The eighth annual conference of the Cape Town Convention Academic Project will take place in Oxford on 10th and 11th September 2019.
As usual, this conference covers issues and discussion on all three existing protocols of the Cape Town Convention, and the draft MAC protocol.
There will be a major discussion of the Oceanair litigation in Brazil. Fundamental Cape Town Conventions issues are present in that case, including the interpretation and application of its substantive and cross border insolvency provisions. Oceanair is the first large scale insolvency in which the treaty plays a central role. With the Diplomatic Conference coming up in November this year, there will be two sessions on the draft MAC protocol : one looking critically at provisions in that protocol that are based on those in the other protocols, and the other looking at the relationship between the draft MAC protocol and domestic secured transactions law. There will also be a session on the interpretation of the Cape Town Convention in the various language versions, and a discussion of the CTC Compliance Index.
This year, the format will be a little different. The conference will consist of slightly longer panel sessions, with the emphasis on discussion between the panellists and from the floor. Contributions to the Journal this year will include comprehensive reports of the discussion as well as academic papers.
Tuesday 10th September
10.30am Delegate registration and tea/coffee
11.15am Assessment of provisions in MAC protocol that are based on other protocols: any need for change?
Chair: Philip Durham, Holland & Knight, MAC Working Group
Bruce Whittaker,University Of Melbourne
Michel Deschamps, Mccarthy-Tretault, Montréal
12.45pm Buffet lunch
2.00pm Comprehensive case study of Oceanair insolvency: session 1 (1) facts; (2) setting: Brazilian ratification, legal system, and key legal practices; (3) arguments made by all parties; (4) action taken by courts and administrative authorities; (5) discussion and assessment
Chair:Kenneth Basch, Basch & Rameh, São Paulo
Analysis of Legal Arguments:
Professor Marcelo von Adamek, University of São Paulo
Professor Francisco Satiro, University of São Paulo
Analysis of Facts and Impact on Lessors:
Fabio Falkenburger, Machado Meyer, São Paulo
Regina Lynch, Motta Fernandes, São Paulo
4pm Comprehensive case study of Oceanair insolvency: session 2(1) political economy and practical considerations; (2) treatment of key issues which arose in the Official Commentary; (3) US chapter 15 proceedings
Chairs: Jeffrey Wool, Aviation Working Group, Harris Manchester College, Oxford and Kenneth Basch,Basch & Rameh, São Paulo
Brazilian Judicial System / Impact on Cape Town Compliance:
Renata Iezzi, Basch & Rameh, São Paulo
Patricia Matsubara, Machado Meyer, SãoPaulo
4.45pm Chapter 15, US Bankruptcy Code:
Professor John Pottow, University of Michigan
William Piels, Holland & Knight, San Francisco
6pm Summary of day
Opportunity to book into accommodation
6.45pm Drinks, followed by dinner (7.15pm) at Harris Manchester College
Wednesday 11th September
9.30am Linguistics and the interpretation of the Cape Town Convention
Chair: Professor Ignacio Tirado,Secretary-General, UNIDROIT
Natalia Nikitina, White & Case, Moscow
Bushra Abu Tayeh, Al Tamimi & Co
Professor Jean-François Riffard, Université Clermont Auvergne
Yi Liu, Rio Bai Law Firm, Beijing
11.50am CTC Compliance Index: discussion of draft final methodology and scoring and related CTC compliance information platform
Jeffrey Wool, Aviation Working Group, Harris Manchester College, Oxford
1.20pm Buffet lunch
2.30pm Relationship between MAC protocol and domestic secured transactions law
Chair: Professor Louise Gullifer, University of Oxford
Professor Teresa Rodriguez de las Heras Ballell, Universidad Carlos III, Madrid
Professor Benjamin von Bodungen,German Graduate School of Management and Law, Bird & Bird, Railroad Working Group
John Wilson, International Finance Corporation (WBG)
Dr Marek Dubovec, National Law Center for Inter-American Free Trade (remotely)
4pm Closing remarks
As you know, the Cape Town Convention on International Interests in Mobile Equipment (the CTC) is one of the world’s most important commercial law treaties, which now has 79 Contracting States. Papers from the first seven annual conferences, held in Oxford between 2012 and 2018, are published in the Cape Town Convention Academic Journal and are available electronically from the project website at http://www.ctcap.org/.
The Cape Town Convention Academic Project is a joint undertaking between the University of Oxford Faculty of Law and the University of Washington School of Law. Aspects of the Project are also being undertaken under the auspices of the International Institute for the Unification of Private Law (UNIDROIT). The Project’s purpose is to facilitate the study and assessment of the CTC and to advance its aims. The Project will benefit scholars, practising lawyers, and judges and other government officials. The Project’s founding sponsor is the Aviation Working Group. It comprises several segments, including the creation of a comprehensive electronic database, a specialised journal, the creation of teaching materials, and economic assessment. Details are on the project website at http://www.ctcap.org/
The conference is kindly sponsored by five leading law firms: Abogados Sierra; Blake, Cassels & Graydon; Clifford Chance; RNC Legal and Holland & Knight.