DATES: MAY 25-29, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

  

 
 

 

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.

DATES: MAY 18-29, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
     
TUITION: $4200    
     

 

 

 

 

 

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.

DATES: APR 27 - MAY 1, 2020
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

Overview

This seminar follows an integrated approach by focusing on enhancing expertise in drafting contracts and strengthening negotiation skills. To emphasize practical learning, the seminar provides opportunities to engage in various drafting and negotiation exercises, developed by experts in the field. This seminar is designed for both lawyers who will be drafting and negotiating contracts for their clients and for officials who will be negotiating, drafting, and implementing contracts.

Course Outline

 

  • Overview of contract law, including purchase orders, requests for proposals, contract formation and contract interpretation; Professional agreements versus construction contracts; Contract pricing and scope; Review of standard language including insurance requirements, indemnification, liquidated damages, third-party rights, suspension and termination
  • Discussion of dispute resolution, including arbitration versus litigation, jurisdiction, choice of law, and remedies
  • Analysis of approaches to negotiation
  • Analysis of positions, interests, options and developing techniques and skills
  • Exploration of power and cultural dynamics • Examination of how to deal with difficult negotiators and overcoming impasse.

 

Course Advisor

Gail Kelley is a professional engineer as well as a practicing attorney. Her practice focuses on drafting and negotiation of construction contracts and design agreements for both public and private projects, with a specific focus on review and negotiation of design agreements and financing documents for insurability concerns. She also participates in the negotiation of settlement agreements. Ms. Kelley has over 30 years of experience in all aspect of design, construction and development. She has a B.S. in Civil Engineering from Cornell University, an M.S. in Construction Management from MIT, and a JD from Washington College of Law. She is the author of “Construction Law: An Introduction for Engineers, Architects and Contractors”.

Gerhard Botha is Director of Programs at ILI. Previously, he worked for the World Bank as a senior sector specialist in legal and judicial reform and private and financial sector development. Mr. Botha specialized in labour/employment law and relations, conflict resolution and negotiation, both in private practice and within a large corporate environment in Southern Africa. He has over 30 years experience in legal and labour relations practice, and in international development. Mr. Botha holds B.A. and LL.B. degrees from the University of Stellenbosch in South Africa, an LL.M degree in Labor Law from the University of South Africa and an LL.M focusing on labour/ employment law and Alternate Dispute Resolution, from the George Washington University Law School in Washington DC.

 

DATES: OCT 19 - 30, 2020    
         
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 Director of Performance Evaluation, Innovation, and Learning 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: APR 13 - 24, 2020 

 
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200    
     

 

  

 

 

 

Overview

This course provides hands-on training in the selection procedures, contractual issues, and negotiation techniques for hiring and supervising consultants for projects funded by the World Bank and other International Financing Institutions (IFIs). The course will also address the broader topic of policy and legal issues related to the hiring of intellectual services: professional liability and conflicts of interest and provisions in the World Bank´s new risk-based Procurement Framework and UNCITRAL Model Law.

Course Outline

Overview of Procurement of Consulting Services

  • New World Bank Risk-based Procurement Framework
  • Consulting services distinguished from goods, works and technical services
  • Historical development and evolved practices
  • Risks in procurement
  • Special features in hiring consultants: preparation of Terms of Reference, cost as a selection factor, burden of professional liability, intellectual property issues, conflicts of interest

Typical Consulting Contracts

  • Lump-sum, time-based, indefinite delivery, and percentage contracts
  • Important contract provisions: payments, liabilities, conflicts of interest, and intellectual property matters

Hiring of Consultants in IFI-funded Projects

  • Selection procedures
  • Terms of reference, requests for proposal
  • Choice of contract
  • Evaluation of proposals
  • Resolution of complaints
  • Fraud and corruption
  • Contract negotiations
  • Contract management

Case studies and exercises: Preparation of TORs, RFPs, Evaluation Reports, identification of risks and resolution of cases involving contract management issues, conflicts of interest and fraudulent and corrupt practices.

Course Advisor 

Sabine Engelhard is a lawyer specialized in procurement whose career focus has been in international development, capacity building and governance-related issues. She held various senior positions at the Inter-American Development Bank (IDB). She also worked at the World Bank, with a prominent international law firm, and headed the Washington office of an international consulting firm. Sabine has been involved in high-profile initiatives with the World Trade Organization (WTO) and the Organisation for Economic Cooperation and Development (OECD), to strengthen country procurement governance. Today Ms. Engelhard consults for different international organizations. She is an independent expert with the United Nations (UN) Award-Review Board, advising on procurement challenges resolution. She is a course advisor and a lecturer at the International Law Institute (ILI) in Washington DC, and lectures in the Procurement Master’s Program of the International Training Center of the International Labour Organization (ITC/ILO) in Turin, Italy. She holds master-level and post-graduate degrees in Law, International Relations, and European Studies.