DATES: JUN 29 - JUL 3, 2020 
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 Overview

Inadequate cross-border insolvency policies negatively impact a country's financial and institutional stress and security. It inhibits foreign direct investment; burdens judicial systems; leads to asset outflow; and increases recovery time of financial downturns. Comprehensive legal frameworks that target domestic and international proceedings can counteract these consequences and attract investments and minimize lending risks. This one-week seminar on advanced cross-border insolvency will compare insolvency regimes, analyze model laws, discuss domestic needs and limitations, and introduce the latest developments in the field. Through this course, participants will be able to consider current and potential reforms addressing their country's bankruptcy policies.

 

Course Outline

 

Core Principles for Insolvency

  • Fairness; transparency; accountability
  • Minimizing asset wastage
  • Maximizing recoveries by creditors
  • Minimizing loss of employment
  • Reorganizing businesses

Impact of Inadequate Domestic and Cross-Border Insolvency Laws

  • Economic Impact
  • Cross-border investment
  • Personal liability of officers and directors
  • Off-shoring of Cash Assets
  • Impact on Institutional Lending and Banking; Distress and Rescue Financing
  • Judicial Efficiency
  • Impact on fairness

Relationship between Domestic and Cross-Border Insolvency Laws

  • Stakeholders: Debtor; Banks; Trade Creditors; Employees; Insolvency Representative; Government
  • Regulators; Judiciary; other stakeholders
  • Types of Insolvency Proceedings: Liquidation; Reorganization
  • Extraterritoriality

Review of Cross-Border Insolvency Regimes

  • UNCITRAL Model Law Provisions
  • EC Regulation on Insolvency Proceedings 2015
  • Other robust country-specific laws
  • Comparison of advantages and disadvantages

Discussions on Specific Provisions and Their Impacts

  • Access
  • Application and commencement
  • Eligibility and jurisdiction
  • Commencement standards and applicable laws

Treatment of assets upon commencement

  • Assets included and excluded
  • Protection and preservation of estate
  • Use and disposal
  • Post-commencement finance
  • Treatment of contracts
  • Avoidance proceedings

Conduct of insolvency proceedings: domestic and cross-border

  • Treatment of creditor claims
  • Priorities and distribution of proceeds
  • Treatment of corporate groups
  • Judicial procedure
  • Fraud, asset tracking and recovery

Cooperation and coordination

  • Judiciaries; inter-court communications and interaction Insolvency professionals

Conclusion, discharge and closure of Insolvency Proceedings

Specific Issues

  • Forum shopping
  • Recognition and Enforcement of Insolvency-Related Judgments
  • Buying and selling creditors’ claims against debtor
  • Third party funding of litigation cross-border insolvency of multinational enterprise groups

Program will be infused with case studies and updates on international bankruptcy policies

 

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: APR 13-17, 2020
 
 
         
VENUE: ILI Headquarters, Washington, D.C., USA
     
       
TUITION: $2245    
         

 

 

 

 

 

Overview

The frameworks for International Commercial Mediation, and Investor-State Mediation are fast developing and are potentially the most effective and cost-efficient forms of dispute resolution, both in the context of cross border international commerce, and in the investor-state investment context. One part of this seminar focuses on the new developing framework for International Commercial Mediation, including the enforcement of mediated settlements under the Singapore Convention on Mediation, and also on the Investor-State Dispute Resolution framework. The second part of this seminar focuses on skills training to manage an international commercial or investor-state mediation either as a mediator, or as a party, or as an advocate assisting a party to a mediation. Through an in-depth analysis of theory and practice with the emphasis on building skills, and by conducting a simulated-mediation, participants will acquire the skills and knowledge essential to managing the International Mediation process (including a multiparty mediation), and to reaching agreement in commercial cross border and investor-state investment disputes. All those who are involved in International Commercial Mediation or Investor-State Mediation, or who may become involved, or who are interested in these important topics, will benefit from this seminar.

Course Outline

 

  • International Commercial Mediation Framework: the Singapore Convention on Mediation; UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation;
  • Court Assistance in the context of International Commercial Mediation: conflict between treaties or laws; more favourable national legislation rule principle; how to enforce a Settlement Agreement; how courts can be involved in an International Commercial Mediation, and similarly avoiding the involvement of courts in the mediation process;
  • Conciliation Proceedings under the ICSID (International Centre for Settlement of Investment Disputes) Convention;
  • Mediating disputes involving a Government Entity;
  • Settlement Agreements;
  • Mediation Practice in the context of International Commercial Mediation:
  • Mediation Principles and Process;
  • Mediation Skills and Techniques;
  • The Roles of the Parties to a Mediation;
  • Simulated Mediation Exercise

Course Advisors

Hernando Otero is an international arbitration and mediation attorney with experience as an arbitrator, mediator and counsel record in domestic and international proceedings. He is an Alternative Dispute Resolution lecturer with the Washington College of Law (WCL) and the International Law Institute in Washington D.C. He is also a Fellow with the WCL Center on International Commercial Arbitration and the lead lecturer for its mediation course offered with JAMS. He is a peer-reviewed mediator with the District of Columbia’s Superior and Appeals Courts, a member of the roster of neutrals of the International Institute for Conflict Prevention and Resolution (CPR), and a CEDR certified mediator for Investor-State disputes. He has served as international arbitrator before the World Bank’s International Center for Settlement of Investment Disputes (ICSID) and has been appointed as an arbitrator by the International Chamber of Commerce’s (ICC) Court of Arbitration, the Bogota Chamber of Commerce Arbitration and Conciliation Center’s (CAC) Court of Arbitration and the Financial Industry Regulatory Authority (FINRA) in the United States. He has also appeared as counsel of record in proceedings under the ICSID Convention, the ICSID Additional Facility and the UNCITRAL Arbitration Rules.

 

DATES: MAR 30 - APR 10, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $4200  
       

 

 

  

  

 

Overview

The key to profitable and sustainable development is the selection of viable projects and effective project preparation and financing has become even more critical in recent years. To that end, this seminar focuses on providing the knowledge and skills required to develop an idea into a bankable project ready for financing and implementation.

Through lectures, case studies, and individual and group exercises, participants will have the opportunity to experience what makes projects successful. Participants are also encouraged to bring an example of a project to contribute to class discussions.

Course Outline

Project Identification and Preparation

  • Meaning & requirements

Project Development Context

  • Why this project?
  • Investment programming in the public sector
  • Project approach to investment
  • Economic viability vs. commercial viability

Assessing Project Viability

  • Technical, economic and financial analysis
  • Fiscal impact
  • Cost recovery
  • Operations and maintenance

Financing and Approval

External Assistance and Multilateral Development Agencies

Sustainability and Lessons Learned

  • Risk analysis
  • Institutional aspects
  • Environmental considerations 

Course Advisors

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. Mr. Puri also worked for many years appraising investment proposals at the International Finance Corporation. He has an M.B.A. from The George Washington University and has worked with more than 80 developing countries.

Mehdi Al-Bazzaz has decades of experience as an economic practitioner, and instructor on development issues and practices, including the design and analysis of programs in many developing countries. He has a graduate degree from London University and has worked at the Iraq Ministry of Planning, the World Bank Institute, The George Washington University, Georgetown University, and Loyola University of Chicago.

Jack Upper is a Senior Advisor at ILI, a former World Bank Division Chief in the Europe Middle East Region and Ford Motor Company Financial Analyst. Mr. Upper holds degrees from Yale University and the University of Michigan.

DATES: APR 13-17, 2020
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

  

 
 

 

Overview

This seminar focuses on the fundamentals, legal and regulatory frameworks, current important issues and trends in understanding and negotiating transmission service agreements. The seminar will include financial and project-related themes in the context of transmission services. The objective of the seminar is to assist transmission service agreement role players, including policy makers and practitioners from emerging economies, to develop skills and to better understand the contractual terms and conditions through analysis and applications.

 

Course Outline

  

Fundamentals of Transmission Service Agreements

  • Overview of established arrangement of provisions
  • Actors and Role players
  • Policy Considerations

 

Legal and Regulatory Frameworks

  • The Regulator, including Tariff Setting
  • Compliance, and Discussion of Selected Laws and Regulations

 

Contractual Considerations, including

  • Important Concepts/ Definitions
    • Transmission Service Types (e.g. “point-to-point transmission service,” “open access”)
    • Transmission Charges and Affiliates
    • Curtailment Conditions
    • Operating Period
    • Insolvency Events and Occurrences
  • General Terms of Service
    • Standards and requirements for operation and maintenance
    • Billing and payments
  • Terms and Continuing Obligations
    • Environmental Compliance and Procedures
    • Remediation and Abatement
    • Force Majeure
    • Tax Responsibilities
  • Amendments
    • Declare notice of filing and response
    • Limitations in Modifications of Agreement
    • Governing law and dispute resolution
  • Termination Procedures
  • Miscellaneous
    • Scheduling and Metering

 

Project-Related Topics

  • Procurement Issues
  • Utilization of Public-Private Partnerships
  • Project Finance Considerations for Transmission Services
  • Other Financial Considerations

Trends in Power Services and Other Current Topics

  • Grid Modernization
  • Renewables, integration, and energy storage
  • Growing load defections for Utilities
  • Design reforms and Distributed Energy Resources (DER)
  • Environmental Concerns
  • Refocused customer service, including the role of third party vendors
  • Changing Utility business models

Negotiations

  • Negotiating techniques
  • Negotiating with donor organizations, financiers and sponsors
  • Approaching/Drafting Contractual Terms, Conditions and Amendments

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: MAR 30 - APR 3, 2020    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $2245    
       

 

 

 

 

 

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.