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.

 

DATES: MAY 6-17, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
       

 

 

 

 

 


Overview

This seminar focuses on the fundamentals, recent developments, current important issues and trends in the body of knowledge intersecting finance and development. This seminar is designed to unlock and access commercial finance for development goals. The objective of the seminar is to assist policy makers and practitioners from emerging economies to develop skills and to better understand the financial elements of development initiatives through analysis and applications.

 

Course Outline

 

Financial Development and Economic Growth

  • Overview of the research
  • Developing local capital markets
  • Microfinance

 

Capital Flows and Development

  • Bond market development
  • Ratings and rating agencies
  • Country credit spreads
  • Exchange rate risk and management

 

Project Finance in Public-Private Partnerships

  • The market for project finance: Applications and sectors
  • Project characteristics and risk analysis
  • Designing projects and managing risk
  • Financing the deal

 

Innovative Financing Mechanisms for Economic Development

  • Private equity
  • Future-flow securitization
  • Impact-investment funds
  • Diaspora remittances

 

Negotiations

  • Negotiating techniques
  • Negotiating with international donor organizations
  • Debt restructuring
  • Role of outside advisors

 

Course Advisor

Professor Reid Click is an Associate Professor of International Business and International Affairs at the George Washington University in Washington D.C. He received his Ph.D. in economics and international business from the University of Chicago Booth School of Business. Prof. Click teaches courses in international financial management and international macroeconomics. His academic research has been published in leading journals, and he has been a consultant for several international organizations.

 

 

DATES: APR 29 - MAY 3, 2019
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

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: MAY 6-10, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

 


Overview

This seminar comprises the first week of the “Finance in International Development” seminar and participants will be exposed to selected topics based on the Course Outline listed under the “Finance in International Development” seminar, depending on the final schedule, but topics could include:

 

Course Outline

 

Financial Development and Economic Growth

  • Overview of the research
  • Developing local capital markets
  • Microfinance

 

Capital Flows and Development

  • Bond market development
  • Ratings and rating agencies
  • Country credit spreads
  • Exchange rate risk and management

 

Project Finance in Public-Private Partnerships

  • The market for project finance: Applications and sectors
  • Project characteristics and risk analysis
  • Designing projects and managing risk
  • Financing the deal

 

Innovative Financing Mechanisms for Economic Development

  • Private equity
  • Future-flow securitization
  • Impact-investment funds
  • Diaspora remittances

 

Negotiations

  • Negotiating techniques
  • Negotiating with international donor organizations
  • Debt restructuring
  • Role of outside advisors

 

Course Advisor

Professor Reid Click is an Associate Professor of International Business and International Affairs at the George Washington University in Washington D.C. He received his Ph.D. in economics and international business from the University of Chicago Booth School of Business. Prof. Click teaches courses in international financial management and international macroeconomics. His academic research has been published in leading journals, and he has been a consultant for several international organizations.

 

 

DATES: APR 22-26, 2019
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 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

 

Impact of Inadequate Domestic and Cross-Border Insolvency Laws

  • Economic Impact
  • Cross-border investment
  • Personal liability
  • Off shoring of Cash Assets
  • Impact on Institutional and Banking [Lending and Recovery]
  • Judicial Efficiency

Review of Cross-Border Insolvency Regimes

  • UNCITRAL Model Law Provisions
  • EC Regulation on Insolvency Proceedings 2000
  • 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

Stakeholders

  • Debtor
  • Insolvency representative
  • Creditors
  • Other stakeholders

Reorganization

Management of proceedings

  • Treatment of creditor claims
  • Priorities and distribution of proceeds
  • Treatment of corporate groups
  • Judicial procedure
  • Domestic
  • International

Conclusion, discharge and closure

Recognition and Enforcement of Insolvency-Related Judgments

  • Draft Model Law
  • Draft Guide to Enactment of the Model Law

Cooperation and coordination

Facilitating the cross-border insolvency of multinational enterprise groups

Impacts on

  • Judiciaries
  • Government policy / treaties
  • Lenders and commercial communities
  • Domestic and Foreign Direct Investment

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