DATES: JUN 17-28, 2019
         
VENUE: ILI Headquarters, Washington, D.C., USA      
   
TUITION: $3950
   

 

 

 

 

 

Overview

This seminar stresses learning by doing. Participants will convert specific legislative proposals into the drafting of bills. Instruction will include the basics in drafting common statutory provisions. The United States legislative process will be introduced as a case study.

Course Outline

Legislative Drafting Principles and Analysis

  • Applying legislative drafting principles and analysis to proposals for new legislation

Elements of Legislative Drafting: Rules and Exercises

  • Achieving the intended legal effect
  • Drafting clear legislative sentences
  • Structuring and organizing bills and other legislation
  • Drafting amendments, repeals, and superseding language to existing law

Hands-On Drafting of Legislation

  • Drafting bills from specific legislative proposals

Drafting Common Legislative Provisions

  • Enforcement provisions
  • "Power of the purse" funding provisions
  • Grant programs
  • Governmental commissions

Legislative Process

  • Development of legislative policy
  • Comparison of U.S. and foreign legislative processes
  • Implementation of trade agreements through domestic legislation
  • Role of legislative committees in developing legislation
  • Role of professional legislative services and other legislative support services
  • Statutory Interpretation

Course Advisor

Arthur J. Rynearson served as the Deputy Legislative Counsel of the United States Senate from 1999 to 2003. For more than 26 years, he was an attorney-drafter in the Office of the Legislative Counsel, United States Senate, where he drafted thousands of bills, resolutions, and amendments. He has 20 years experience teaching legislative drafting and legislation to foreign parliamentarians, attorneys, and law students. He also served as a legislative researcher for the Congressional Research Service of the Library of Congress. He is a graduate of the Cornell University Law School, where he specialized in international legal affairs, and a Phi Beta Kappa graduate of Hamilton College, where he majored in Government. Mr. Rynearson is also the author of Legislative Drafting Step-by-Step (Carolina Academic Press-ILI, 2013), a user-friendly guide to drafting legislation.

 

DATES: JUN 17-21, 2019    
         
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: JUN 3 - 7, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

 



Overview

This course strengthens participant knowledge of the fundamentals of antitrust and competition law and provides participants with important insights on new developments, cutting edge issues, and best practices. In addition, major substantive and procedural fundamentals and developments will be explored through lecture, in-class discussion, and real-world case studies.

Examining the foundations, sources, and underlying principles of antitrust laws, the course will provide participants with the opportunity to critically examine the material with colleagues and experts and to discuss case studies reflecting the application of antitrust principles throughout the world.

Furthermore, beyond foundational material, participants will consider issues relating to cartels, dominant position abuse, mergers, joint ventures, distribution, information exchanges and the IP/antitrust interface, as well as the enforcement strategies employed to achieve these goals in both the public and private sectors. The course is intended for judges, lawyers, non-lawyer professionals, government officials, judicial officers and officials of judicial and legal training units.

Course Outline

Foundations/Sources of Antitrust/Competition Laws

  • Substantive policy goals
  • Procedures and free markets

Antitrust Fundamentals

  • Cartels
  • Dominant position abuse
  • Mergers
  • Joint ventures
  • Vertical restraints
  • Information exchanges and the IP/antitrust interface

Competition Enforcement

  • Public (civil/criminal sanctions, ex ante notification)
  • Private and collective redress

Evidence/Remedies

  • Important concepts
  • Collusion
  • Abuse
  • Market definition/market power
  • Role of experts

Globalization of Antitrust

  • Global restraints/international responses
  • Regional, bilateral and networks – conflicts

New and Latest Developments

  • Conflicts to convergence
  • Enhanced enforcement techniques and compliance

Dynamics

  • Case studies
  • Teamed problem solving and possible visit to an enforcement agency or a court

Course Advisor

Howard W. Fogt has practiced antitrust and competition law for more than 40 years as a partner in the Washington DC and Brussels Belgium offices of Foley & Lardner LLP. His practice has involved counselling/litigating on cartels, dominant positions, mergers/acquisitions, joint ventures, information exchanges and the IP/antitrust interface as well as antitrust/competition law in international trade. Mr. Fogt taught EU competition law at Georgetown University Law Center.

He has written and spoken extensively on U.S. EU and international antitrust issues. Prior to entering private practice, he was a law clerk on the Ohio Supreme Court and Associate Counsel on the Antitrust Subcommittee of the Judiciary Committee of the U.S. House of Representatives. He is admitted to the Ohio State Bar, the Bar of the District of Columbia and the United States Supreme Court. He is fluent in English and French.

 

DATES: JUN 3 - 14, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
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

Don De Amicis is an Adjunct 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: MAY 20-31, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
     
TUITION: $3950    
     

 

 

 

 

 

Overview

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

Course Outline

Pros and Cons of International ADR

  • Conciliation, arbitration and mediation versus litigation in domestic courts
  • Arbitration between private parties and governments

The Negotiation Process

  • Approaches to negotiation: creating value vs. claiming value; structuring a deal vs. resolving a dispute
  • Assessing the interests of the parties
  • Opening offers
  • Strategic concessions
  • Why negotiations fail
  • Breaking deadlock
  • Negotiating a dispute resolution clause

How Mediation Works: Tools and Principles

  • Mediation defined
  • Why mediation
  • Roles and attributes of a mediator
  • Changing patterns of communication
  • Intervention principles
  • Listening and questioning skills
  • Stages in mediation
  • Problem identification
  • Agreement writing

The Role of Advocate and Litigant

  • Preparing for mediation
  • Devising a settlement strategy
  • Advocating for your client
  • Guiding and managing your client during mediation

Legal Issues in International Arbitration

  • National Arbitration Laws; Treaties, including the New York Convention and ICSID Convention; Choice of 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
  • Choosing arbitration rules
  • Conduct of proceedings: initiating arbitration, constituting the tribunal, establishing terms of reference, production of documentary evidence, interim relief, submitting testimony, hearings, and awards
  • Arbitrator ethics and challenges to arbitrators
  • Simulated international arbitration exercise

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.