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Special edition of the Inter-University Center for Terroism Studies' Ambassadors’ Forum webinar:  "Global COVID-19 and the Economy: Costs, Lessons, and Future Outlook".

The International Law Institute and the Indian National Association of Legal Professionals co-hosted a webinar on "Force Majeure and Contract Disputes in Response to COVID 19" on May 5, 2020.

The impact of COVID-19 on the world's economies and geopolitical alignments has been severe and immediate.  From government mandated shut downs; to supply chain stoppages, to key industries being shuttered, all have led to substantial failures and delays in commercial contracts; performance of both goods and services; monetary transfers; insurance claims, etc.  For legal and government sectors, understanding Contract Disputes and Force Majeure provisions as a function of COVID is Imperative.  Understanding how they are constructed, interpreted, and enforced cross-border, is Critical. 

Experts examine Force Majeure and Contract Disputes from the jurisdictional perspectives of: INDIA, E.U., SINGAPORE, CHINA, U.S., among others.

Speakers including R.V. Anuradha and Piyush Joshi from Clarus Law Associates [New Delhi Office]; Felicia Tan from TSMP Law Corporation [Singapore]; John Murino and Yao Mou from Crowell Morning, LLP [Washington, DC and Los Angeles Offices respectively]; and Charles Nairac and Zehaan Trivedi, White and Case, LLP [Paris Office].

Webinar hosted by Robert Sargin from the ILI and Manuj Bhardwaj representing the INALP.

The International Law Institute presents a webinar on "COVID-19 and Energy Sector". ILI Course Advisor Robert Lesnick held a presentation on the impact of COVID-19 to the energy sector, offered live to ILI alumni and the recorded webinar is released for all to view. The International Law Institute would like to thank Robert Lesnick for the outstanding presentation and ILI alumni who attended.

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.

The Indian National Association of Legal Professionals in cooperation with the International Law Institute co-hosted a webinar on the "Future of the World Trade Organization" on April 24, 2020.  

Speakers including Dr. Aniruddha Rajput, Dr. Arthur Appleton, Patrick Macrory, and Marc Linscott examine implications for international trade; regional trade agreements; the WTO; the WTO appellate system; and Indian-US trade relations.

The program was conducted for over hundreds attendees from the legal community of India as well as government officials from across the globe participating in this event. 

The Panellists answered many question submitted by the conference attendees, please click on the following link to download the Questions and Answers transcript.

The International Law Institute will presented a webinar on "The Current State of the World Trading System" on May 1, 2020.

The panel of speakers include: Wendy Cutler, Vice President and Managing Director, Asia Society Policy Institute; Gary Horlick, former high ranking official in the U.S. Senate Finance Committee and the U.S. Department of Commerce; Spencer Griffith, ILI Vice Chairman and Partner of Akin Gump; and Patrick Macrory, Director of ILI's International Trade Law Center. The panel will discuss the current state of international trade; trade negotiations; dispute settlements crisis; and the short and long term implications of the COVID-19 on trade.

On March 26, 2020, the International Law Institute was proud to support and co-host with the Inter-University Center for Terrorism Studies [IUCTS] its conference on “Combating Global Coronavirus: From Isolation to International Cooperation” held as part of Special Ambassador’s Forum series.

The conference focused on the growing concern of the world community with consequences of the outbreak of the Coronavirus. Panelists for this program were drawn from health care, law, security, and diplomatic corps. Issues addressed included threats and responses at both national and international levels.

This program was further supported by the Inter-University Center for Legal Studies at the International Law Institute and the Center for National Security Law, University of Virginal Law School.

The International Law Institute is proud of a long and constructive relationship with the People’s Republic of China dating since 1978. Over the many years, ILI has worked constructively to support capacity training, technical assistance, specialized legal conferences, and exchange programs. ILI has developed and delivered diverse programs from law and governance, to judicial reform, infrastructure, economics, trade, dispute resolution, engineering, and poverty alleviation.

It is our hope that ILI's programs, and the contributions from our technical experts, have substantially aided our delegates in their understanding of applicable legal subject matter, policies, and strategies in our shared goal to promote the effective application of good governance and the rule of law.

In 2019 ILI hosted a series of distinguished delegations of legal scholars, practitioners, and government representatives from China.


SHANGHAI FINANCIAL COURT:  JUDICIAL PROCEDURE INVOLVING COMPLEX FINANCIAL CLAIMS 

The International Law Institute was proud to have received leadership from the Shanghai Financial Court in September 2019. The Shanghai Financial Court is the first specialized financial court to be established in China. It was established in 2018 and is focused on hearing and administering specialized and high level complex financial cases.

Led by the Honorable ZHAO Hong, Senior Judge and President of the Shanghai Financial Court the delegation included the Honorable HUANG Songtao, Vice President of the Shanghai Maritime Court, the Honorable CUI Jie, Senior Judge No. 2 Division of the Shanghai Financial Court, the Honorable ZHANG Hui Chief Judge of the No. 2 Administrative Division of Shanghai No. 3 Intermediate People’s Court, Ms. NI Zhongyue, Deputy Director of the General Office of the Shanghai Financial Court, and Mr. LIU Ping, Director for the Municipal Law Society.

High level exchanges took place on judicial procedure involving Complex Financial Claims, Procedural Variances, Civil and Administrative Procedure, Judicial Qualifications, ADR in Financial Disputes; Technology and AI in Judicial Procedure; Class Action and Multi Party large scale financial claims, Specialized Jurisdiction; Precedent; Judicial Protection of Consumers; Tort Liability, Securities Fraud; Role, Jurisdiction and Procedure of Claims arising from Internet Based Financial Transactions.

Meetings were conducted in Chicago, Washington, DC and New York City. The International Law Institute would like to thank the important contributions of time and expertise shared by: the Illinois Judges Association, the Circuit Court of Cook County, via the Honorable Diane Shelley, Judge Snyder, Judge Mulroy, Judge Mullen and Mr. Dan Robin; US Court of Appeals for the Seventh Circuit; the US Federal Court of Claims with Judge Marian Horn; the Supreme Court, New York County, Commercial Division, with Judge Saliann Scarpulla, Judge Kaplan, and Mr. Robert Haig supporting those meetings.


SHENZHEN LAWYERS ASSOCIATION:  INTERNATIONAL INVESTMENT AND CROSS BORDER DISPUTE RESOLUTION

The ILI welcomed a senior delegation appointed by the Shenzhen Lawyers Association. The 23 member delegation was comprised of accomplished and technically sophisticated international lawyers. The specialized program focused on Cross Border Investment and international dispute resolution.

The delegation was led by Ms. Han Jun, Partner - V&T Law Firm. Included in the program were: Gao Wenjie, Partner - Tian Yuan Law Firm Shenzhen Office, Yin Shidi, Partner - Finance & Commerce Law Offices; Zhang Lexiong, Lawyer - Hylands Law Firm (Shenzhen Office); Yang Fan, Of Counsel - King & Wood and Mallesons (Shenzhen) Law Firm; Sui Shujing, Partner – Deheng Law Offices; Feng Haibin, Partner – GuangHe Law Firm; Zhao XiaoChun , Partner – GuangHe Law Firm; Yi Ziangyang, Partner - Beijing Jingtian & Gongcheng Law Firm (Shenzhen Office); Zhang Yan, Lawyer - Guangdong Bangyi Law Firm; Wen Daren, Partner - Tian Yuan Law Firm (Shenzhen office); Yan Qiong, Partner - King & Wood and Mallesons (Shenzhen )Law Firm; Wang Xielin, Partner - Guangdong Yingzun Law Firm; Zhou Lisi, Senior Partner - P.C. Woo & Zhonglun W.D. LLP; Che Yanmei, Partner - Beijing Dentons Law Offices LLP (Shenzhen); Liu Meng, Lawyer - Guangdong SD & Partners; Huang Xiaoli, Lawyer - Beijing Guantao Law Firm （Shenzhen）; Chen Zhifeng, Lawyer - Guangdong Zhuojian Law Firm; Li Yali, Lawyer - Beijing Long An (Shenzhen) Law Firm; Yang Qi, Senior Partner - P.C. Woo & Zhonglun W.D. LLP; Chen Delin, Partner - Guangdong Wint Law Firm; Peng Yanshan, Lawyer - Guangdong Yiyan Law Firm; Li Jingwen, Partner - Beijing Dentons Law Offices LLP (Shenzhen).

This program was engineered to meet the specific needs of this delegation. It is designed to advance the understanding, expertise and capacity of senior legal practitioners. This technical legal training program focused on the US Legal System; International Trade, National Security Review, Section 301, US /China Trade Relations, International Trade Disputes and Remedies, IP; Corporations, Regulations, Governance; International Investment and Practices: Trends and Climate; Investment Risk and Mitigation; Belts and Road Initiative; International Commercial Arbitration in Complex Cases: Strategies and Practices; ISDS; Mediation, ICC Dispute Resolution - Courts and Procedure; Cross Border Insolvency and Asset Recovery; International Investments; Security Review; International Commercial Dispute Resolution; International Contracts; Cross Border M & A; Law Firm Management and Expansion; among any related issues.

In addition to lectures, and site visits, lawyers met with representatives from prestigious international law firms in DC to better understand from their U.S. peers organizational structure and of those firms and general management of large international law firms.

This program was supported by 33 contributing speakers and over 20 supporting organizations. ILI respectfully acknowledges the immeasurable expertise, contributions and program support from the faculty of the International Law Institute: Kevin Fandl, Temple University; Patrick Macrory, International Law Institute, Warren Maruyama, Hogan Lovells, Spencer Griffith, Jeremy Schwer, Akin, Gump, Strauss Hauer & Feld, LLP; Edmund Sim, Kelley Slater, Arthur Appleton, Appleton Luff; Gary Horlick; Kwan Kim, Michael Koltonyuk, Sheppard Mullins; Larry Wu, Dai and Associates; Howard Fogt, Gregory Husisian, Christopher Swift, Foley & Lardner LLP; Marcia Wiss, Wiss Partners LLP; Kiran Gore, George Washington University; Judge Craig Iscoe – Superior Court of the District of Columbia; Justin Jacinto, Curtis Mallet; Hugh Carlson, Benjamin Jones, Mahir Chattopadhyay, Three Crowns LLP; Steven Shapiro, Washington College of Law – American University; Kristen Young, Matthew Drossos, White and Case, LLP; Ella Rosenberg, Celeste Mowatt, Dr. Jonathan Chevry, World Bank ICSID; Mark Kantor, Georgetown Law; Charles Camp, Law Offices of Charles Camp; and Mary Kate Wagner, Camille Ng, Pedro Arcoverde, ICC International Chamber of Commerce Court.


ALL CHINA LAWYERS ASSOCIATION: INTERNATIONAL INVESTMENT AND CROSS BORDER DISPUTE RESOLUTION

The International Law Institute was proud to have welcomed our third delegation of esteemed lawyers from the All China Lawyers Association - ACLA - in October of 2019. Our 2.5 week capacity training program centered on International Investment and Cross Border Dispute Resolution. Sessions consisted of lectures, site visits, and seminars presented by government officials, practicing lawyers and policy experts.
 

Subject matter included a framework of the US Legal System and how investment law and dispute resolution are reviewed and administered in the US and internationally; Regulation of Businesses; Corporations ans Structure; Considerations in International Investments; International Trade, Regional Trade Agreements: Rules, Risks, Policies; Future of the International Trading Systems; Developments with the WTO Dispute Mechanisms; US – China Trade and Investment Relations; Observation of Trade Dispute Hearings; Global Cross Border Investment Trends and Climate; Capital Flows, Factors affecting Investments; Increase in Global Security Reviews; Practices in Cross Border Investment and Merger and Acquisition strategies; Security Review in the US and globally; Export control and Sanction Compliance (and jurisdictional reach); Investment risk analysis and mitigation; international commercial arbitration; ICC and BRI Arbitration and Considerations; Complex Cross Border Arbitration; Litigation, Mediation, Negotiation and Reworking Deals in International transactions; PPP and Infrastructure – Project Finance – EPC Contracts; World Bank Meetings on Integrity Systems; Conferences with top DC/International Law Firms on law firm management , structure, personnel development, and international growth; Cross border insolvency and asset recovery; international debt collection; Observations of China-Africa Investment Observations and dispute resolution strategies in Africa; International IP – 337, criminal prosecution, case studies.

The 51 member 2019 delegation consisted of Guan Jian, Partner - Beijing Globe-Law Law Firm; Jia Hui, Partner - DeHeng Law Offices; Chen Siyun, Partner - Zhejiang L&H Law Firm; Shao Kaijun, Partner - Beijing S&P (Shanghai) Law Firm; Tang Feng, Director - Shanghai Win&Far Law Firm; Xu Shanshan, Partner - Shanghai Hiways Law Firm; He Fang, Partner - King & Wood Mallesons (Shanghai); Dai Qin, Lawyer - Grandall Law Firm (Guiyang); Li Jinnan, Partner – Tahota Law Firm; Ni Tongmu, Director/Partner - Allbright Law Offices (Nanjing); Pan Zhicheng, Senior Partner - Shanghai HuiYe Law Firm; Xu Lihua, Director - Dentons LLP, Ningbo offices; Li Jinnan, Partner – Tahota Law Firm; Ni Tongmu, Director/Partner – Allbright Law Offices (Nanjing); Pan Zhicheng, Senior Partner - Shanghai HuiYe Law Firm; Xu Lihua, Director - Dentons LLP, Ningbo offices; Li Zhong, Partner - DeHeng Law Offices; He Shi, Partner - Guangxi SUNWARD Law Firm; Luo Yafei, Lawyer - Guangdong Harvesting Law Firm; Zhu Benfun, Partner - Beijing B&J Partners Law Firm; Yang Run, Partner - Beijing Deheng Law Offices (Guangzhou); Luo Jie, Partner - Beijing LongAn Law Firm (Shanghai); Zhang Jie, Senior Partner - Beijing Dentons Law Office, LLP (Zhuhai); Lou Yaohui, Director - Shanghai CILS Law Firm; Cao Jingling, Partner - JUNZEJUN Offices of Beijing; Zhang Suie, Partner - Beijing Anli & Partners; Luo Zhiyu, Lawyer - Beijing Jingshi Law Firm, LLP.; Zhong Xin, Lawyer - Liaoning Fada Law Firm; Wang Lei, Partner - Beijing ZhongLun Law Firm (Qingdao); Cheng Jianao, Partner - Dentons LLP, Shanghai offices; Li Yanyan, Partner - Henan JIUJUN Law Firm; Ma Xiaoyun, Partner - King & Wood Mallesons (Nanjing); Wang Wei, Partner - Grandall Law Firm (Suzhou); Zhou Lixuan, Senior Partner - Shanghai Titan Law Firm; Quan Chaohui, Partner - ETR Law Firm; Li Zhengning, Partner - Beijing Hylands Law Firm; Niu Tongxu, Partner - Tianjin Winners Law Firm; He Yanhong, Lawyer - Shanghai City Haiways Law Firm(Zhengzhou); Zeng Wenzhong, Director - Sichuan YingLingHeShi Law Firm; Shen Zhushi, Senior Partner - Zhejiang Brighteous Law Firm; Zhu Xuerun, Lawyer - Anhui Chengyi Law Firm; Lin Muqing, Partner - Guangdong Qiyuan Law Firm; Hou Zhiwei, Partner - DeHeng Law Offices; Zhu Ning, Partner - Chance Bridge Partners; Li Jiangang, Senior Partner - Beijing YINGKE Law Firm (Shanghai); Zhang Yu, Partner - Beijing Grandway Law Offices (Chengdu); Yang Xiuxiong, Lawyer - Beijing Yingke Law Firm (Kunming); Li Hongwei, Founder - GRAND LI & CO.Law Firm; Chen Lei, Partner - RICC&CO Law Firm; Guo Zhen, Vice Director - The Universal Legal Corporation; Sun Tao, Partner - Zhonglun W&D Law Firm (Shenzhen); Chen Shaokai, Partner - Dentons LLP, Suzhou offices; Liao Mingxia, Partner - Beijing Deheng Law Offices (Shenzhen); Guo Xinhang, Staff - All China Lawyers Association.

In addition to ILI many firms, multi lateral organizations and government offices contributed to this training program. Included were: Sheppard Mullins LLP, Temple University, Appleton Luff, Akin Gump Strauss Hauer & Feld LLP, Sidley Austin LLP, Steptoe and Johnson LLP, Dai and Associates, Foley Lardner LLP, Wiss Partners LLP, Curtis Mallet LLP, Berliner Corcoran & Rowe LLP, Georgetown University, Three Crowns, White and Case LLP, World Bank, Norton Rose Fulbright LLP, US International Trade Commission, Cathaylex, Law Offices of Christopher Redmond LLC. The International Law Institute remains indebted to our contributors for their inputs and professional courtesies.


GUANGDONG HIGH PEOPLE’S COURT: CRIMINAL PROCEDURE AND LEGAL PRECEDENT

Under the direction of the Supreme People’s Court of China, ILI hosted an esteemed delegation of judges from the Guangdond High People's Court [Guangdong Province]. Meetings focused on “Criminal Procedure and Legal Precedent”.

Discussions included rules of evidence, re-investigations, charging and prosecution procedures, prosecuting foreign nationals, appellate process, precedent, considerations in criminal court procedure, criminal and financial crimes in federal courts.

The delegation was led by his Honorable YANG Zhenggen, Vice President of the High People’s Court of Guangdong Province, Senior Judge; adjoined by the Hon. XIE Wenlian, Full-time Member of the Adjudication Committee of the High People’s Court of Guangdong Province, Senior Judge; Chief Judge LUO Shaoxiong, Criminal Division of the High People’s Court of Guangdong Province; Hon. HU Xiaoming, Senior Judge of the Fourth Criminal Division of the High People’s Court of Guangdong Province; Hon. WU Haitao, Senior Judge of the First Criminal Division of the High People’s Court of Guangdong Province; and Mr. LIANG Zhanxin, Deputy Director of the Trial Management Office of the High People’s Court of Guangdong Province.

ILI would like to thank U.S. experts participating in these conferences for their important contributions. High level meetings were conducted with Christopher Boyle and Andrea Nieves from the New York County Defender Services; Ken Kern and Walter Alexander of the Manhattan District Attorney’s Office; Christina Swarns, David Bernstein, Steven Chu and Anastasia Heeger of the Office of the Appellate Defender; Judge Michael O’Keefe, Superior Court of the District of Columbia; and the Honorable Judge Marian Horn of the US Federal Court of Claims; and Robert Sargin, Deputy Director, International Law Institute.


ACKNOWLEDGEMENTS

Special appreciation to ILI Associates Ms. MA Ning, and Ms. Nigina Iminova for their dedication and unparalleled contributions to these programs.

Program development and oversight by Mr. Robert Sargin, ILI Deputy Director. ILI wishes to thank Ms. WANG Kun, Beijing Future Land Information and Consulting Co. Ltd, [ILI’s representative in Beijing], and Mr. Randy Liu for extraordinary program coordination.


GLOBAL LAWYERS FORUM AND BELTS AND ROAD INTERNATIONAL LAWYERS ASSOCIATION

The International Law Institute was invited to participate in the Global Lawyers Forum held in Guangdong in December. The event drew approximately 800 global legal experts and covered a number of important issues related to international policy, investment, commercial, and other legal themes. ILI Chairman, Prof. Don Wallace, Jr presented at the conference on "Investor State Dispute Resolution as an International Commercial Dispute Mechanism".

The ILI was also invited to participate in the Belts and Road International Lawyer Association [BRILA] as a founding member. It is ILI’s hopes to provide inputs into international commercial law contributing to building robust, transparent, and compliant legal systems benefiting equally participating BRI country's legal, economic, and social systems.

Conference: “Geopolitical and Legal Aspects Shaping the Debates on Energy Basins in the Eastern Mediterranean”

On February 19, 2020 a conference was organized by ILI-Istanbul at Hergüner Bilgen Özeke Attorney Partnership on the “Geopolitical and Legal Aspects Shaping the Debates on Energy Basins in the Eastern Mediterranean”.

The program evaluated the geopolitical and legal aspects that shape the debates on energy basins in the Eastern Mediterranean. Moderator and panelist included: Ümit Hergüner (ILI USA Board Member and Senior Partner of Hergüner Bilgen Özeke Attorney Partnership) as moderator; and panelists: Kayra Üçer (President of ILI İstanbul and Managing Partner of Hergüner Bilgen Özeke Attorney Partnership); Dr. Cihangir Akşit (Veteran Major General); Bilge Cankorel (Retired Ambassador); Sedat Ergin (Columnist at Hürriyet Journal); Dr. Dolunay Özbek (İstanbul Bilgi University Law Faculty, International Law Faculty Member); Mithat Rende (Retired Ambassador, Turkish Industrial Development Bank Board Member); Deniz Tuncel (Partner at Hergüner Bilgen Özeke Attorney Partnership).

Discussions throughout the conference yielded many political, legal, and economic outcomes. Perhaps the most notable topic was the Memorandum of Understanding (“MoU”) signed by Turkey and Libya on maritime delimitation and the declaration of an exclusive economic zone (“EEZ”). Several panelists challenged the legal nature of the MoU and questioned whether it constitutes an “international agreement” as enshrined in the Vienna Convention on the Law of Treaties (“VCLT”). Professor Özbek explained that pursuant to Article 2(1)(a) of the VCLT, a treaty is defined as an international agreement concluded between States in written form that is governed by international law and whatever its particular designation. In this regard, an MoU, which consists of rights and obligations that are binding on its parties, is an international agreement regardless of its title. Since the MoU between Turkey and Libya defines maritime delimitation and sets forth each party’s rights and obligations, it should be considered an international agreement. Concerning maritime delimitation, the panelists compared Turkey’s position in the Blacksea and the Eastern Mediterranean. They also discussed the probable positive and negative consequences of bilateral delimitation agreements in the Eastern Mediterranean that are used to settle disputes in overlapping areas.

Another topics of discussion included offshore pipelines. In this regard, a comparison was made between the TurkStream Natural Gas Pipeline, the Baku-Tbilisi-Erzurum Natural Gas Pipeline, the Trans-Anatolian Natural Gas Pipeline (“TANAP”), and the planned natural gas pipeline in the Eastern Mediterranean (“East-Med”). Panelists discussed the feasibility and the positive and negative economic and political outcomes of East-Med. Some panelists shared their views on the possibility of connecting East-Med to TANAP or to the Turkish Transmission Network and transferring the gas this way. Moreover, the panelists explained the current positions of the states involved in the East-Med pipeline, particularly with regard to the Turkish Republic of Northern Cyprus’ willingness to negotiate and cooperate and the Greek side’s unwillingness to cooperate.

Over 40 participants attended.