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
International Aviation:
we are very grateful to our Sponsors
Diamond Sponsors
Gold Sponsors
Silver Sponsors
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
Sponsored by: tba
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
- Karl Hennessee – 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
Sponsored by:
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
- Thea Capone – Baumeister & Samuels, New York
- Dr. P. Nikolai Ehlers – Ehlers, Ehlers & Partner, Munich
- 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
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, Safety and Consumer Protection
- COVID and its mutations
- Mandated vaccines for employees and passengers
- Applicability of EU regulation 261/2004 to non-EU carriers
- Update on the “extraordinary circumstances” defense under EU law
- Regulation of UAVs
- The conflict between privacy and technology
Chair
Prof. Dr. Vincent Correia – Université Paris-Saclay, Paris
Panellists
- Katja H. Brecke – Arnecke Sibeth Dabelstein, Frankfurt
- Martine De Serres – Air Canada, Montreal
- Prof. Dr. Steven Truxal – Leiden University, Leiden
12:30 – 14:00
Lunch
Keynote Address
tba
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
Prof. Dr. Anna Konert – Lazarski University, Warsaw
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
- Settlement/Payment difficulties due to sanctions and international trade controls
- 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, Holland & Knight LLP, New York
Panellists
- Catherine Chaput – Gasco Goodhue St.-Germain, Montreal
- Robert Hedrick – Aviation Law Group, Seattle
- Sophie Moysan – La Réunion Aérienne/La Réunion Spatiale, Paris
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 – Université Paris 1 Panthéon-Sorbonne, Paris
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.