The 13th Annual McGill University / PEOPIL Conference on

International Aviation:
Liability, Insurance & Finance

Les Salons Hoche, 9 Av. Hoche, 75008 Paris
21 – 22 April 2023

10.25 CPD hours

we are very grateful to our Sponsors

Diamond Sponsors

Gold Sponsors

Silver Sponsor

Bronze Sponsors

Interested in sponsoring this conference? Please contact our Sponsorship Liaison

Ms. Maria D’Amico
McGill University Institute of Air & Space Law
telephone: +1 514 398 5095/fax: +1 514 398 8197
email: conferences.iasl@mcgill.ca

Please click here for the sponsor opportunities.

Hotel Information:
For a list of hotels in the vicinity of the conference venue, please click here.

Les Salons Hoche
9 Av Hoche
75008 Paris
France

This event brings together world-leading aviation liability, insurance and finance experts to address, inter alia, the following topics:

Recent Developments in Aviation Liability
Air Carrier Passenger Liability and Comparative Jurisprudence Under the Warsaw System and the Montreal Convention of 1999
Products Liability of Manufacturers of Aircraft, Engines and Component Parts
Liability of Airports and ANSPs
Air Cargo Liability
Governmental Liability for Aviation Accidents and Acts of Terrorism
Litigation Strategy: Procedural Tools
Damages: Economic and Non-Economic
Consumer Protection Regulation and Litigation
Aircraft Leasing and Finance
The Challenges of Settlement and Emerging Insurance Issues
The Impact of Communicable Diseases on the Airline and Hospitality Industries
Drones – Safety, Security and Liability
Round Table Discussion on Contemporary Issues in EU Law

In addition, the conference will host two luncheons and a reception/dinner-dance to facilitate networking among attorneys, insurers, air carriers, manufacturers and government representatives.

This is the thirteenth annual McGill/PEOPIL Conference on International Aviation Liability, Insurance & Finance

Prior conferences have been held in:

Toulouse 2008
Montreal 2009, 2011, 2013, 2015, 2017
Amsterdam 2010
London 2012, 2014
Edinburgh 2016
Dublin 2018

Programme

Thursday 20 April 2023

Arrival Day

18:00-19:00

Welcoming Reception

Friday 21 April 2023

Day 1

08:00 – 08:45

Registration and morning refreshments

Sponsored by:

08:45 – 09:00

Welcoming Remarks

Ana Romero Porro
PEOPIL President, Malaga

Prof. Dr. Donal Hanley
McGill University, Montreal

09:00 – 10:00

Recent Developments in Aviation Liability

Comparative analysis of recent Warsaw and Montreal Convention jurisprudence
Recent aviation disaster litigation
Impact of COVID and other communicable diseases on aviation and related travel industries
Conflicts between U.S. and European courts
The challenges of achieving a desirable level of global uniformity

Chair

Prof. Emeritus Dr. Paul Stephen Dempsey – McGill University

Panellists

Vonnick Le Guillou – DLA Piper, Paris
Robert Clifford – Clifford Law Firm, Chicago
Andrew Harakas – Clyde & Co, New York
David Short – Balfour+Manson, Edinburgh

10:00 – 11:00

Liability of Manufacturers of Aircraft, Engines and Component Parts

The Boeing MAX litigation
Assessing the Lion Air and Ethiopian Airlines accidents
TCAS, autopilot and automation
Does/should government certification preempt tort claims and criminal liability?
International reciprocity of certification
Will we see more use of the Hague Convention on Products Liability?
Is there liability exposure for toxic fumes and radiation in commercial aircraft?
What is the liability for the use of counterfeit parts?

Chair

Mark Harvey – Hugh James, Cardiff/London

Panellists

Mélanie Etienne – Airbus, Toulouse
Christopher M. Odell – Arnold & Porter, Houston
Steven Marks – Podhurst Orseck, Miami
Carlos Villacorta Salís – BCV Lex, Madrid

11:00 – 11:30

Refreshment Break

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11:30 – 12:30

Liability of Governments for Aviation Accidents and Acts of Terrorism

Sovereign Immunity
The U.S. Foreign Sovereign Immunities Act and the Federal Tort Claims Act
The U.S. Justice Against Sponsors of Terrorism Act
What will be the liability exposure of the U.S. should other nations enact reciprocal legislation?
A look at KAL 007, Pan Am 103, the September 11, 2001, terror attacks, MH 17, Cuban Brothers to the Rescue, Iran Air 655, Ukraine Airlines 752
Approach of different jurisdictions to the applicability of criminal prosecutions in the context of aviation disasters
Criminal prosecution for the destruction of MH-17
Will Saudi Arabia accept responsibility for September 11 the way Libya did for Pan Am 103?
Military accidents and State aircraft issues

Chair

Prof. Dr. Ulrich von Jeinsen – Göhmann Lawyers, Hannover

Panellists

Megan Wolfe Benett – Kreindler & Kreindler, New York
Kenneth P. Quinn – Clyde & Co, Washington, DC
Christa Wijnakker – Beer advocaten, Amsterdam

12:30 – 14:00

Lunch

Keynote Address
Magali Collet – Airbus, Toulouse

Sponsored by:

14:00 – 15:00

Liability of Airports and ANSPs

Airport operation risks, liability and insurance programs
Challenges facing the modern airport, airport services and air navigation providers
A new form of liability for airport operators: ethics and compliance
Ground-handling liability and insurance
Safety and security issues posed by drones

Chair

Isabelle Lelieur – Lelieur Avocat, Paris

Panellists

Isabelle Chiesa – Aéroport de Paris, Paris
Milán Kohlrusz – Bittera Kohlrusz & Tóth, Budapest
Laura Pierallini – Studio Pierallini, Rome
Sébastien Saillard – Allianz Global Corporate & Specialty, Paris

15:00 – 16:00

Litigation Strategy: Procedural Tools

Strategy in choosing venue, including choice of law, available damages and
access to witnesses and evidence
Strategic use of potential challenges to jurisdiction, including forum non
conveniens, removal to Federal Court and Montreal Convention restrictions
Discovery and evidentiary issues, including admissibility of government
investigations and criminal proceedings
Advantages, disadvantages and special issues in class action suits and
multidistrict litigation
Trial considerations: time to trial, cost, strategy and judge or jury trials
Appeals
Alternative Dispute Resolution

Chair

Louise-Hélène Sénécal – Air Canada, Montreal

Panellists

Stephan Eriksson – Astra Advokater, Stockholm
Peng Lim – Liberty Specialty Markets, London
Judy R. Nemsick – Holland & Knight LLP, New York
Sarah Stewart – Stewarts, London

16:00-16:30

Keynote address

Michael Gill – ICAO, Montreal

18:00-19:00

Gala Reception

Sponsored by:

19:00-23:00

Gala Dinner / Dance

Sponsored by:

Dance to the classic rock music performed by The Flying Outlaws, comprised of the following international aviation lawyers:

Paul Stephen Dempsey – Denver
Steven Marks – Miami
Urban Olson – Stockholm
Alan Reitzfeld – New York
Louise-Hélène Sénécal – Montreal

Saturday 22 April 2023

Day 2

08:00 – 09:00

Morning Refreshments

Sponsored by:

09:00 – 10:00

Air Carrier Passenger Liability

Review of recent court decisions on what constitutes accident and bodily injury
Recovery for emotional and mental injuries
Liability of passengers for incidents involving items/baggage falling out of overhead bins
Medical emergencies in flight
Review of recent court decisions on the scope of embarkation and disembarkation
Liability for passenger-to-passenger assaults?
Liability for occurrences that are not related to the operation of the aircraft
Liability exposure of crew and/or air marshals who subdue an unruly passenger
Impact of Montreal Protocol of 2014, which amends the Tokyo Convention of 1963, on liability issues surrounding unruly and disruptive passengers

Chair

Axelle Cartier – Aviation Consultant, Amsterdam

Panellists

Jean-Michel Fobe – Eutralex Srl, Brussels
Sharon Holahan – Global Aerospace Inc., Morris Plains
Urban Olson – Advokatfirman Urban Olson, Stockholm
Darryl G. Pankratz – Alexander Holburn Beaudin + Lang LLP, Vancouver

10:00 – 11:00

Cargo Logistics and Liability in a Multimodal Environment

From aircraft to road and sea: the changing nature of multimodal cargo logistics
Contractual issues in the supply chain particularly with indemnities, litigation support, document availability and investigations involving several service partners and modal operators
The drive to data and transparency in a multimodal logistical supply chain: what does the future look like?
Key international and domestic cargo cases

Chair

Prof. Dr. George Leloudas – Swansea University, Swansea

Panellists

Lucy England – Fox Williams, London
Sigrid Preissl – Bourayne & Preissl, Paris
Roeland van Bockel – EU CEF FEDeRATED project , The Hague

11:00 – 11:30

Refreshment Break

Sponsored by:

11:30 – 12:30

Government Regulation: Health and Consumer Protection

Lessons learned from the COVID-19 pandemic
Entry requirements
Staffing issues
Overlapping of air passengers’ rights regulations
Accessibility
The conflict between privacy and technology

Chair

Prof. Dr. Vincent Correia – Université Paris-Saclay, Paris

Panellists

Katharina de Rességuier – Arnecke Sibeth Dabelstein, Frankfurt
Martine De Serres – Air Canada, Montreal
Prof. Dr. Steven Truxal – Leiden University, Leiden
James Wiltshire – IATA, Geneva

12:30 – 14:00

Lunch

Keynote Address
Randal Robert Craft – Retired Senior Partner, New York

14:00 – 15:00

Aircraft Leasing and Finance

Monitoring the Cape Town Convention – scoring compliance by member States
The future of export credit and finance
Expunging clogs in the title and other interventions: how the Irish High Court keeps watch on the Cape Town international registry
Is the global aircraft trading system making a difference for aircraft lessees?
A review of recent cases of enforcement of lessors’ and financiers’ rights and how lessors and financiers can draft provisions to help protect themselves
Seizure and nationalization of foreign aircraft
Sanctions

Chair

Prof. Dr. Donal Hanley – McGill University, Montreal

Panellists

David Bartlett – Apollo | PK AirFinance, Luxembourg
Séamus O Cróinín – A&L Goodbody, Dublin
Nitin Sarin – Sarin & Co., Chandigarh
Serap Zuvin – Cakmak Law, Istanbul

15:00 – 16:00

Damages: Economic and Non-Economic

Damage limitations under International Conventions and National law
Economic damages: medical expenses, loss of income, loss of earning capacity, etc.
Non-Economic damages: pain and suffering, loss of enjoyment of life, loss of love and affection, loss of consortium and guidance, etc.
Punitive damages
Present value and interest issues
Comparative fault and joint liability
Use of experts

Chair

Clay Hunter – Paterson MacDougall LLP, Toronto

Panellists

Luiz Eduardo Arena Alvarez – Arena Alvarez Advogados, Sao Paulo
Anna Anatolitou – Ince Gordon Dadds, London
Stuart R. Fraenkel – Nelson & Fraenkel, Los Angeles
Ulla Norrhäll – Munich Re, Munich

16:00 – 17:00

Settlement Negotiation and Emerging Insurance Issues

Multi-jurisdictional settlements in complex international aviation litigation against multiple tortfeasors
Thinking outside the settlement box: timing, discovery, mediation and choice of law
Use of “Structured Settlements”
Emerging insurance issues (e.g. acts of terrorism, conflict zones, missing commercial aircraft, cyber security, coronavirus)

Chair

Alan Reitzfeld – Retired Senior Partner, New York

Panellists

Robert Hedrick – Aviation Law Group, Seattle
Christopher Kende – Hill, Betts & Nash LLP, New York
Sophie Moysan – La Réunion Aérienne/La Réunion Spatiale, Paris
Louise-Hélène Sénécal – Air Canada, Montréal

17:00 – 18:00

Roundtable Discussion

Contemporary Issues in EU Law
Litigation Strategy: Differences in Civil and Common Law Jurisdictions

Chair

Lionel Bros – Air France, Paris

Panellists

Prof. Philippe Delebecque – Université Paris 1 Panthéon-Sorbonne, Paris
Caroline Derache – HMN Partners, Paris
Solenn Le Tutour – Le Tutour Avocats, Paris
Dr. Arlette Tanga – University of Yaoundé II, Yaoundé

18:00 – 19:00

Au Revoir Réception

Sponsored by:

General Conference Information

Passport/Visa Information:
If you are visiting France, a valid passport is generally required. It is the responsibility of the visitor, before entering France, to ensure possession of the necessary documents, including those required to enter France or re-enter his/her own country.
Also, registrants may need to show proof of COVID vaccination or testing prior to travel to or from France.

PEOPIL members and McGill Graduates:
For PEOPIL members and McGill graduates, a discount of 10% on the registration fee is applicable. Please email the PEOPIL administrator for the coupon code.

Hotel Information:
For a list of hotels in the vicinity of the conference venue, please click here.

International Aviation:
Liability, Insurance & Finance

10.25 CPD hours

we are very grateful to our Sponsors

Diamond Sponsors

Gold Sponsors

Silver Sponsor

Bronze Sponsors