DATES: NOV 29 - DEC 10, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
         

 

 

 

 

 

Overview

The use of investment treaties – including bilateral investment treaties (BITs) and free trade agreements (FTAs) - has exploded in recent years. Almost 3000 such treaties are in effect. Foreign investors have used BITs to initiate hundreds of international arbitration disputes against host governments with amounts ranging from a few million to several billion dollars in connection with foreign investments. This seminar teaches participants about international investment treaties and also how to prevent and resolve disputes arising from them. Additionally, it includes advanced instruction in how and when international arbitration proceedings are initiated against nations that violate international treaties.

Course Outline

 

Basic Standards for the Treatment of Foreign Investment

  • 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
  • Intersection of ISDS with Taxation environment and public international matters

 

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
  • Corruption & Fraudulent practices and ISDS
  • State defenses to investor claims
  • Damages and compensation in investment arbitration
  • Recognition, enforcement and challenges to an arbitral award
  • Reform of the ISDS, UNCITRAL Working Group III, ICSID Rule Amendment, & European Developments

Course Advisors

Ian A. Laird is co-chair of Crowell & Moring LLP’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. He is the co-Founder 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 a Partner 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 International Who’s Who of Commercial Arbitration Lawyers 2016 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 Washington, DC. 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: NOV 29 - DEC 3, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
         

 

 

 

 


Overview

This course teaches lawyers, and other professionals, such as international investors (whether companies or individuals), as well as government officials about bilateral investment treaties (BITs) and investment chapters of free trade agreements, and how to work with them to resolve international disputes, 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 compensation

 

Investor-State Dispute Settlement

  • Arbitration under various treaties and rules, including ICSID, NAFTA, CAFTA, ECT and UNCITRAL
  • Parallel proceedings and related issues
  • 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

 

Course Advisors

Ian A. Laird is co-chair of the Crowell & Moring LLP'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. He is the co-Founder 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 a Partner 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 International Who's Who of International Commercial Arbitration Lawyers 2016 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: NOV 1-12, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
       

  

  

  

 


Overview

The seminar 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 15-19, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

 

Overview 

Financial and risk 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 course primarily focuses on the review and applications of: (a) the financial models of the Toolkit for PPP in Roads and Highways (graphical and numerical, including multi-sector adaptations of the models), which have proven quite successful for preliminary financial evaluations when detailed data and financial arrangements are not yet fully defined; and (b) the GIH risk matrices for PPP in transport, energy, water and sanitation sectors.

This course provides a review of essential concepts and available toolkits, case studies, hands-on conceptual and numerical exercises. Attendees of the ILI course on Financial and Risk Analysis of projects will deepen their understanding on the key principles behind PPPs (also known as P3s), alternative delivery methods, financial and risk assessments, and the role they can play in improving service quality, addressing O&M challenges, and delivering essential infrastructure (e.g. transport, energy, water, wastewater, building) projects.

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

Course Outline

Financial assessments of PPP projects

  • Toolkit’s Graphical and Numerical models and multi-sector adaptations of the models
  • Exercise to assess viability of project
  • Team presentation

Risk assessment of PPP projects

  • GIH risk matrices for PPP in infrastructure
  • Exercise to build a risk matrix for a 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 in infrastructure 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 150 papers and articles. His assignments include infrastructure advisory services to over a dozen countries. He has been member of several committees at TRB, ASCE, SHRP and PIARC, served as visiting professor at the University of Belgrade, Serbia, and lectured on PPP at George Washington University between 1996 and 2016, and has contributed to the International Law Institute since 2007. He has been a consultant with the World Bank, Asian Development Bank, Inter-American Development Bank, European Bank for Reconstruction and Development, and several private and public organizations.

DATES: NOV 1-12, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
       

 

 

 

 

 

Overview

This course examines the practical applications of arbitration and mediation and discusses advanced legal issues in international commercial arbitration. The second week of the course takes critical focus on developing practical skills and knowledge through a simulated arbitration process. The course is intended for judges, lawyers, non-lawyer professionals who want to understand arbitration and mediation, as well as government officials, judicial officers, officials of judicial and legal training units, and court administrators.

Course Outline

  

Negotiation and Mediation

  • Process, Skills and Techniques
  • Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements by the mediator and parties
  • Finding resolution in mediation: uncovering interests, breaking deadlock, closure, and follow-up
  • The Role of Advocate and Litigant: preparing for mediation; devising a settlement strategy; advocating for your client; guiding and advising your client during media
  • Additional comprehensive mediation exercise

  

International Arbitration (Advanced)

  • The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
  • The Arbitrators: appointment, qualification, arbitrator ethics and challenges
  • The Arbitration Proceedings: choosing arbitration rules, seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards
  • Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
  • Court Assistance: interim measures, appointment of arbitrators, assistance in taking evidence, judicial review
  • Enforcement of Arbitral Awards
  • Issues of Particular Interest: introduction to 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. 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.