DATES: NOV 6 - 17, 2017    
       
TUITION: $3950    
       

 

 

 

Overview

This course examines the practical applications of arbitration and mediation and discusses advanced legal issues in international commercial arbitration. The second week of the course takes critical focus on developing practical skills and knowledge through a simulated arbitration process. The course is intended for judges, lawyers, non-lawyer professionals who want to understand arbitration and mediation, as well as government officials, judicial officers, officials of judicial and legal training units, and court administrators.

Course Outline

 

Negotiation and Mediation

  • Process, Skills and Techniques
  • Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements by the mediator and parties
  • Finding resolution in mediation: uncovering interests, breaking deadlock, closure, and follow-up 
  • The Role of Advocate and Litigant: preparing for mediation; devising a settlement strategy; advocating for your client; guiding and advising your client during media
  • Additional comprehensive mediation exercise

International Arbitration (Advanced)

  • The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
  • The Arbitrators: appointment, qualification, arbitrator ethics and challenges
  • The Arbitration Proceedings: choosing arbitration rules, seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards
  • Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
  • Court Assistance: interim measures, appointment of arbitrators, assistance in taking evidence, judicial review
  • Enforcement of Arbitral Awards
  • Issues of Particular Interest: introduction to investment disputes
  • Simulated Arbitration Exercise: drafting the arbitration clause, requesting arbitration/responding to request, initial conference, terms of reference, drafting statements of claim/defense, challenges to arbitrators, interim relief, witnesses, hearings, drafting an arbitral award


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. She is also the 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.

 

For more information, please check out this article with Course Advisor Anne Marie Whitesell.

DATES: NOV 6 - 10, 2017    
TUITION: $1995    
     

 

 

 

Overview

The seminar comprises the first week of the Advanced Arbitration and Mediation seminar and examines the foundations of arbitration and mediation, including advanced legal issues in international commercial arbitration. Participants will learn the principles of mediation through case studies and practical exercises. The seminar is an indispensable asset to all professionals seeking to strengthen their knowledge of ADR.

Course Outline

 

Mediation

  • Processes, Skills and Techniques
  • Mediation Emphasis: mediator role and styles; determining the mediation process, opening statements of mediator and parties
  • Finding resolution in mediation: uncovering interests, breaking deadlock, closure, and follow-up
  • The Role of Advocate and Litigant: preparing for mediation; devising a settlement strategy; advocating for your client; guiding and advising your client during mediation

Foundations of International Arbitration (Advanced) - Topics Selected From:

  • The Arbitration Agreement: characteristics, validity, scope, applicable law, transfer, termination
  • The Arbitrators: appointment, qualification, arbitrator ethics and challenges
  • The Arbitration Proceedings: choosing arbitration rules, seat of the arbitration, commencing and managing proceedings, terms of reference, evidence, interim relief, hearings and awards
  • Law Governing the Merits of the Dispute: choice of law, international public policy and mandatory rules of law
  • Court Assistance: interim measures, appointment of arbitrators, assistance in taking evidence, judicial review
  • Enforcement of Arbitral Awards


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.

 

For more information, please check out this article with Course Advisor Anne Marie Whitesell.

DATES: OCT 23 - 27, 2017
   
       
TUITION: $1995    
       

 

Overview

This seminar focuses on the practical skills necessary for drafting contracts in English. Participants will sharpen their skills in working with legal English, and specifically drafting contracts in legal English. The emphasis is on learning by doing, and the seminar will offer the opportunity to draft and receive feedback from experts. Participants will engage in several drafting exercises and a negotiation session.

Course Outline

  

Overview of the U.S. Contract Law

  • Sources of Law
  • Contract Formation
  • Contract Interpretation

 

Basic Drafting Topics

  • Definitions
  • Warranties
  • Termination Clauses
  • Remedy Provisions
  • Contingency Clauses

 

Boilerplate Language and Utilizing Templates

  • Choice of Law/Governing Law
  • Jurisdiction
  • Arbitration
  • Force Majeure
  • Third Party Rights

 

Course Advisor

Dr. Kevin Fandl is the director of the Global Legal Education Institute and author several books, including Narrowing the Gap: Legal English for the New Global Legal Practitioner and Lost in Translation: Effective Legal Writing for the International Legal Community. He has taught law and policy courses around the world since 2004 and specializes in the areas of international trade, migration, and economic development. Dr. Fandl is a graduate of American University (J.D., M.A.) and George Mason University (Ph.D.) and is currently Professor of Legal Studies and Global Business Strategy at the Fox School of Business at Temple University.

 

 

DATES: OCT 23 - NOV 3, 2017    
       
TUITION: $3950    
       

 

 

 

Overview

Countries face many challenges related to sustainable development of their energy sectors. Governments must adapt policies and legal framework to efficiently develop their natural resources (both conventional and renewable resources); diversify and optimize the energy source mix, address climate change impact and meet INDC requirements, attract capital and expertise to develop the entire energy sector value chain; capture economic rents to pass through energy sector benefits to local communities; ensure optimum local content development; improve linkages to power sector; foster transparency, corporate social responsibility and environmental stewardship - all of which is critical for securing the affordable, reliable, and sustainable energy supply and for growing the local economies.

This seminar examines issues using policy, legal, and commercial lenses to provide a strategic level understanding of the sustainable value chain.  Participants will receive a detailed review of the legal and commercial issues that must be resolved for successful sector development.  Material is delivered through a variety of methods including: reference reading, in-class lecture, industry panels, and interactive group simulations and workshops.

 

Course Outline

 

FUNDAMENTALS

  • Global energy sector overview, value chain, issues and trends
  • Objectives of a host government, SOEs, energy companies and other stakeholders
  • Host country’s strategic policy issues, legal and regulatory framework and fiscal regime
  • Climate change: adaptation and mitigation targets and implementation
  • Negotiation framework, strategy, and toolsNegotiation framework, strategy, and tools

 

OIL AND GAS (UPSTREAM, MIDSTREAM AND DOWNSTREAM)

  • Upstream fiscal systems, taxation 
  • Upstream contracts and key terms
  • Special considerations for natural gas
  • Sales, storage, and transportation
  • Transboundary pipelines
  • Refineries
  • State participation in oil and gas projects

 

RENEWABLES

  • Commercial and operational framework
  • Development, structuring and financing of renewable projects
  • Case studies for solar, wind, geothermal, hydro, and other projects
  • Requirements for host governments in development their renewables sector

 

POWER SECTOR

  • Sector fundamentals and structure
  • Project funding issues and alternatives
  • Power sector contracts and terms
  • Trends and developments with case studies

 

SPECIAL CONSIDERATIONS

  • Climate change: adaptation and mitigation targets and implementation
  • Local content and other energy sector benefits to local communities
  • Energy corridors and regional cooperation
  • Transparency, anti-corruption, CSR and environmental standards
  • Resolution of energy sector disputes between states and investors


 

Course Advisor

Guly Sabahi is an independent legal adviser and outside general counsel, with 15 years of law firm experience (most recently as Partner at Dentons), advising major international companies and state-owned entities (including NOCs) on cross-border M&A and JV transactions, mainly in the energy sector. Guly also provides legal support on upstream projects, and power projects. Guly has worked on transactions and projects involving assets in over 50 countries in the Middle East, the Sub-Saharan Africa, Central Asia, and Latin America. Guly teaches at Georgetown University Law Center, and regularly speaks at events hosted by the Association of International Petroleum Negotiators (AIPN), and other leading organizations. Guly serves on the Board of Directors, and as VP External Affairs, of the AIPN. Guly is trained in both civil law and common law jurisdictions, and is admitted to practice in the US (New York and District of Columbia), and as Solicitor in England and Wales.

Robert Lesnick is an Executive Advisor to businesses and governments seeking to develop projects which expand development and use of natural gas.  Mr. Lesnick recently retired from the World Bank as its Oil and Gas Program Coordinator after a successful 30-year career in the private sector.  He has extensive experience in the petroleum sector, including commodity trading, project development, and natural gas field operations.  Robert has over 25 years of international experience as a manager and lead negotiator for the development of energy infrastructure projects.  He has conducted business in more than 60 countries on 6 continents.

 

DATES: OCT 9 - 20, 2017    
       
TUITION: $4450    
       

 

 

 

 

Overview

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.

 

Course Outline

Legal, Regulatory and Institutional Framework

  • Institutional structure related to market's needs
  • Government regulation: securities laws, securities exchange commissions, central banks, ministries of finance
  • Stock exchanges: rules and regulations, self or external regulation, membership and listing standards
  • Corporate governance
  • Transparency
  • Prospectuses

 

Development of Capital Markets

  • Policy issues affecting development of capital markets
  • Managing risks and responding to crises in Capital Markets
  • Capital markets and housing finance

 

Role of Participants in Capital Markets

  • Regulators, financial institutions, accountants/auditors, government
  • Issuers of securities in capital markets
  • Investors in capital markets: individuals and institutional players
  • Professionals: brokers, dealers, underwriters
  • Financial intermediaries: commercial banks, merchant banks, mutual funds, hedge funds, insurance companies, pension funds
  • Initial public offerings (IPOs)

 

Typical Field Trips (selection based on availability)

  • New York Stock Exchange; Nasdaq; U.S. Securities and Exchange Commission, U.S. Federal Reserve Bank in New York; a ratings agency, such as Standard and Poors; The Depository Trust and Clearing Corporation

 

Course Advisor

Paul Freedman is Counsel at the AES Corporation, a global energy company. Mr. Freedman was previously Chief Counsel for Credit Programs at the U.S. Agency for International Development (USAID) and has substantial government and private sector experience in capital markets transactions in developed countries and emerging markets. He has worked on the first non-sovereign bond offerings in several developing countries, and he has played a leading role in the structuring and negotiation of USAID's partial credit guarantees for bond offerings and bank loans in over 40 developing countries.