Ileana Smeureanu


The International Law Institute is pleased to announce the new publication of "Confidentiality in International Commercial Arbitration".

The publication is authored by our ILI colleague and associate, Dr. Ileana Smeureanu.  The work aims at deciphering the current degree of confidentiality in international commercial arbitration as reflected by the most important arbitration rules, national laws, other arbitration-related enactments, and practices of arbitral tribunals and domestic courts globally.


The book examines the following issues from a comparative perspective:

•         Reasons for disclosure – [establishment of a defense; enforcement of rights; public interest or interests of justice, etc.]

•         Disclosure by consent, express or implied;

•         Circumstances triggering statutory obligation of disclosure;

•         Recent trends towards greater transparency in investor-State arbitration;

•         Court measures in support of arbitral confidentiality such as award of damages for breach of confidentiality; and

•         Categories of persons bound by confidentiality, including third parties such as witnesses and experts.


Dr. Smeureanu then sets forth criteria to assess the breach of confidentiality in international arbitration and the proper rules for protecting or sanctioning such breaches.

Structured along the main stages of the arbitral process, the analysis covers the duty of confidentiality from the initiation of arbitral proceedings through their unfolding to the issuance of the award and after.

In assessing the degree of confidentiality that 'veils' each phase of the arbitral process, this book raises awareness about the various facets and problems posed by confidentiality in arbitration.

Corporate counsel worldwide will quickly prize its more practical value.

The ILI is very pleased to support Dr. Smeureanu's publication efforts and recognizes the importance of this work.

Dr. Smeureanu obtained an SJD degree in International Commercial Arbitration from Central European University; is an ABA Country Representative for Romania; and is co-editor of the International Arbitration Case Law academic project, under Queen Mary, University of London. Ileana has also served as faculty in ILI 's most recent Arbitration for Judges program.

"Confidentiality in International Commercial Arbitration" may be purchased online via Kluwer Law International. [ Order Here ]








ILI Executive Director to Speak at Procurement Conference along with Nigerian President Goodluck Jonathan and Former President Olusegun Obasanjo.

ILI Executive Director, Kim Phan will be speaking at the Fourth Annual Conference on Public Procurement in Abuja, Nigeria on July 25 - 26. Al Burman, President of Jefferson Solutions, former Administrator of the U.S. Office of Federal Procurement Policy, and longtime ILI faculty will also be presenting at the conference. This year's conference theme is entitled: A Decade of Procurement Reform.

Procurement reform has been of primary focus in Nigeria, due largely to the establishment of the Bureau of Public Procurement and the enactment of the Public Procurement Act in 2007. Transparency International and the Global integrity report have cited the enactment of the PPA as a key reason for boosting Nigeria's ranking.

This year's conference has gained key political support with the inclusion of President Goodluck Jonathan, former President Olusegun Obasanjo, the Senate President, Speaker of the House, Chief Justice, Governors, and Ministers in the program.

ILI has been working on public procurement reform in Nigeria since 2005, and is proud to have supported the Government of Nigeria in this important reform.

For a complete conference itinerary please CLICK HERE




The International Law Institute recently completed a training seminar for 70 staff members of the Lagos State (Nigeria) House of Assembly on Legislative Strategic Planning and Management. The seminar took place at the African Regent Hotel in Accra, Ghana from March 27 – 31, 2011.

The opening of the seminar was attended by the political leadership of the Lagos State House of Assembly. Opening remarks were given by the Speaker of the House and ILI Executive Director Kim Phan.

The training focused on organizational structures and practical techniques for managing legislative institutions as well as the support services necessary to accomplish this in an efficient and effective manner. Sessions were arranged on the role of legislative staff, legislative organization, and legislative support offices. Additional sessions focused on working with the Executive body, congressional oversight, working with committees, constituent service delivery, dealing with member's transitions, and legislative drafting. A particular highlight of the seminar was a visit to the Parliament of Ghana for a chance to compare best practices of the legislature.

The International Law Institute also gives a special thank you to Steve Halloway, Kenny Kraft, and Art Rynearson for their contributions to the program.



The International Law Institute and the Lagos State House of Assembly visited the Parliament of Ghana on March 30, 2011 as part of the Legislative Strategic Planning and Management training seminar held recently by ILI in Accra, Ghana. The group had the chance to tour the Parliament, observe proceedings, and learned about the history of the Parliament from a former Clerk of the Parliament.

The group was officially recognized from the floor by the Rt. Hon. Speaker, which was also noted in the official minutes. The visit was a highlight of the seminar, which focused on managing and supporting legislatures and learning through the comparative process. The group was able to apply knowledge gained during the seminar about the US Congress together with their knowledge of the Lagos State House of Assembly and compare procedures with the Parliament of Ghana.

Thank you to Richard K. Acheampong, Principal Assistant Clerk for Parliamentary Relations for accommodating the group. Thank you to Mr. Nana Rex Owusu-Ansah for making necessary arrangements.




The International Law Institute held meetings this month with representatives of Zhejiang, China to discuss future training opportunities.

Areas of study were focused primarily on international finance, banking, insurances, risk assessment and management and capital markets.

Discussions focused equally on formal training and on practical application and observations of financial management including internships for selected participants at U.S. financial and regulatory institutions.

Meetings were held with Mr. Yu Di, from the Zhejiang Bureau of Foreign Experts, a friend of ILI and with whom we have worked successfully in the past. Representing the Zhejiang Provincial Finance Affairs Office was Ms. Chen Nin, and Ms. Yao Yao from the Zhejiang Personnel Training Center.

ILI looks forward to our continued discussions towards this opportunity and further supporting the specialized training needs within the Zhejiang Provincial government.

Representing ILI were Ms. Kim Phan, Executive Director; Robert Sargin, Deputy Director and Yue Yang, associate.

April 2011



Pictured signing: Ms. Kim Phan, Mr. Charles Verrill, Mr. Dong Guoxin and Mr. Guan Yongnian


The International Law Institute was honored this week to sign a most important training agreement with the Human Resources and Social Security Department of Shandong Province, China and the Law Association of Shandong.

The Letter of Intent provides for long term training opportunities between ILI and legal professionals from Shandong Province.  Training is expected to be conducted both in Shandong as well as at ILI facilities in Washington, DC.  Training will focus primarily on international trade, international dispute mechanisms, WTO, related U.S. legal institutions and protocols. This program will rely heavily on legal practicum within these areas of study as well as internships for selected participants, in prestigious Washington, DC law firms.

The agreement was signed by Mr. Dong Guoxin, Director-General of Human Resources and Social Security Department of Shandong Province and ILI Board President, Mr. Charles Verrill.

The training program is being coordinated through the Shandong Law Association as represented by Mr. Zhao Yu, Mr. Tang Jinming, Director of the Shandong Shinda Co. and Mr. Robert Sargin, Deputy Director of ILI.

Also included in this esteemed delegation from Shandong were Mr. Zhang Chuanting, Deputy Secretary-General of Shandong Provincial People's Government; Mr. Yu Shunshui, Deputy Director of Bureau of Foreign Experts of Human Resources and Social Security Department of Shandong; Mr. Zhang Zhuxiu, Division Chief of Human Resources and Social Security Department of Shandong Province; Mr. Sun Deping, Division Chief of Human Resources and Social Security Department of Shandong Province and Mr. Guan Yongnian, Division Chief of Department of Justice of Shandong Province. 

Accompanying Mr. Verrill from ILI were Ms. Kim Phan, Executive Director; Patrick Macrory, Center Director of ILI's International Trade Law Center; Mr. Li Guogang, ILI Visiting Scholar / Humphry Fellow / Division Director, Bureau of Fair Trade for Imports & Exports from the Ministry of Commerce, China; and Ms. Yue Yang, ILI Associate.

The International Law Institute would like to extend our sincerest appreciation to Mr. Verrill and the law firm of Wiley Rein, LLP for hosting this meeting.




The International Law Institute is proud to have hosted a senior delegation from provincial transportation authorities from Guangxi, China.

ILI presented for this delegation a specialized lecture series on International Competitive Bidding, Contract Administration & Project Management for Roads.

ILI wishes to extend our sincerest gratitude to Mr. Raghavan Srinivasan, (ILI faculty and former Chief Procurement Advisor to the World Bank) for his sessions on International Competitive Bidding, Financing and Regulations for World Bank and Asian Development Bank sponsored projects. ILI would also wish to thank Mr. Geoffrey Keating his contributions on Contract Administration of Large Works; Mr. Mehdi Al Bazzaz for sessions on Large Works Project Design and Preparation; Project Monitoring and Analysis by Mr. Cesar Queiroz, World Bank Highway Advisor and Lead Highway Engineer and former Deputy Director of the Brazilian Road Research Institute; Large Works Controls and Quality as delivered by Mr. Robert Youker, CEO of Management Planning and Control Systems, former World Bank Management Specialist; and Mr. Graham Myers, Sr. Civil Engineer and Director of Special Projects of Alpha Corporation and Advisor for the American High Speed Rail Association for his technical expertise on large works projects.

The International Law Institute would lastly like to thank Ms. Xiaowei Song, (practicing lawyer in Beijing and LL.M candidate at American University) for working so closely with ILI on this program.  Her ability to communicate highly technical materials was pivotal in promoting and maintaining meaningful dialogue between faculty and participants.



The International Law Institute is proud to have hosted a lecture series on U.S. Public Administration and Civil Service Employment Management and Policy for a delegation of 22 esteemed professors and university administrators from Guizhou Province, China.

The delegation was sent by the Guizhou provincial government and primarily consisted of representatives from the Guizhou Administrative College. This College is responsible for the cultivation and selection of senior officials and management in Guizhou.

The delegation was arranged for by the Beijing Future-Land Information and Consulting Co. Ltd. [an ILI representative in China] and was held from Feb. 22 – 25, 2011.

Meetings and lectures were held with the U.S. Office of Personnel Management; The Graduate School; and the National Association of Public Administrators all focused on federal perspectives. The delegation also met with the D.C. Department of Human Resources to better compare local civil service and policy perspectives to that of federal administration.

The International Law Institute extends our deepest gratitude to Mr. Rick Lowe, Director – Office of the Executive Secretariat & Ombudsman, U.S. Office of Personnel Management; Olena Yanakova, Program Manager – The Graduate School; Angelina Rowe Garner, Director – D.C. Department of Human Services; Patricia Elwood, Director – Office of Protocol and International Affairs, Executive Office of the Mayor [D.C.]; Kristine Marcy, President and CEO – National Academy of Public Administration; and the Office of Congresswoman Eleanor Holmes-Norton for their contributions and training partnership on this program.

In addition, ILI would especially like to thank Ms. Dan Shang from Andrews Kurth LLP, for her singular and extraordinary contributions in the form of communications and instruction, which resulted in the overall success of this program.


The International Law Institute is proud to have once again hosted the UN Commission on International Trade Law (UNCITRAL) Expert Group for Working Group I, at our facilities in Washington, DC from January 26 – 28, 2011.

UNCITRAL is comprised of 6 Working Groups. Working Group 1 is primarily dedicated to Country Procurement and Infrastructure Investment and Management; Working Group 2 focuses primarily on Arbitration and Conciliation; Working Group 3 focuses on Online Dispute Resolution; Working Group 4 focuses on E-Commerce and Negotiable Instruments; Working Group 5 is dedicated to Insolvency and Economic Order; and Working Group 6 on Security Interests.

The Expert Group for Working Group 1 met to discuss final revisions to the New Model Law for Country Procurement, which is intended to assist developing countries to strengthen the integrity of their own procurement systems.

The Group met to work to finalize the law and producea "Guide to Enactment". Outputs from this meeting will be submitted to Working Group I for approval in March 2011. Working Group 1 will then further submit these recommendations for final approval of the law and a working draft of the Guide to the UNCITRAL Commission later this year, and for dissemination by the UN to country procurement officials thereafter.

Participants included Caroline Nicholas (Secretariat), Don Wallace, Jr., Chris Yukins, Keith Loken, Lisa Miller, Alison Micheli, Eleanor Andres, Zhao Yong, Julia Davis and Robert Smith. For more information on the activities of UNCITRAL, please refer to their website at .  

The International Law Institute a permanent observer to UNCITRAL.



Ambassador Motsyk with Kim Phan, Patrick Macrory and Jeff Ziarnik in the George Washington Room at the Ukraine Embassy


Ukraine Ambassador to the United States thanks ILI for training trade lawyers of the Ukraine Embassy. 

On January 28, 2011, ILI Executive Director Kim Phan, Director of the International Trade Law Center Patrick Macrory, and Program Administrator Jeff Ziarnik, at the invitation of Ambassador Olexander Motsyk, paid a visit to The Embassy of Ukraine to the United States.

The meeting followed the completion of the ILI Dispute Mechanisms of the WTO training seminar attended by members of the Embassy. Two Embassy staff were awarded scholarships to recognize Ukraine's increasing involvement in the WTO and to celebrate past Ukrainian participation in ILI seminars.

The parties exchanged ideas of fostering mutual cooperation on future projects. Discussions covered advanced legal and economic training in areas of international trade law, international investment law, public procurement, and judicial trainings. The parties also discussed the potential for training at ILI in Washington DC and special training to be arranged in Ukraine.

The International Law Institute would like to thank Ambassador Motsyk and the Embassy of Ukraine for their hospitality and recommendations for future collaboration.