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

 

 

 

 

Overview

This course teaches lawyers, and other professionals, such as international investors (whether companies or individuals), as well as government officials how to draft, negotiate and interpret bilateral investment treaties (BITs) and investment chapters of free trade agreements, and how to resolve disputes arising from them, including the valuation of damages and enforcement of arbitral awards. The use of BITs has exploded in recent years, with almost 3,000 such treaties in effect. This course provides the participants with an in-depth understanding of the fundamental principles applied in Investor-State arbitration.

 

Course Outline

 

Basic Standards for the Treatment of Foreign Investment

  • Background on the history of free trade and other agreements relating to foreign investment
  • Minimum standards under customary international law
  • Substance of common investor protection clauses in BITs, including national treatment, MFN, fair and equitable treatment, and expropriation and nationalization

 

Investor-State Dispute Settlement

  • Arbitration under various treaties and rules, including ICSID, NAFTA, CAFTA, ECT and UNCITRAL
  • Parallel proceedings and related problems
  • Selection of forum and the arbitrators
  • Sources and choice of applicable law
  • Key jurisdictional thresholds: consent, investment (jurisdiction ratione materiae), investor (jurisdiction ratione personae)
  • State defenses to investor claims
  • Methods of calculating damages
  • Recognition, enforcement and challenges to an arbitral award

 

Course Advisors

Ian A. Laird is co-chair of the Crowell & Moring's International Dispute Resolution Group and an adjunct professor at Columbia University School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. Ian is recognized as a leading practitioner in the arbitration field by the International Who's Who of Commercial Arbitration Lawyers 2015. He is the co-Founder and Editor-in-Chief of InvestmentClaims.com, the on-line investment arbitration award service published by Oxford University Press. He is licensed to practice in Washington DC as a Special Legal Consultant and in Ontario, Canada as a Barrister & Solicitor.

Dr. Borzu Sabahi is an attorney in the International Arbitration group of Curtis, Mallet-Prevost Colt & Mosle LLP in Washington, DC.  He represents governments in international arbitration matters in a variety of sectors.  He was recognized by the Who's Who of International Commercial Arbitration Lawyers 2015 as a leading practitioner.  He is also an adjunct professor at Georgetown and Columbia Law Schools, an Editor of Oxford’s InvestmentClaims.com, and a Co-Chair of the Annual Juris Conference in D.C.  His publications have been cited by arbitral tribunals and the U.S. Supreme Court.  He is licensed to practice in New York and the District of Columbia.

 

 

 

DATES: APR 18 - 22, 2016    
       
TUITION: $1995    
       

 

 

 

 

Overview

This seminar highlights key applications and recent developments in respect to international borrowing and debt management, and comprises the second week of the International Borrowing and Debt Management seminar. The goal is to assist policy makers and practitioners from emerging economies to understand recent developments and plan for long term challenges, in a fast changing international borrowing and debt management environment, and could include the application and recent developments in respect to.

Course Outline

International Market Access

  • World Bank, IMF, and other multilateral development banks – Lending policies, legal constraints, pitfalls & advantages
  • Direct sovereign lending
  • Public syndicated bank loans
  • Term structure of external debt
  • Currency denomination issues

 

Domestic Bond Markets

  • Substitution of domestic debt for international borrowing
  • Bond auctions and the issuance calendar
  • Creation and uses of a sovereign yield curve
  • Accounting and transparency
  • Developing local currency bond markets

 

Credit Risk and Analysis

  • International country-risk analysis
  • Ratings and rating agencies
  • Project analysis
  • Corporate credit analysis

 

Negotiations and Debt Restructuring

  • Negotiating techniques
  • Sovereign-debt renegotiation
  • Debt reduction strategies
  • Key financial and legal clauses
  • Disclosure
  • Role of outside advisors

 

Debt Management Capacity and Risk Management

  • Developing the domestic institutions for debt management
  • Accountability and transparency
  • Interactions with other domestic institutions
  • The term structure and roll-over risks
  • Currency risk
  • Inflation risk and indexation
  • Output risk and GDP-linked debt
  • Government guarantees and contingent debt

 

Debt and Development

  • Managing a balance between the sovereign borrower and the investing public
  • Fiscal planning and management
  • Balance-of-payments management
  • Sources of payments imbalances: monitoring their indicators
  • Comparison of developing country fiscal management and borrowing strategies
  • Understanding debt sustainability

 

Course Advisor

Professor Reid Click is an Associate Professor of International Business and International Affairs and Chair of the International Business Department at The George Washington University in Washington, DC. He received his Ph.D. in economics and international business from the University of Chicago. Prof. Click teaches courses in international financial management, international business strategy, and international economics. His academic research has been published in leading journals, and he has also been a consultant for several international organizations.

 

 

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

 

 

 

 

Overview

This seminar explores key topics with respect to international borrowing and debt management. The goal is to assist policy makers and practitioners from emerging economies to plan for long term challenges, in a fast changing international borrowing and debt management environment.

Course Outline

International Market Access

• World Bank, IMF, and other multilateral development banks – Lending policies, legal constraints, pitfalls & advantages

• Direct sovereign lending

• Public syndicated bank loans

• Term structure of external debt

• Currency denomination issues

 

Domestic Bond Markets

• Substitution of domestic debt for international borrowing

• Bond auctions and the issuance calendar

• Creation and uses of a sovereign yield curve

• Accounting and transparency

• Developing local currency bond markets

 

Credit Risk and Analysis

• International country-risk analysis

• Ratings and rating agencies

• Project analysis

• Corporate credit analysis

 

Negotiations and Debt Restructuring

• Negotiating techniques

• Sovereign-debt renegotiation

• Debt reduction strategies

• Key financial and legal clauses

• Disclosure

• Role of outside advisors

 

Debt Management Capacity and Risk Management

• Developing the domestic institutions for debt management

• Accountability and transparency

• Interactions with other domestic institutions

• The term structure and roll-over risks

• Currency risk

• Inflation risk and indexation

• Output risk and GDP-linked debt

• Government guarantees and contingent debt

 

Debt and Development

• Managing a balance between the sovereign borrower and the investing public

• Fiscal planning and management

• Balance-of-payments management

• Sources of payments imbalances: monitoring their indicators

• Comparison of developing country fiscal management and borrowing strategies

• Understanding debt sustainability

 

Course Advisor

Professor Reid Click is an Associate Professor of International Business and International Affairs and Chair of the International Business Department at The George Washington University in Washington, DC. He received his Ph.D. in economics and international business from the University of Chicago. Prof. Click teaches courses in international financial management, international business strategy, and international economics. His academic research has been published in leading journals, and he has also been a consultant for several international organizations.

 

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

 

 

 

Overview

This course provides hands-on training in the selection procedures, contractual issues, and negotiation techniques for hiring and supervising consultants and other providers of technical services for projects funded by the World Bank and other financial institutions. The course will also address the broader topic of policy and legal issues related to the hiring of intellectual and technical services: professional liability and conflicts of interest; provisions in the UNCITRAL model law; practices advocated by FIDIC and other professional associations, and practices followed in developed countries.

 

Course Outline

 

Overview of Procurement of Consulting Services

  • Consulting services distinguished from goods, works and technical services
  • Historical development and evolved practices
  • Special features in hiring consultants: cost as a selection factor, burden of professional liability, intellectual property issues, conflicts of interest
  • Electronic government procurement (e-GP)

 

Typical Consulting Contracts

  • Lump-sum, time-based, indefinite delivery, and percentage contracts
  • Important contract provisions: payments, liabilities, conflicts of interest, and intellectual property matters

 

Hiring of Consultants in IFI-funded Projects

  • Harmonization of the Guidelines for the Selection of Consultants of the World Bank and Other IFIs
  • Selection procedures
  • Terms of reference, requests for proposal
  • Choice of contract
  • Evaluation of proposals
  • Contract negotiations
  • Supervision of consultants
  • Contracting Consulting Services under UNCITRAL, U.S. Government Regulations, and Other Public Agencies Including Performance Based Acquisition

 

Hands-on Exercise: Preparation of TORs, RFPs, Evaluation Reports

 

Course Advisor 

Sabine Engelhard is a lawyer who recently retired from the Inter-American Development Bank (IDB). She previously worked for the World Bank and the private sector in prominent law firms and consulting organizations. Ms. Engelhard led the procurement harmonization efforts with other Multilateral Development Banks on behalf of the IDB. She represented the IDB in several high-profile international initiatives with the OECD and the WTO aimed at strengthening and using country procurement systems and preventing fraud and corruption. She led the modernization of the procurement function at the IDB. She holds master-level and post-graduate degrees in law, international relations, and European studies. Additionally, she has completed the first part of a Ph. D. in European Law. She is a regular speaker at international procurement-related events and is fluent in English, French, German, and Spanish.

 

DATES: MAR  28  - APR 8, 2016    
TUITION: $3950 
     

 

 

 

 

Overview

This seminar provides the knowledge and skills required to develop an idea into a bankable project proposal ready for financing and implementation with a particular focus on the selection of viable projects as it is key to profitable and sustainable development.

Effective project preparation and financing has become even more critical in the past several years. Through lectures, case studies, and individual and group exercises, participants will have the opportunity to experience what makes projects successful. Participants are encouraged to bring an example of a project that they can relate to the seminar for discussion.

 

 Course Outline

 

Project Identification and Preparation

  • Meaning & requirements

 

Project Development Context

  • Why this project?
  • Investment programming in the public sector
  • Project approach to investment
  • Economic viability vs. commercial viability

 

Assessing Project Viability

  • Technical, economic and financial analysis
  • Fiscal impact
  • Cost recovery
  • Operations and maintenance

 

Financing and Approval

 

External Assistance and Multilateral Development Agencies

 

Sustainability and Lessons Learned

  • Risk analysis
  • Institutional aspects
  • Environmental considerations 

 

Course Advisors

Gopi Puri - After working in the Indian Steel industry for 17 years, Gopi Puri joined the World Bank, where he directed seminars at the World Bank Institute. Mr. Puri also worked for many years appraising investment proposals at the International Finance Corporation. He has an M.B.A. from The George Washington University and has worked with more than 80 developing countries.

Mehdi Al-Bazzaz has decades of experience as an economic practitioner, and instructor on development issues and practices, including the design and analysis of programs in many developing countries. He has a graduate degree from London University and has worked at the Iraq Ministry of Planning, the World Bank Institute, The George Washington University, Georgetown University, and Loyola University of Chicago.

 Jack Upper is a Senior Advisor at ILI, a former World Bank Division Chief in the Europe Middle East Region and Ford Motor Company Financial Analyst. Mr. Upper holds degrees from Yale University and the University of Michigan.