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Prof William Kosar recently spent 2 years in Rwanda working with the Ministry of Justice to build the capacity of Rwandan Government Lawyers to negotiate and draft international contracts.
Citation preview
Rwanda:UNDP in Delivering as One23 November 2011
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Back to Basics: Negotiating &
Drafting ContractsTraining
Mandate
• To build the capacity of Government of Rwanda (“GoR”) lawyers to negotiate and draft domestic & international contracts and treaties
• Design templates & standard contracts for GoR use
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Overview
• Training provided initially to Legal Advisory Service of the Ministry of Justice
• Later expanded to all Government of Rwanda lawyers
• Specialised training in energy-related contracts for EWSA
• Specialised workshops in ADR, etc.• Future trainings for P/Ss & other
budget officers
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Previous trainings
• Trainer has done similar trainings in Afghanistan (judiciary), South Sudan (government lawyers) and Kuwait
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Methodology
• Lectures• Discussions• Case studies• Role play• Simulations • Validation of Standard
Contracts & Templates
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By the end of the course, participants understand:
• contract theory• intercultural
communications• specialized contracts
e.g. international sales of goods, construction contracts, foreign investment agreements, treaties, public private partnerships
• Alternative Dispute Resolution methodologies & techniques
• WIN: WIN theory of negotiation
• Negotiate a multi-party contract
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Topics include
• MOUs• Sale of Goods• Treaties• RTAs• ADR• PSA• PPPs• Public
Procurement
• Bid Rigging & Corruption
• L/Cs• PPAs &
Interconnect Agreements
• Privatisation• Construction
contracts• role of engineer
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Negotiation Training
• Day long course on the theory including a short multicultural simulation
• Preceded by training in leadership & team building (1 day) and Inter-Cultural Communications (1/2 day)
• Followed by day long simulation• Simulations tailored to audience
• FDI• New Constitution• Water Pipeline• Power Purchase Agreement between Utility
& IPP9
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• Language Barriers• Different levels of prior legal
education• Attendance• Tardiness• Competing trainings (some offering
better perks)
Challenges
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• Plan for language barriers using tri/bilingual PowerPoint slides
• Utilise multilingual participants to explain to others, lead discussions
• Start trainings early in day before participants get a chance to go to work
• Week long retreats upcountry have better attendance record• 20+ participants vs. 5 or 6
Lessons learned/Recommendations
Prof. William Kosar’s Profile
• 27+ years as commercial lawyer & professor of law in many post-conflict environments
• Experienced trainer• Author of 2 textbooks on
commercial & trade law• Widely published on construction &
investment law• Candidate fellow of Chartered
Institute of Arbitrators
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Questions?
Prof. William [email protected]+250 782 22 00 79 (Rwanda)+254 715 457 412 (Kenya)
Skype: billkosar
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