DATES: JUL 8-19, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
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 8-19, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
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 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: OCT 11-18, 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 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.