DATES: NOV 1-5, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
  
TUITION: $2245    
     

 

 

 

 

 

Overview

The seminar comprises the first week of the Advanced Arbitration and Mediation seminar and examines the foundations of arbitration and mediation, including advanced legal issues in international commercial arbitration. Participants will learn the principles of mediation through case studies and practical exercises. The seminar is an indispensable asset to all professionals seeking to strengthen their knowledge of ADR.

Course Outline

  

Mediation

  • Processes, Skills and Techniques
  • Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements of 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 mediation 

  

Foundations of International Arbitration (Advanced) - Topics Selected From:

  • 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


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.

DATES: OCT 18-29, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200  
       

 

 

 

 

 


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

Don De Amicis is a Professor of Law at the Georgetown University Law Center, where he teaches international business transactions, and a Senior Advisor at the International Law Institute. He was previously Vice President and General Counsel of the Overseas Private Investment Corporation, the U.S. government’s development finance institution, which supports private investment through project finance and political risk insurance. Don was a partner at the international law firm Ropes & Gray, where he focused on finance, corporate law, and restructuring. He is a member of the Sanctions Committee of the Inter-American Development Bank and the Enforcement Committee of the European Bank for Reconstruction and Development, and also serves as an independent arbitrator.

DATES: OCT 18-22, 2021
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
         

  

 

 

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 an Associate Professor of Business Law at the Fox School of Business, Temple University, as well as the Executive Director of Temple’s Center for International Business Education and Research. Dr. Fandl has been Course Advisor to the International Law Institute’s Legal English program since 2009. He is the author of the course text, Narrowing the Gap: Legal English for the New Global Legal Practitioner, in addition to five other books and more than 50 journal articles. 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 previously served as Senior Counsel to the Assistant Secretary for U.S. Immigration and Customs Enforcement.

 

 

DATES: OCT 18 - 29, 2021    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
       

 

 

 

 

 


Overview

This seminar familiarizes participants with project monitoring and evaluation (M&E) systems and tools that focus on results in international development. The seminar offers participants both a conceptual framework and practical skill development.

 

Course Outline 

Results-Based Management (RBM) in International Development

  • Understanding and distinguishing between monitoring and evaluation in the context of RBM
  • Problem identification
  • Development of casual hypotheses (inputs, outputs, outcomes and impacts)
  • Feeding monitoring and evaluation findings into decision-making
  • Role of partners and stakeholders
  • Significance of "soft" assistance

Planning for and Executing the Monitoring and Evaluation Processes

  • Key principles for overall work planning
  • Purpose and timing (including ex-post) of monitoring and evaluation
  • Involving key partners and stakeholders
  • Building teams with defined roles and strong capabilities
  • Establishing a hierarchy of project objectives
  • Defining scope of monitoring and evaluations
  • Selecting analytical tools, methodologies or approaches enabling measurement and attribution
  • Importance of data quality and collection, and baseline data
  • Developing indicators to measure progress and identify gaps
  • Development and selection of evaluation questions and teams
  • Budgeting for monitoring and evaluation
  • Managing monitoring and evaluation processes
  • Anticipating and resolving problems

Tools, Methods and Approaches Facilitating Monitoring and Evaluation

  • Performance indicators and common rating systems 
  • Logical framework approach (LogFrame) and results framework approach
  • Qualitative and quantitative data collection methods
  • Formal surveys
  • Rapid appraisal methods
  • Participatory methods
  • Field visits
  • Public expenditure tracking surveys
  • Economic analysis, including cost-benefit and cost-effectiveness analysis
  • Performance and process evaluation design 
  • Impact evaluation design and purpose
  • Evaluation and tracking plans
  • Annual reviews and reports
  • Comparative overview of other tools, methods and approaches used by leading global institutions

Knowledge and Learning

  • Learning from evaluative evidence and applying recommendations from feedback
  • Improving evaluation feedback
  • Knowledge management
  • Institutionalization of learning

Course Advisor

Ms. Danielle de Garcia  is the Senior Director, Performance Evaluation at Social Impact (SI). She has 12 years’ experience with monitoring and evaluation (M&E), organizational capacity building, and participatory methodologies in more than 25 countries. As a facilitator, Mrs. de García has developed curriculum and trained hundreds of U.S. Agency for International Development (USAID), U.S Department of State (DOS), Millennium Challenge Corporation (MCC), and non-governmental organization (NGO) personnel in results-based management and M&E. Her recent work includes the design, development, and delivery of M&E trainings for the US Institute of Peace, USAID, the International Law Institute and MCC; providing Managing for Results training and Country Development and Cooperation Strategy assistance to USG staff globally; providing strategic planning and project alignment for the World Bank; and serving as a team member or team leader on a number of assessments and evaluations for Carter Center, IREX, USAID, MCC, MasterCard Foundation, and MacArthur Foundation initiatives around the world. Beyond serving as an evaluation team leader and team member, she also provides advice and technical assistance to national and international organizations in the development of M&E systems. Mrs. de García holds an MPA in International Management, a certification in Development Project Management, and is a Certified Performance Technologist for human and institutional capacity development.

DATES: OCT 4-15, 2021
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
       

 

 

 

 

 

Overview

This course offers an intensive experience in drafting legislation. The course assists participants in mastering legislative provisions that pose special challenges to legislative drafters. Participants will draft all language necessary to develop and amend a simple bill as it would move through the legislative process and will also organize and draft a long, complex bill involving the reorganization of government bodies. Some prior experience in legislative drafting or legislation is helpful.

Course Outline

  

Drafting a Simple Bill

  • Learning to convert a legislative proposal into a bill for introduction in a legislative chamber

Drafting Amendments to a Bill and to Law

  • "Floor" (whole House) amendments
  • Amendments to existing law

 

Instruction on Specialized Legislative Processes

  • Budget and appropriations rules and problems
  • Administrative Law

 

Drafting a Government Grant Program

  • Instruction in selection and drafting of legislative language authorizing grants

 

Drafting Government Reorganization

  • Establishing a Government Agency
  • Abolishing a Government Agency
  • Consolidating Government Agencies
  • Savings ("grandfather") clauses
  • Transition provisions
  • Repeals

 

Drafting a Complex Bill

  • Organization of Legislative Provisions
  • Close Supervision and Review of Drafting Work

 

Course Coordinator – Jeff Ziarnik has coordinated over 20 high level ILI legislative drafting seminars over the last decade and in addition more than 100 other seminars, including legislative seminars not focused specifically on drafting. He has a J.D. from the Western Michigan University Cooley School of Law and has a Bachelor of Science in History and Political Science from the University of Wisconsin – Madison. Prior to law school, Jeff was a U.S. Peace Corps volunteer in The Gambia.

Traditional Faculty for this seminar include:

Arthur J. Rynearson, former Deputy Legislative Counsel of the United States Senate
Anthony C. Coe, former Senior Counsel, United States Senate Office of the Legislative Counsel
Polly Craighill, former Senior Counsel, United States Senate Office of the Legislative Counsel