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

Geoffrey T. Keating has been counsel to contractors, engineers, public and private owners and sureties for over 35 years. His practice emphasizes public works projects and international infrastructure. Mr. Keating advises on U.S. government contract regulations and international contract policy and terms. He prepares and negotiates EPC and other contract documents, assists clients with preparing and defending claims and serves as an arbitrator. He has conducted training on World Bank guidelines, international contracts and dispute resolution for governments and international organizations around the world. Through ILI, he has served as an advisor on public contracting policy and training to the governments of Iraq, China, and Vietnam.

Overview

Prosecuting financial crimes, human trafficking, and cybercrimes often involves bringing together multiple people, often across many departments (and multiple jurisdictions), which can pose a variety of challenges. The covered material will be of interest to prosecutors, criminal justice personnel, judges, attorneys, and academics, specifically in developing economies where these crimes are emerging or may pose a particular threat. Drawing from the U.S. prosecutorial experience, this seminar will integrate the selected topics through class discussion. Participants will engage in in-depth study of each crime through discussion while developing their skills. More generally, the seminar will focus on the investigation, preparation, prosecution and required professional and technical skills in the context of these crimes.

Additionally, the seminar covers the institutional arrangements, such as working with the police, judges, and other relevant institutions and agencies at national and transnational levels. Moreover, the relevant legislation and recommended means of implementation and lessons learned will be discussed in the seminar.

Course Outline

Financial Crimes (Fraud, Bribery, Corruption, and Money Laundering)

• Current Policy and Legislation
  
• Global Money Laundering
• Types and Dimensions of Fraud
• The OECD, Anti-Corruption and Anti-Bribery Efforts
• Combating Cross-Border Financial Crimes

Human Trafficking

• Defining and Understanding Human Trafficking
• Victims and Survivors
• The Human Rights Dimension
• Combating Human Trafficking Regionally and Globally

Cybercrime

• Defining Cyber Crime and Understanding the Systems Involved
• Hacking: Privacy, Integrity, Accessibility, and Application
• Bots, Malware, Spam, Identity Theft and Other Vulnerabilities and Exploits
• The Client/Server Model: Peer-to-Peer, Gigatribe, Darknets and BitTorrents
• Cloud Computing

Course Advisor

Ralph J. Caccia is a former federal prosecutor, practiced in the defense of both criminal and civil enforcement actions, as well as corporate, criminal and political internal investigations. Mr. Caccia also defends company executives in complex cases, often regarding alleged whistleblowing and fraud in fields such as health care, procurement, antitrust, contracts, grants, securities and both the False Claims Act (FCA) and the Foreign Corrupt Practices Act (FCPA). He has defended a variety of clients, including but not limited to, hospitals, major defense contractors and financial institutions. Mr. Caccia also has extensive experience in handling internal investigations, grand jury matters, and subpoenas.

Kevin B. Muhlendorf is an Adjunct Professor, Complex Securities Investigations, Georgetown University Law Center. Mr. Muhlendorf worked as an Assistant Chief and Trial Attorney at the U.S. Department of Justice, Criminal Division, Fraud Section, Securities and Financial Fraud Unit. He also worked as a Senior Counsel, U.S. Securities and Exchange Commission, Enforcement Division. Mr. Muhlendorf routinely investigated and prosecuted cases at DOJ and SEC involving securities fraud, bribery and public corruption, accounting fraud, benchmark rate fixing, insider trading, bank fraud, procurement fraud, the FCPA, and money laundering. He coordinated national and international fraud investigations and prosecutions with domestic and international regulators, U.S. Attorney’s Offices, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and various Inspectors General. Mr. Muhlendorf obtained convictions in numerous, multi-week jury trials in federal district courts across the country. Successfully briefed and argued cases in appellate courts. He represented clients in private practice in complex litigation involving white collar, RICO, fraud, government contracts, and construction disputes.

Overview

This course strengthens participant knowledge of the fundamentals of antitrust and competition law and provides participants with important insights on new developments, cutting edge issues, and best practices. In addition, major substantive and procedural fundamentals and developments will be explored through lecture, in-class discussion, and real-world case studies.

Examining the foundations, sources, and underlying principles of antitrust laws, the course will provide participants with the opportunity to critically examine the material with colleagues and experts and to discuss case studies reflecting the application of antitrust principles throughout the world.

Furthermore, beyond foundational material, participants will consider issues relating to cartels, dominant position abuse, mergers, joint ventures, distribution, information exchanges and the IP/antitrust interface, as well as the enforcement strategies employed to achieve these goals in both the public and private sectors. The course is intended for judges, lawyers, non-lawyer professionals, government officials, judicial officers and officials of judicial and legal training units.

Course Outline

Foundations/Sources of Antitrust/Competition Laws

• Substantive policy goals
• Procedures and free markets

Antitrust Fundamentals

• Cartels
• Dominant position abuse
• Mergers
• Joint ventures
• Vertical restraints
• Information exchanges and the IP/antitrust interface

Competition Enforcement

• Public (civil/criminal sanctions, ex ante notification)
• Private and collective redress

Evidence/Remedies

• Important concepts
• Collusion
• Abuse
• Market definition/market power
• Role of experts

Globalization of Antitrust

• Global restraints/international responses
• Regional, bilateral and networks – conflicts

New and Latest Developments

• Conflicts to convergence
• Enhanced enforcement techniques and compliance

Dynamics

• Case studies
• Teamed problem solving and possible visit to an enforcement agency or a court

Course Advisor

Howard W. Fogt has practiced antitrust and competition law for more than 40 years as a partner in the Washington DC and Brussels Belgium offices of Foley & Lardner LLP. His practice has involved counselling/litigating on cartels, dominant positions, mergers/acquisitions, joint ventures, information exchanges and the IP/antitrust interface as well as antitrust/competition law in international trade. Mr. Fogt taught EU competition law at Georgetown University Law Center.

He has written and spoken extensively on U.S. EU and international antitrust issues. Prior to entering private practice, he was a law clerk on the Ohio Supreme Court and Associate Counsel on the Antitrust Subcommittee of the Judiciary Committee of the U.S. House of Representatives. He is admitted to the Ohio State Bar, the Bar of the District of Columbia and the United States Supreme Court. He is fluent in English and French.

Overview

This seminar familiarizes participants with alternative methods of dispute resolution (ADR). The first part of the seminar introduces participants to the goals and techniques of mediation; the second half focuses on the legal issues involved in international commercial arbitration. The emphasis throughout is on the development of practical skills through lectures and hands-on exercises.

Course Outline

Pros and Cons of International ADR

• Conciliation, arbitration and mediation versus litigation in domestic courts
  
• Arbitration between private parties and governments

The Negotiation Process

• Approaches to negotiation: creating value vs. claiming value; structuring a deal vs. resolving a dispute
• Assessing the interests of the parties
• Opening offers
• Strategic concessions
• Why negotiations fail
• Breaking deadlock
• Negotiating a dispute resolution clause

How Mediation Works: Tools and Principles

• Mediation defined
• Why mediation
• Roles and attributes of a mediator
• Changing patterns of communication
• Intervention principles
• Listening and questioning skills
• Stages in mediation
• Problem identification
• Agreement writing

The Role of Advocate and Litigant

• Preparing for mediation
• Devising a settlement strategy
• Advocating for your client
• Guiding and managing your client during mediation

Legal Issues in International Arbitration

• National Arbitration Laws; Treaties, including the New York Convention and ICSID Convention; Choice of law
• Validity and scope arbitration agreements
• Role of the courts: judicial review and enforcement of awards; judicial assistance in the arbitration process
• Investment disputes
• Sovereign immunity

The Arbitral Process

• Designing the process: drafting the arbitration clause
• Choosing arbitration rules
• Conduct of proceedings: initiating arbitration, constituting the tribunal, establishing terms of reference, production of documentary evidence, interim relief, submitting testimony, hearings, and awards
• Arbitrator ethics and challenges to arbitrators
• Simulated international arbitration exercise

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.