DATES: OCT 22 - NOV 2, 2018    
         
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.

 

Upcoming Seminars:
FINANCE IN INTERNATIONAL DEVELOPMENT
May 7-18, 2018

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.

   

Key Topics:

  • Financial Development and Economic Growth
  • Capital Flows and Development
  • Project Finance in Public-Private Partnerships
  • Innovative Financing Mechanisms for Economic Development
  • Negotiations

Apply Now

Washington, DC; 10 Business Days; Tuition $3950
 

 

CAPITAL MARKETS: DEVELOPMENT AND REGULATION
October 8-19, 2018

This course highlights the major issues and procedures relating to the development and regulation of capital and securities markets in developing economies. Participants will discuss the major building blocks of an effective capital market and the policy environment needed to help its development. The course also includes issues related to the growing interaction of emerging markets with developed capital markets.

   

Key Topics:

  • Legal, Regulatory and Institutional Framework
  • Development of Capital Markets
  • Role of Participants in Capital Markets
  • Typical Field Trips (selection based on availability)

Apply Now

Washington, DC; 10 Business Days; Tuition $3950

 
 
 

 

RELATED COURSES

   
 

ABOUT THE ILI

 

The International Law Institute was founded in 1955 as part of Georgetown University. Since 1983, ILI has been an independent, non-profit training institution. ILI has a long-standing track record of assisting emerging economies and developing countries in achieving economic growth through sound governance and legal infrastructure.

ILI offers training to assist government officials, practitioners and the private sector in finding solutions to the legal and economic challenges faced by developing nations.

ILI participants are exposed to the best practices in good governance, management, and transparency standards that will give them the tools to improve the performance of government agencies, promote public accountability in government and achieve economic growth. More than 32,000 participants, from 186 countries, have been trained by ILI and its global affiliates. ILI organizes special seminars and conferences in the ILI facilities and abroad. ILI also partners with many renowned organizations to co-sponsor other events which contribute to the promotion of the rule of law and international development.

 

International Law Institute

Fostering Prosperity Through the Rule of Law
1055 Thomas Jefferson St., NW Suite M-100 Washington, DC 20007
Tel: 202.247.6006 Fax: 202.247.6010 Website:
www.ili.org

 

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DATES: NOV  26 - DEC 7, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
       

 

 

 

 

 

COURSE LINKS: 

MULTILATERAL AND REGIONAL TRADE AGREEMENTS

THE TRADE FACILITATION AGREEMENT & OTHER IMPORTANT CUSTOMS ISSUES

 

Overview

This seminar offers an exciting opportunity for personal and professional development, and consists of a combination of two courses: Multilateral and Regional Trade Agreements; and The Trade Facilitation Agreement & Other Important Customs Issues. Participants in this course will receive two certificates indicating completion of each seminar. To see descriptions of the topical areas covered, please refer to the two descriptions above or in the ILI Brochure. In addition, the participants who enroll in this two week combination seminar will have more opportunities to network and can take part in the optional weekend sightseeing tour of Washington offered to participants who attend seminars lasting two weeks or longer at the ILI.

 

Course Advisor

Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years. He has taught international trade law at universities in Washington, London, and Tokyo. He has written extensively on the subject, and was Editor-in-Chief of a major multi-volume work on the WTO published in 2005. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

 

DATES: POSTPONED
   
         
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

 
 

DATES: NOV 26-30, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

 

Overview

The seminar will cover the basic GATT and WTO rules, and examine the implications of the growth of RTAs. The course is designed to help governments and enterprises to take full advantage of the opportunities provided by multilateral and regional trade agreements, as well as to deal with their challenges. It will be taught by present and former senior government officials, leading academics and practitioners, and officials from multinational organizations.

The creation of the WTO some twenty years ago, with its effective enforcement system, vastly expanded the scope and effectiveness of the international trade system. While the Doha Round of multilateral trade negotiations largely failed, the WTO still plays a vital role in the trading system, which is underpinned by the rules developed by the GATT (the WTO’s predecessor) and the WTO itself. Most importantly, these rules are enforced by the WTO dispute settlement system, which is much more effective than most international D/S systems. More than 500 cases have been filed with the WTO, compared with only three state-to-state cases under the NAFTA.

In part because of the failure of the Doha Round to produce much in the way of lowered trade barriers, Regional Trade Agreements (RTAs) have become an increasingly important part of the international trading system. RTAs already cover more than half of world trade, and massive new agreements are under negotiation. Although the United States has pulled out of the Trans Pacific Partnership, the other eleven signatories are reportedly moving ahead. China is leading negotiations of the Regional Comprehensive Economic Partnership (RCEP) (16 countries, including India, China, Japan and Korea, accounting for nearly 30 percent of world trade). The Transatlantic Trade and Investment Partnership (TTIP) between the United States and the EU, accounting for about 40 percent of world trade, is another possibility. There is also a great deal of RTA activity in Africa, as the many existing RTAs are consolidated with a view to eventually creating a single African Economic Union.


Course Outline


Background: the International Trading System

  • Creation and operation of the WTO
  • Rules governing trade in goods, services and intellectual property
  • WTO dispute settlement

Regional Trade Agreements

  • GATT and GATS provisions authorising RTAs
  • The pros and cons of RTAs
  • The growth of “Megaregionals”
  • Dispute settlement in RTAs
  • Particular issues:

    • Trade in goods – rules of origin
    • Trade in services
    • Intellectual property
    • Investment
    • Non-traditional issues – environment, labor, etc.

Course Advisor

Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years. He has taught international trade law at universities in Washington, London, and Tokyo. He has written extensively on the subject, and was Editor-in-Chief of a major multi-volume work on the WTO published in 2005. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

NOTE: This course can be taken on its own or in conjunction with the course on the Trade Facilitation Agreement and Other Important Customs Issues, to be held the following week.