DATES: JUL 9-20, 2018    
       
TUITION: $3950     
       

 

 

 

Overview

Lawyers play an important role in public-private partnerships and in conflict resolution for PPPs. This course is designed specifically for lawyers to teach what they need to know about PPP design, agreements, and pitfalls in PPP. Topics covered include negotiating, drafting and implementing Public-Private Partnership agreements, as well as renegotiating agreements and alternative dispute resolution options, including investor-state arbitration. Selected sessions will be combined with the Public Private Partnerships and Infrastructure Finance seminar and will cover PPP design, finance, and structure. This course will take a thorough examination of legal issues associated with of each stage of the PPP process.

 

Course Outline

 

Legal Topics Related to PPPs

  • Alternative Dispute Resolution mechanisms for PPPs
  • International Investment Treaties
  • Overview of Investor-State arbitration
  • Drafting key provisions in concession agreements

Planning for Private Participation

  • General nature of private infrastructure finance
  • Lessons learned from the past policies and projects
  • Strategic considerations for the host government and the private sector participant
  • Identification and preparation of individual projects
  • Developing a communication strategy

Design of Concessions and Other PPP Arrangements

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems with agreements local authorities and other sub-national entities
  • Key financial considerations including the concept of bankability

Negotiation of Key Contract Clauses

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable;
    termination provisions and compensation in event of termination; tariff and price adjustment clauses;
    unilateral change and economic hardship clauses; provisions for government support; transfer of assets at
    the end of the concession and dispute settlement clauses

Finance: Structure and Basic Techniques

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques
  • Basic project documents

 

Finance: Arranging the Funding

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

Renegotiation of Agreements

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

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: JUL 9-20, 2018    
       
TUITION: $3950     
       

 

  

  

Overview

This course provides training in the design, negotiation and financing of private participation in infrastructure and covers topics of interest to private sector lawyers, contractors, bankers and accountants as well as government officials. It uses case studies and mock negotiations to identify critical issues related to the use of project finance techniques to fund Public-Private Partnerships.

 

Course Outline

 

Planning for Private Participation

  • General nature of private infrastructure finance
  • Lessons learned from past policies and projects
  • Strategic considerations for the host government and for the private sector participant
  • Identification and preparation of individual projects
  • Developing a communications strategy

Design of Concessions and other PPP Arrangements

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems of agreements with local authorities and other subnational entities
  • Key financial considerations, including the concept of bankability
  • Basic project documents

Negotiation of Key Contract Clauses

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable; termination provisions and compensation in event of termination; tariff and price adjustment clauses; unilateral change and economic hardship clauses; provisions for government support; transfer of assets at the end of the concession and dispute settlement clauses

Project Finance: Structure and Basic Techniques

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques

 

Project Finance: Arranging the Funding

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

Renegotiation of Agreements

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

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: JUN 18 - 22, 2018    
       
TUITION: $1995    
       

 

 

 

Overview

This seminar offers an overview and deeper understanding of the FIDIC Suite of Construction Contracts. Each of the different FIDIC books will be discussed and different analyses will focus on the most appropriate type of contract for different types of projects. During the course, the FIDIC Red book will be most closely analyzed. The seminar will also discuss dispute resolution clauses in FIDIC contracts. The seminar will conclude with an interactive FIDIC contract negotiation.

 

Course Outline

 

Types of Contracts – Different FIDIC Books

  • Overview of Green, Red, Yellow, Orange and Silver books
  • Comparison of key clauses
  • Identifying the most appropriate book for each type of project

 

FIDIC Red Book

  • Discussion of key clauses in red book
  • Variations
  • Delay Damages
  • Termination
  • Risk Protection

 

Dispute Resolution Under FIDIC

  • Mediation clauses and process
  • Dispute Resolution Boards
  • International Arbitration

 

Interactive Negotiation Session

  • Mock negotiation of FIDIC contract

 

Course Advisor

Akin Alcitepe concentrates his practice on complex commercial and construction litigation matters before international and domestic dispute resolution tribunals such as ICSID, ICC and the AAA as well as U.S. state and federal courts. Mr. Alcitepe is known for his meticulous preparation and expert tailoring of his jury presentations to decision-makers (bench vs. jury trial vs. arbitration) which produces favorable results for his clients. His experience includes litigation successes on the local, national and international stages.

 

 

DATES: JUN 18-29, 2018
   
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 bilsl 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 11 - 15, 2018    
       
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.