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You are cordially invited to attend an

International Law Institute Alumni Dinner

***

Celebrate Our 60 Year Anniversary

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Hosted by
Kim Phan
Executive Director of ILI


Come meet ILI Alumni throughout the Presidency, National Assembly,
Judiciary, the States, and the Private Sector!


Transcorp Hilton
January 21, 2015
7:00 pm - 9:00 pm

RSVP to Katie McCall and Kim Phan by January 19, 2015
and please include your name, title, organization, and ILI program and year attended.

Click here for the 2015 brochure.

  

DATES: MAY  11 - 15, 2015    
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: NOV 2 - 6, 2015
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 rules. At least as importantly, while the Doha Round -- designed to improve and enlarge upon the existing rules -- has languished, Regional Trade Agreements 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 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 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

  •  History of GATT and WTO
  •  Organization and functions of the WTO

 

Trade in Goods

  • The fundamental rules
  • Non-tariff barriers
  • Trade remedies
  • Custom issues
  • Agriculture

 

Trade in Services

  • General Obligations
  • Negotiated Commitments


Intellectual Property

  • Substantive Requirements
  • Enforcement Obligations

 

Regional Trade Agreements (RTAs)

  • GATT/WTO rules
  • The economics and politics of RTAs
  • Scope of RTAs
  • New Model Agreements: TPP; TTIP; RCEP
  • EU Economic Partnership Agreements
  • RTAs in Africa


Dispute Settlements

  • WTO
  • RTAs

 

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: OCT 26 - 30, 2015
   
TUITION: $1995    
     

 

 

 

 

Overview

This seminar focuses on the practical skills necessary for drafting contracts in English. Participants will sharpen their skills in working with legal English, and specifically drafting contracts in legal English. The emphasis is on learning by doing, and the seminar will offer the opportunity to draft and receive feedback from experts. Participants will engage in several drafting exercises and a negotiation session.

 

Course Outline

  

Overview of the U.S. Contract Law

  • Sources of Law
  • Contract Formation
  • Contract Interpretation

 

Basic Drafting Topics

  • Definitions
  • Warranties
  • Termination Clauses
  • Remedy Provisions
  • Contingency Clauses

 

Boilerplate Language and Utilizing Templates

  • Choice of Law/Governing Law
  • Jurisdiction
  • Arbitration
  • Force Majeure
  • Third Party Rights

 

Course Advisor

Dr. Kevin Fandl is the director of the Global Legal Education Institute and author several books, including Narrowing the Gap: Legal English for the New Global Legal Practitioner and Lost in Translation: Effective Legal Writing for the International Legal Community. He has taught law and policy courses around the world since 2004 and specializes in the areas of international trade, migration, and economic development. Dr. Fandl is a graduate of American University (J.D., M.A.) and George Mason University (Ph.D.) and is currently Professor of Legal Studies and Global Business Strategy at the Fox School of Business at Temple University.

 

  

DATES: AUG  31 - SEP 4, 2015    
TUITION: $1995    
     

 

 

 

 

Overview

This course highlights the foundational issues relating to the development and regulation of private equity in developing economies. Participants will discuss the major building blocks supporting an effective private equity sector and the policy environment needed to assist its development. The seminar will cover issues related to the growing interaction of private equity in emerging markets with institutional investors in developed capital markets and its nexus with economic development.

 

Course Outline

 

Overview of Private Equity

  • Data on Private Equity Market in emerging markets
  • Private Equity as asset class

 

Structures and Roles of Participants in Private Equity

  • Investment funds
  • Managers
  • Investors
  • Governments and regulators
  • Multilateral and bilateral development institutions
  • Professionals:  auditors, lawyers
  • Financial participants
  • Portfolio companies

 

Administration of Private Equity Vehicles

  • Governance
  • Reporting
  • Disclosure

 

Legal, Regulatory and Institutional Framework

  • Securities and tax laws
  • Competition laws
  • Offshore financial centers
  • EMPEA Guidelines *Transparency and anti-corruption
  • Examination and enforcement
  • Comparison of regulatory regimes

 

Course Advisors

Don Scott De Amicis is an Adjunct Professor of Law at the Georgetown University Law Center, where he teaches international business transactions. He was previously Vice President and General Counsel of the Overseas Private Investment Corporation, the U.S. government’s development finance institution, which provides financial support to private equity funds investing in developing countries. Don had also been a partner at the international law firm Ropes & Gray, where he represented numerous private equity clients. The ILI works closely with EMPEA (the global industry association for private capital in emerging markets) on this seminar: please refer to http://empea.org/ for more information.