DATES: NOV  26 - DEC 7, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
         

 

 

 

 

 

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 how to draft, negotiate, and interpret 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

  • National laws and regulations
  • 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

 

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
  • 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 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 field of arbitration by the International Who’s Who of Commercial Arbitration Lawyers 2016.

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 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 arbitraltribunals and the U.S. Supreme Court. He is licensed to practice in New York and the District of Columbia.

DATES: NOV 26-30, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
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 2016. 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 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: DEC 3-7, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

 

Overview

Customs authorities play a vital role with respect to international trade in goods. As the “gatekeepers”, they are charged with determining how much duty to assess on imports, as well as enforcing statutory restrictions on the import of specific goods. The course will discuss the way in which customs authorities carry out their duties, and the international agreements that govern their operations. The course will focus on the Trade Facilitation Agreement (TFA), adopted by the WTO in 2013 and entered into force in 2017. The TFA requires each Member to implement 37 specific obligations, all designed to streamline the international movement of goods. The TFA developed countries already comply with all or most of the obligations, so that the burden of implementation will fall most heavily on developing countries. However, the TFA is the first WTO Agreement to allow Members to set their own timetables for implementation and to condition implementation of specific obligations on the receipt of adequate technical assistance.

The course is designed as a practical course that will assist trade officials in their work and provide hands-on advice on implementation of the TFA, as well as to deal with its challenges. It will be taught by present and former senior government officials, leading academics and practitioners, and officials from multinational organizations.


Course Outline

Functions of Customs Authorities

  • Duty Assesment

    • Classification
    • Valuation
    • Rules of Origin
  • Import Licensing
  • Other

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
    • Shipping/Logistics
    • Transport security
    • IT and e-commerce

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. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

NOTE: This course can be taken on its own or in conjunction with the course on Multilateral and Regional Trade Agreements, to be held the previous week.

 

 

DATES: NOV 26-30, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

 

Overview 

Financial 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 workshop primarily focuses on two financial models: graphical and numerical, which have proven quite successful for preliminary financial evaluations when detailed data and financial arrangements are not yet fully defined.

This seminar 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. If this is not feasible, pro forma data will be provided at the seminar.

Course Outline

Financial assessments of PPP projects

  • Toolkit’s Graphical and Numerical models
  • Exercise to assess viability of 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 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 130 papers and articles. His recent assignments include infrastructure advisory services to over 18 countries. He is currently a visiting professor at the University of Belgrade, Serbia, and has lectured on PPP at George Washington University since 1996, and at the International Law Institute since 2007.

DATES: NOV 12-16, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

  

 
 

 

Overview

This course provides an introduction to: (1) the basic concepts and techniques of project finance; and (2) the current application of these techniques to the funding of PPP and other projects in infrastructure and other key economic sectors. It will focus on areas critical to the success and sustainability of major projects and will combine lectures with case studies to illustrate key concepts and techniques. Topics considered will include those listed below.

 

Course Outline

  

Structure and Basic Technique

  • The concept of project finance
  • Critical role of project preparation, risk analysis and due diligence
  • Stages of a project finance transaction
  • Legal structures and basic documentation

 

How to Negotiate Bankable Project Documents

  • The concept of bankability
  • Dealing with lender concerns
  • Identification and negotiation of key contract clauses

 

Arranging Finance

  • Sources of finance
  • The role of public sector lenders (MDB’s, ECA’s and DFI’s)
  • Providing credit support and security for loans
  • Developing a finance plan

 

Financial Documentation

  • The basic loan agreements
  • Ancillary loan documentation: common agreement; project accounts; security documents; and intercreditor agreement

Dealing with Critical Non-Financial Issues

  • Procurement
  • Environment
  • Resettlement
  • Human rights
  • Corruption

Renegotiation, Restructuring and Dispute Settlement

  • Reasons project finance transactions encounter problems
  • The workout process: standstill concept
  • The special problems of project finance dispute settlement

Course Advisor

John M. Niehuss is Director of ILI's Private Investment in Infrastructure Center. He has been involved in international financial and investment transactions for over 40 years as a practicing lawyer, World Bank staff member, US Treasury Department official, investment banker, and General Counsel of the Inter-American Development Bank and the U.S. Export-Import Bank. He also serves as an adjunct faculty member at the University of Michigan Law School and at the Peking University School of Transnational Law in Shenzhen, China.