DATES: APR 2-6, 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 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.

 

DATES: MAY 21 - JUN 1, 2018    
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: JUN 4 - 15, 2018    
       
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.

 

DATES: SEP 3 - 14, 2018    
       
TUITION: $3950
   
       

 

 

 

 

Overview

This seminar focuses on project management and monitoring, including team building and leadership. It is especially designed for managers of developing country projects and for persons responsible for implementing such projects. Past participants have come from government, utilities, corporations, international organizations and NGOs. The seminar will examine crucial issues and steps in project management. Participants are encouraged to bring an example of a project that they can relate to the seminar for discussion.

 

Course Outline

Crucial Issues and Steps in Project Management

 
  • Defining objectives (logframe)
  • Managing the project environment
  • The project life cycle
  • Project identification, preparation and approval
  • Financial and economic analysis
  • Project financing
  • Team building and leadership
  • Organization alternatives
  • Communication, motivation
  • Managerial styles
  • Conflict resolution
  • Role of project managers
  • Implementing change
  • Work breakdown structure (WBS)
  • Critical path method
  • Project scheduling (MS Project Software)
  • Cost control
  • Risk analysis
  • Reporting and control
  • Monitoring
  • Database management systems (MS Access Software)
  • Introduction to procurement

 

Course Advisors

Robert Ross has served as an executive and senior advisor in the energy, oil & gas, and manufacturing industries, with significant global responsibility and experience across Fortune 500 companies, management consulting firms, the United Nations, and US and foreign government agencies and ministries. Rob has built and led business units and functional teams as an executive at numerous companies. His work has focused on improving business process execution and operational effectiveness, building sustainable capacity, increasing profitability, strengthening communications, and managing information technology. He has worked in more than 20 countries. He has managed the delivery of results-oriented services in the areas of business process improvement, company operations turnaround, business risk mitigation, anti-corruption program design and implementation, litigation support, contract/project management, and information systems planning/design/implementation.