DATES: JUN 6 - 17, 2016    
TUITION: $3950 
     

 

 

 

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

Geoffrey T. Keating has been counsel to contractors, engineers, public and private owners and sureties for over 35 years. His practice emphasizes public works projects and international infrastructure. Mr. Keating advises on U.S. government contract regulations and international contract policy and terms. He prepares and negotiates EPC and other contract documents, assists clients with preparing and defending claims and serves as an arbitrator. He has conducted training on World Bank guidelines, international contracts and dispute resolution for governments and international organizations around the world. Through ILI, he has served as an advisor on public contracting policy and training to the governments of Iraq, China, and Vietnam.

 

 

DATES: JUN 6 - 10, 2016    
       
TUITION: $1995    
       

 

 

 

Overview

Prosecuting financial crimes, human trafficking, and cybercrimes often involves bringing together multiple people, often across many departments (and multiple jurisdictions), which can pose a variety of challenges. The covered material will be of interest to prosecutors, criminal justice personnel, judges, attorneys, and academics, specifically in developing economies where these crimes are emerging or may pose a particular threat. Drawing from the U.S. prosecutorial experience, this seminar will integrate the selected topics through class discussion. Participants will engage in in-depth study of each crime through discussion while developing their skills. More generally, the seminar will focus on the investigation, preparation, prosecution and required professional and technical skills in the context of these crimes.

Additionally, the seminar covers the institutional arrangements, such as working with the police, judges, and other relevant institutions and agencies at national and transnational levels. Moreover, the relevant legislation and recommended means of implementation and lessons learned will be discussed in the seminar.

 

Course Outline

 

Financial Crimes (Fraud, Bribery, Corruption, and Money Laundering)

  • Current Policy and Legislation
  • Global Money Laundering
  • Types and Dimensions of Fraud
  • The OECD, Anti-Corruption and Anti-Bribery Efforts
  • Combating Cross-Border Financial Crimes

 

Human Trafficking

  • Defining and Understanding Human Trafficking
  • Victims and Survivors
  • The Human Rights Dimension
  • Combating Human Trafficking Regionally and Globally

 

Cybercrime

  • Defining Cyber Crime and Understanding the Systems Involved
  • Hacking: Privacy, Integrity, Accessibility, and Application
  • Bots, Malware, Spam, Identity Theft and Other Vulnerabilities and Exploits
  • The Client/Server Model: Peer-to-Peer, Gigatribe, Darknets and BitTorrents
  • Cloud Computing

 

 

Course Advisor

Ralph J. Caccia is a former federal prosecutor, practiced in the defense of both criminal and civil enforcement actions, as well as corporate, criminal and political internal investigations. Mr. Caccia also defends company executives in complex cases, often regarding alleged whistleblowing and fraud in fields such as health care, procurement, antitrust, contracts, grants, securities and both the False Claims Act (FCA) and the Foreign Corrupt Practices Act (FCPA).  He has defended a variety of clients, including but not limited to, hospitals, major defense contractors and financial institutions. Mr. Caccia also has extensive experience in handling internal investigations, grand jury matters, and subpoenas.

Kevin B. Muhlendorf is an Adjunct Professor, Complex Securities Investigations, Georgetown University Law Center. Mr. Muhlendorf worked as an Assistant Chief and Trial Attorney at the U.S. Department of Justice, Criminal Division, Fraud Section, Securities and Financial Fraud Unit.  He also worked as a Senior Counsel, U.S. Securities and Exchange Commission, Enforcement Division. Mr. Muhlendorf routinely investigated and prosecuted cases at DOJ and SEC involving securities fraud, bribery and public corruption, accounting fraud, benchmark rate fixing, insider trading, bank fraud, procurement fraud, the FCPA, and money laundering. He coordinated national and international fraud investigations and prosecutions with domestic and international regulators, U.S. Attorney’s Offices, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and various Inspectors General. Mr. Muhlendorf obtained convictions in numerous, multi-week jury trials in federal district courts across the country. Successfully briefed and argued cases in appellate courts. He represented clients in private practice in complex litigation involving white collar, RICO, fraud, government contracts, and construction disputes.

 

DATES: MAY 9 - 20, 2016
TUITION: $3950

 

 

 

 

Overview

This seminar focuses on project management and monitoring, including team building and leadership. It is especially designed for managers of developing country projects and for persons responsible for implementing such projects. Past participants have come from government, utilities, corporations, international organizations and NGOs. The seminar will examine crucial issues and steps in project management. Participants are encouraged to bring an example of a project that they can relate to the seminar for discussion.

 

Course Outline

    Crucial Issues and Steps in Project Management
     
    • Defining objectives (logframe)
    • Managing the project environment
    • The project life cycle
    • Project identification, preparation and approval
    • Financial and economic analysis
    • Project financing
    • Team building and leadership
    • Organization alternatives
    • Communication, motivation
    • Managerial styles
    • Conflict resolution
    • Role of project managers
    • Implementing change
    • Work breakdown structure (WBS)
    • Critical path method
    • Project scheduling (MS Project Software)
    • Cost control
    • Risk analysis
    • Reporting and control
    • Monitoring
    • Database management systems (MS Access Software)
    • Introduction to procurement

     

    Course Advisors

    Robert Youker has over 35 years experience as a project management trainer and consultant. His project management experience includes new product development and consulting for many companies. Mr. Youker has an MBA from Harvard Business School. He consulted with the World Bank Institute to develop an instructor’s resource kit for Project Management training.

    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. In 1977 he joined the International Finance Corporation, where he appraised investment proposals in several industries. He has an M.B.A. from The George Washington University and has worked with more than 80 developing countries.

     

     

    DATES: MAY 23 - JUN 3, 2016
           
    TUITION: $3950
     

     

     

     

    Overview

    This program is designed for judges, lawyers, non-lawyer professionals, executive branch government officials, judicial officers, officials of judicial and legal training units, and court administrators.

    This course familiarizes participants with alternative methods of dispute resolution (ADR). The first part of the course examines the legal issues involved in international commercial arbitration; the second half introduces participants to the goals and techniques of mediation. The emphasis throughout is on the development of practical skills.

     

    Course Outline

     

    Pros and Cons of International ADR

    • Conciliation, arbitration and mediation versus litigation in the country of one party or in a third country
    • Arbitration between private parties and governments or government agencies

     

    The Negotiation Process

    • Different approaches to negotiation (creating value vs. claiming value; structuring a deal vs. resolving a dispute)
    • Assessing the interests of both parties
    • Opening offers
    • Strategic concessions
    • Why negotiations fail
    • Breaking deadlock
    • Negotiating a dispute resolution clause (participants will engage in negotiation exercises)

     

    How Mediation Works

    • Mediation defined
    • Why mediation
    • Roles and attributes of a mediator

     

    Mediation Tools and Principles

    • Changing patterns of communication
    • Intervention principles
    • Listening and questioning skills
    • Stages in mediation
    • Problem identification
    • Agreement writing

     

    The Role of Advocate and Litigant

    • How to prepare for the mediation
    • How to devise a settlement strategy
    • How to advocate for yourself and your client
    • How to manage your client during mediation

     

    Legal Issues in International Arbitration

    • National Arbitration Laws Treaties, including the New York Convention and ICSID Convention Choice of governing law
    • Validity and scope arbitration agreements
    • Role of the courts: judicial review and enforcement of awards; judicial assistance in the arbitration process
    • Investment disputes
    • Sovereign immunity

     

    The Arbitral Process

    • Designing the process: drafting the arbitration clause
    • Choice of rules of arbitration
    • Conduct of proceedings: initiating arbitration, constituting the tribunal, establishing terms of reference, discovery of documentary evidence, interim relief, submitting testimony, hearings, and awards
    • Arbitrator ethics and challenges to arbitrators (participants will play role of counsel or arbitrator in a simulated international arbitration)

     

    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, where she supervised approximately 1,100 international arbitration cases each year involving parties from over 120 countries. 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: 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.