects which expand development and use of natural gas. Mr. Lesnick recently retired from the World Bank as its Oil and Gas Program Coordinator after a successful 30-year career in the private sector. He has extensive experience in the petroleum sector, including commodity trading, project development, and natural gas field operations. Robert has over 25 years international experience as a manager and lead negotiator for the development of energy infrastructure projects, and has conducted business in more than 85 international locations in 60 countries on 6 continents.

In his previous assignment at the World Bank, Robert managed the development of the business strategy and allocation of resources of the Institution’s Oil and Gas Policy Unit and provided advice on a variety of energy policy topics to strategic government client. Mr. Lesnick has served on the Management Committee for the Center for Liquefied Natural Gas (CLNG), and has been a Vice President and Executive Committee member of the Association of International Petroleum Negotiators (AIPN) and was its President’s Award winner in 2010. He is a frequent guest lecturer and speaker on a variety of natural gas related topics.



Core Faculty

In addition to the course co-advisors, the sessions will be taught by leading energy experts from:

  • Dentons offices from Washington, D.C., London, New York and Cape Town
  • International oil and gas companies, such as Anadarko, OMV, Eni Petroleum
  • US Department of Energy and Department of Commerce
  • University of Houston Law Center
  • IHS
  • World Bank, IFC, IMF, MIGA, as well as OPIC