Rwanda:UNDP in Delivering as One23 November 2011

2

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

3

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

4

Previous trainings

• Trainer has done similar trainings in Afghanistan (judiciary), South Sudan (government lawyers) and Kuwait

5

Methodology

• Lectures• Discussions• Case studies• Role play• Simulations • Validation of Standard

Contracts & Templates

6

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

7

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

8

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

10

• Language Barriers• Different levels of prior legal

education• Attendance• Tardiness• Competing trainings (some offering

better perks)

Challenges

11

• 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

12

Questions?

Prof. William Kosarwilliam.kosar@undp.org+250 782 22 00 79 (Rwanda)+254 715 457 412 (Kenya)

Skype: billkosar

13