Afghanistan
The Islamic Republic of Afghanistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Angola
The Republic of Angola declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and the “waiting period” for the purposes of Article XI(3) shall be 60 calendar days.
Argentina
3. With respect to Article XXX, paragraph 3:
with respect to Article XI that it will apply Alternative “A” in its entirety to all insolvency proceedings, and that the waiting period for the purposes of Article XI, paragraph 3 of this Alternative shall be 30 calendar days.
The original version of this declaration was submitted in Spanish
Australia
The Government of Australia declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Bahrain
(iii) Form No. 23 (General opt-in declarations under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
The Kingdom of Bahrain declared that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and all other insolvency related events and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
(iv) Form No. 26 (Opt-in declarations under Article XXX(1) in respect of Article XII)
The Kingdom of Bahrain declared that it will apply Article XII.
(v) Form No. 27 (Opt-in declarations under Article XXX(1) in respect of Article XIII)
The Kingdom of Bahrain declared that it will apply Article XIII.
Bangladesh
The People’s Republic of Bangladesh declares that it shall apply Article XI, Alternative A of the Protocol in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Brazil
(viii) Declaration under Article XXX, paragraph 3, with respect to Article XI
The Federative Republic of Brazil declares that it will apply the entirety of Article XI, Alternative A, to all insolvency proceedings, and that the waiting period for the purposes of Article XI, paragraph 3, of this Alternative shall be thirty (30) calendar days.
Canada
The Government of Canada declares, in accordance with Article XXX of the Protocol, that it will apply Article XI, Alternative A of the Protocol in its entirety to all types of insolvency proceedings and all insolvency-related events and that the waiting period of the purposes of Article XI(3), Alternative A shall be sixty (60) calendar days.
Cape Verde
Form No. 23 (Declaration under Article XXX (3) in respect of Article XI)
The Republic of Cape Verde declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and the “waiting period” for the purposes of Article XI(3) shall be 60 calendar days.
China
9. The PRC declares that it will apply the entirety of Alternative A of Article XI of the Protocol to all types of insolvency proceeding defined by the Protocol, and that the waiting period shall be 60 calendar days.
Colombia
In respect of Article XXX(3) of the Protocol, Alternative A of Article XI will apply in its entirety to all types of insolvency proceeding and the waiting period for the case of Article XI(3) of that Alternative shall be 60 days.
Côte d’Ivoire
General declaration under Article XXX(3)
The Republic of Côte d’Ivoire declares that it will apply Article XI, Alternative A, in its entirety to all types of insolvency proceeding and that the “waiting period” for the purposes of Article XI(3), Alternative A shall be 60 calendar days.
[This declaration was notified on 12 June 2019 to UNIDROIT by the Government of the Republic of Côte d’Ivoire as subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, and in accordance with Article XXXIII(2) of the Aircraft Protocol, this subsequent declaration took effect on 1 January 2020.]
Denmark
Pursuant to Article XXX(3) of the Aircraft Protocol, the Kingdom of Denmark declares that it will apply in its entirety Alternative A of Article XI to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) is 60 days.
With regard to the declarations made by the Government of the Kingdom of Denmark pursuant to Articles XXX(1) and XXX(3) of the Aircraft Protocol, these declarations will also apply to Greenland. *
*[This declaration was notified to UNIDROIT by the Government of the Kingdom of Denmark, as a subsequent declaration pursuant to XXXIII(1) of the Aircraft Protocol, on 13 March 2024, and in accordance with Article XXXIII(2) of the Aircraft Protocol it took effect on 1 October 2024.]
Egypt
The Arab Republic of Egypt declares that, in accordance the paragraph 3 of Article XXX of the Protocol, Article XI of the Protocol shall be applied, and the Alternative A of the Protocol for all insolvency facts and proceedings and the waiting period set out in paragraph 3 shall be determined by 30 days.
The original version of this declaration was submitted in Arabic
Ethiopia
Pursuant to Article XXX(3) of the Protocol:
a. The entirety of Alternative A of article XI of the Protocol to “all insolvency proceedings” (as defined in the Convention) will be applied:
b. The “waiting period” (as defined therein) under Article XI(3) is no more than 30 working days.
Fiji
Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
The Government of the Republic of Fiji declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Ghana
The Republic of Ghana declares that that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) working days.
Iceland
Declaration under Article XXX(3)
Pursuant to Article XXX(3) of the Aircraft Protocol, Iceland declares that it will apply in entirety Alternative A of Article XI to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) is 60 days.
India
(i) Form No. 23 (General declaration under Article XXX(3) in respect of Article XI) providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
India will apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be two (2) calendar months.
Indonesia
Indonesia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Iraq
C- General declarations under paragraph (3) of Article XXX of the Protocol with respect to Article XI thereof, including the full application of Alternative A to all insolvency proceedings:
The Republic of Iraq declares that, it will commit itself to applying the full provision of Alternative A contained in Article XI of the Protocol on all types of insolvency proceedings and all events related to insolvency, and that the waiting period for the application of the provision of paragraph (3) of Article XI of that alternative will be (60) sixty calendar days.
Jordan
The Hashemite Kingdom of Jordan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and all other insolvency related events and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Kazakhstan
The Republic of Kazakhstan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) shall be sixty (60) calendar days.
Kenya
Kenya declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Kuwait
Declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding
The State of Kuwait declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and all other insolvency related events and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
[This declaration was notified to UNIDROIT by the Government of the State of Kuwait as subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, on 10 March 2022, and in accordance with Article XXXIII(2) of the Aircraft Protocol, this subsequent declaration will take effect on 1 October 2022.]
Kyrgyzstan
Declaration under Article XXX, paragraph 3 of the Protocol.
The Kyrgyz Republic declares that it will apply “Option A” of article XI of the Protocol fully to all types of insolvency procedures and that the waiting period for the purposes of paragraph 3 of this Version of article XI of the Protocol is 60 (sixty) calendar days.
Luxembourg
The Grand-Duchy of Luxembourg makes the following declarations without prejudice to the future exercise by the European Community of its competencies:
– pursuant to Article XXX(3) of the Aircraft Protocol, the Grand-Duchy of Luxembourg declares that it will apply in its entirety Alternative A of Article XI and that the waiting period for the purposes of Article XI(3) is 60 days.
Madagascar
Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
The Republic of Madagascar declares that it will apply Article XI, Alternative A, in its entirety to all types of insolvency proceeding and that the “waiting period” for the purposes of Article XI(3), Alternative A shall be 60 calendar days.
Malawi
Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
The Republic of Malawi declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.
Malaysia
Malaysia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be forty (40) working days.
[This declaration was notified to UNIDROIT by the Government of Malaysia, as a subsequent declaration pursuant to Article XXXIII(1) of the Protocol, on 18 December 2006, and in accordance with Article XXXIII(2) of the Protocol it took effect on 1 July 2007.
A previous declaration (see below) by the Government of Malaysia under Article XXX(3) of the Protocol was withdrawn by the Government of Malaysia pursuant to Article XXXIV(1) of the Protocol. The withdrawal took effect from 1 July 2007.
Malaysia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceedings, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) working days.]
Mexico
2. In accordance with Article XI, the United Mexican States will apply Alternative B in its entirety to all types of insolvency proceeding and that the time-period for the purposes of Article XI subparagraph 2) shall be the time-period expressly indicated by the Parties in the corresponding contract consistent with the applicable law, and shall commence not earlier than the tie when the insolvency administrator or the debtor receives the creditor’s request under Article XI subparagraph 2) of that Alternative.
[…]
4. In accordance with Article XXX:
[…]
b) The United Mexican States will apply in its entirety the Alternative B of Article XI of the Protocol to all types of insolvency proceedings, consistent with the national public order.
Mongolia
Mongolia declares that it shall apply Article XI, Alternative A, of the Protocol in its entirety to all types of insolvency proceeding, and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) working days.
Mozambique
Declaration Form No. 23 – under Article XXX(3), in respect of Article XI
The Republic of Mozambique declares that will apply Article XI, alternative A, in its full force, to all kind of insolvency processes and that the waiting period for the effects of the content of Article XI(3) the aforesaid alternative will be of 60 calendar days.
Myanmar
(iii) Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
Myanmar declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.
New Zealand
New Zealand declares, under Article XXX(3), that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Nigeria
The Federal Republic of Nigeria declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.
[This declaration was notified to UNIDROIT by the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, on 26 March 2007, and in accordance with Article XXXIII(2) of the Aircraft Protocol it took effect on 1 October 2007.]
Norway
Pursuant to Article XXX(3) of the Aircraft Protocol, Norway declares that it will apply in its entirety Alternative A of Article XI to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) is 60 days.
Oman
The Sultanate of Oman declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Pakistan
Pakistan declares that it apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty days.
Panama
As to Article XXX(3) of the Protocol:
(a) it will apply the entirety of Alternative A of Article XI of the Protocol to all types of insolvency proceeding, as defined in the Convention;
(b) the waiting period under Article XI shall not exceed 60 days.
Paraguay
With respect to Article XXX, paragraph 3:
The Republic of Paraguay declares that it will apply the entirety of Article XI, Alternative A, to all insolvency proceedings, and that the waiting period for the purpose of Article XI, paragraph 3, of this Alternative shall be thirty (30) calendar days.
Qatar
Form No. 23 (general declarations under Article XXX(3), in relation to Article XI providing for the full application of Alternative A to all types of insolvency proceedings):
The State of Qatar declares that it fully applies article XI, Alternative A to all types of insolvency proceedings, and that the period of waiting is 60 days, according to paragraph 3 of Article XI.
Russian Federation
Pursuant to paragraph 3 of Article XXX of the Protocol, the Russian Federation, declares that it will apply the entirety of Alternative A of Article XI of the Protocol to all types of bankruptcy cases, and that the waiting period shall be 60 calendar days.
Rwanda
The Republic of Rwanda declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
San Marino
The Republic of San Marino declares that it will apply Article XI, Alternative A, in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be 60 calendar days.
Senegal
The Republic of Senegal declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be of thirty (30) calendar days.
Sierra Leone
General opt-in declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceedings
The Republic of Sierra Leone declares that it will apply Article XI, alternative A in its entirety to all types of insolvency proceedings and the waiting period for the purposes of Article XI(3) of the alternative shall be thirty (30) calendar days.
Singapore
Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
Singapore declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.
South Africa
The Republic of South Africa declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.
Tajikistan
Form No. 23 (Declaration under Article XXX (3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
The Republic of Tajikistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period shall be sixty (60) calendar days.
Togo
Declaration pursuant to Article XXX-3
The Togolese Republic declares that it will apply Alternative A of Article XI of the Protocol in its entirety. It will applied in the context of insolvency proceedings and the waiting period for the purposes of Article XI(3) shall not exceed thirty (30) working days.
Türkiye
(iii) Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
The Republic of Turkey declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
Uganda
Declaration under Article XXX (3)
Pursuant to Article XXX(3), the Republic of Uganda shall apply Alternative B.
That the Republic of Uganda shall consider the Notice Period under Article XXX(3) to be 30 (thirty) days.
[This declaration, deposited on 11 October 2024, will enter into force on 1 February 2025]
Ukraine
Pursuant to Article XXX(3) of the Protocol Ukraine declares that it shall apply the Alternative A of Article XI of the Protocol in general to all insolvency proceedings and that the “waiting period” for the purposes of the Alternative A of Article XI of the Protocol shall be no later than 60 calendar days.
United Arab Emirates
Form No. 23 (General declaration under Article XXX(3) in respect of Article XI providing for the application of Alternative A in its entirety to all types of insolvency proceeding)
The United Arab Emirates declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and all other insolvency-related events and that waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
United Kingdom
At the time of ratification – Pursuant to Article XXX(3) of the Protocol, the Government of the United Kingdom of Great Britain and Northern Ireland declares that Alternative A under Article XI of the Protocol shall apply to the Cayman Islands and the Island of Guernsey with a waiting period of 60 days.
As from 1 January 2018, by virtue of a subsequent declaration, the Government of the United Kingdom of Great Britain and Northern Ireland declares, pursuant to Article XXX(3) of the Protocol, that, Bermuda shall apply Article XI, Alternative A of the Protocol in its entirety to all types of all insolvency proceedings ant that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
United Republic of Tanzania
The United Republic of Tanzania declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceedings and that the waiting period for the purposes of Article XI(3) of that Alternative shall be thirty (30) calendar days.
[This declaration was notified to UNIDROIT by the United Republic of Tanzania, as a subsequent declaration pursuant to Article XXXIII(1) of the Aircraft Protocol, on 24 June 2009, and in accordance with Article XXXIII(2) of the Aircraft Protocol it took effect on 1 January 2010.]
Uzbekistan
Pursuant to paragraph 3 of Article XXX of the Protocol, the Republic of Uzbekistan declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of paragraph 3 of Article XI shall be sixty (60) calendar days.
Viet Nam
The Socialist Republic of Viet Nam declares that it will apply Article XI, Alternative A in its entirety to all types of insolvency proceeding and that the waiting period for the purposes of Article XI(3) of that Alternative shall be sixty (60) calendar days.
*
* *
STATES GIVING EFFECT TO ARTICLE XI BY DOMESTIC LEGISLATION
The declarations made by the European Union under the Aircraft Protocol, together with the regulations referred to in those declarations, affect the capacity of EU Member States to make declarations under Article XXX(3) of the Aircraft Protocol, concerning Article XI of the said Protocol. European Member States, however, may amend their national law so as to result in the same substantive outcomes as if a declaration had been made under Article XXX(3).
Such information as provided by Contracting States to the Depositary is also indicated herein. However, the Depositary wishes to clarify that it has not independently confirmed its accuracy and is merely sharing the information as received from Contracting States.
The following States have lodged an information with the Depositary giving effect to Article XI of the Aircraft Protocol by domestic legislation:
Ireland
https://www.irishstatutebook.ie/eli/2017/si/187/made/en/print
On 25 September 2017, Ireland made available to UNIDROIT the following information about the laws and policies relating to the matters covered by the Convention and Aircraft Protocol
2. (1) The Aircraft Protocol shall have force of law in the State as provided for under section 4 of the International Interests in Mobile Equipment (Cape Town Convention) Act 2005 (No. 15 of 2005) as if the entirety of Alternative A in Article XI of the Aircraft Protocol were in force as respects the State and applied to insolvency proceedings.
(2) The waiting period required under Article XI of the Protocol is 60 days.
Malta
On 1 October 2010, Malta made available to UNIDROIT the following information about the laws and policies relating to the matters covered by the Convention and Aircraft Protocol:
1. The Government of Malta has implemented the Cape Town Convention and its Aircraft Protocol by virtue of the First Schedule to the Aircraft Registration Act, 2010, Chapter 503 of the Laws of Malta (the “Act”).
2. In particular, it is noted that the Act has implemented Article X of the Aircraft Protocol, at article 20 of the First Schedule to the Act, and has implemented Article XI of the Aircraft Protocol (Alternative A), at article 23 of the First Schedule to the Act. The latter article sets out a waiting period of thirty (30) calendar days.
United Kingdom
https://www.legislation.gov.uk/uksi/2015/912/contents/made
At the time of ratification, the United Kindgdom made available to UNIDROIT the following information:
The United Kingdom of Great Britain and Northern Ireland and Gibraltar are implementing Alternative A of Article XI of the Aircraft Protocol through domestic legislation. The waiting period, as set out under the relevant legislation, shall be 60 (sixty) days.
Professor Iacopo Donati is the UNIDROIT/Bank of Italy Chair Holder and is mainly responsible for assisting in the Bank Insolvency project. He is Professor of Corporate and Insolvency Law at the University of Siena, and coordinates the research project ‘Pro.Re.Ba.’ (Proportionating rules on bank crisis prevention and management to the case of retail banks), which has received funding from the Italian Ministry of University. He has previously taught corporate law at the University of Venice ‘Ca’ Foscari’, at the University of Florence and at the University of Rome ‘Tor Vergata’.
Professor Donati is the author of several publications on corporate law, restructuring, insolvency law, and bank crisis management. On the same topics, he has been invited as a speaker to various international and national conferences and participated in some high-impact international, European, and national research projects. Professor Donati’s education includes a Ph.D. in Corporate Law (University of Rome ‘La Sapienza’), an LLM in Corporate Governance (Stanford Law School), and a Law Degree with honors (University of Florence). He is qualified as an attorney in Italy and in the State of New York (USA).
Ms Olga Fonotova is an Associate Professor of the Faculty of Law (Department of Legal Regulation of Business) at the Russian National Research University “Higher School of Economics” in Moscow. She holds a PhD degree cum laude in private law / private international law from the Lomonosov Moscow State University (2006). Her academic and teaching interests cover private international law, international and national commercial law, with a focus on unified and non-state legal regulation of cross-border commerce.
Olga is a Russian law qualified practicing lawyer in the sphere of national and international commercial and corporate law with 20+ years’ experience in leading law firms. As part of her legal practice, she has advised multinational corporations on the setting up of multi-jurisdictional commercial relations, on the formation / termination of international joint ventures, restructuring of assets, and financing / refinancing of projects. For her work on commercial and corporate legal matters she was included in the international rating of leading lawyers “The Best Lawyers® in Russia” (2018 – 2022).
She is a UNIDROIT alumna (2011) and a Correspondent of UNIDROIT in Russia (2023 – 2025). From 2016 to 2021 Olga was a member of the ICC Commission on Commercial Law and Practice (ICC CLP) and a member of the Association of European Business (AEB) in Moscow.
Allan M. Mukuki, PhD Candidate (Navarra, Spain), LLM (Groningen, Netherlands), PGDip (KSL), LLB (Hons) (UoN), ACIArb (London), Advocate of the High Court of Kenya.
Allan Mukuki is an Advocate of the High Court of Kenya as well as a Commissioner for Oaths. He is presently a PhD Candidate at the University of Navarra in Spain. He is also a holder of an LL.M in International Law and the Law of International Organizations, from the University of Groningen in the Netherlands. He has an LL. B (Hons) from the University of Nairobi, he is a Member of the Cha
rtered Institute of Arbitrators (London). He further holds a post-graduate diploma in law from the Kenya School of Law. Allan is also a scholar from the Hague Academy of International Law.
Some of his many roles in the legal profession include Director of International Partnerships; a Doctoral Fellow; member of the Management Committee and moot court coordinator, all for Strathmore Law School; Research Fellow for the African Region (Kenya), for the European Research Council Grant Project on the interpretation of customary international law; and Acting Director for the Strathmore Institute of Advanced Studies in International Criminal Justice (SIASIC)
Allan has previously worked at A.F Gross Advocate; in various legal institutes; in governmental agencies and in the Judiciary of Kenya. He was also a Legal researcher in the Office of the Solicitor General, Kenya, for the Maritime Delimitation in the Indian Ocean (Somalia v. Kenya), a case that was before the International Court of Justice. His main areas of specialization include Public International Law, The Law of International Organizations, International Humanitarian Law, International and Regional (EAC) Refugee Law and Legal Policy Development.
Further, Allan has been involved in various national and international legal consultancies and projects; he has published several peer reviewed legal articles, a legal monograph and presented several legal papers in international conferences around the world. He has also developed several policy documents for Strathmore University as well as (currently operational) manuals and laws for the operation of the Judiciary as well as governmental agencies and regional agencies such as IGAD.
ANDREA SANTACOLOMA
Director
PROFESSIONAL PRACTICE
Andrea Santacoloma is a Panamanian lawyer that focuses her practice on international commercial arbitration.
Prior to joining Adell & Merizalde, Andrea was the Deputy Director for Latin America of the ICC International Court of Arbitration for 5 years. In this role, she gained vast experience in the internal functioning of the ICC’s Secretariat and Court and saw first-hand the work of hundreds of arbitrators and ICC Court Members in the region. Andrea was also in charge of identifying new opportunities and potential users of the ICC Dispute Resolution Services (ICC DRS) in Latin America, in liaison with the ICC National Committees and other institutions in the region. She also worked as a lawyer advising local and international clients on business and corporate law and M&A in 3 Panamanian law firms.
She is currently the Executive Director of the Latin American Arbitration Association (ALARB), one of Latin America’s leading associations gathering practitioners and arbitrators, which seeks to encourage the use of arbitration and foster initiatives for the development of international arbitration in the region.
In July 2022, the G
overning Council of the International Institute for the Unification of Private Law (UNIDROIT) appointed Andrea as a Correspondent for Latin America. Namely, Andrea was appointed as a Correspondent for the Republic of Panama for the period 2022-2025.
EDUCATION
• American University Washington College of Law, LL.M. in International Arbitration and Business Law
• International Training Centre of the International Labor Organization (ILO) jointly with the United Nations Commission on International Trade Law (UNCITRAL), Università degli Studi di Torino, and University Institute of European Studies (IUSE), LL.M. in International Trade Law & Dispute Resolution
• Universidad Católica Santa María La Antigua, LL.M. in Corporate Law
• Universidad Católica Santa María La Antigua, Degree in Law and Political Science
• Centro de Estudios Regionales de Panamá, Diploma in Entrepreneurship and Management of Small and Medium Enterprises
Bar admissions
Republic of Panama
Languages
Spanish, English, Italian (intermediate)
asantacoloma@adellmerizalde.com
+507 370 4155
NAME: PROF. DR. HERNANY VEYTIA (LL.M. YALE)
AFFILIATION DIRECTOR BNM-CAMBRIDGE STUDY CENTRE ON SUSTAINABLE INVESTMENTS
PRESENTATION
Professor of law, international strategic consultant, arbitrator, and entrepreneur. Hernany Veytia is very comfortable with complex, high-profile and confidential transactions. Her consulting experience as partner of BNM and Deloitte enables her to focus on and add value to the sustainable and commercial aspects of each deal. Frequently she leads transdisciplinary teams to deliver fact findings and legal opinions, feasibility studies and turn-key projects for banks, governments, international organisations, and corporations willing to expand or withdraw operations in other jurisdictions.
In Prof Veytia’s experience UNIDROIT works have been very useful to understand not only the foreign law, but also to recognise the cultural, political, and economic factors at play, and the way national and international regulators operate-and cooperate. In her opinion, UNIDROIT instruments have been of utmost importance for the legal strategies she designed for:
• DANPREIT (Dispute Analytics Platform for Real Estate Investment Trusts in the Agriculture, Construction and Mining industries).
• TELEKAIROS, innovative methodology that incorporates the use of space assets.
• Corporate art collections, restitutions, including donations, sponsorships, and loans to museums.
• Contracts used by a German waterworks company willing to grow in all the Caribbean and Central American countries.
• Liquidation of commercial and investment banks
• IPOs and reverse mergers for companies in the extraction industries (Canadian stock exchange), ILS listed in Bermuda and African sovereign funds listed in London.
• Franchising and other commercial contracts in the food & drinks, health, aero-space, and automotive industries.
In the last three decades Prof. Veytia has lived, and successfully completed investments and disinvestments in more than forty countries in the five Continents. She is frequently appointed as arbitrator and invited as speaker on risk transfers at international industry conferences in fields of her expertise: energy (both renewable and traditional), artificial intelligence, infrastructure, mining, real estate, agriculture, rail, space, automotive, and franchising. She sits in the board of directors of companies in Europe including the United Kingdom.
Anna Veneziano is the Deputy Secretary General of the International Institute for the Unification of Private Law (UNIDROIT). She is a Professor of Comparative Law at the University of Teramo, Italy, where she was formerly the Director of the Department of Private Law. She has also formerly been a tenured Professor of European Property Law at the University of Amsterdam (UvA). Her education includes a Law Degree with honours from the University of Rome La Sapienza, an LL.M degree from the Yale Law School funded by a Fulbright scholarship, and a PhD degree from the University of Florence (Italy).
Her main research and publication areas are on secured transactions as well as international, comparative, and European contract and sales law. Before joining UNIDROIT she was a member of the Italian delegation with respect to the Cape Town Convention on International Interests on Mobile Equipment and its Aircraft Protocol as well as its Space Protocol. She was also a member of the Study Group on a European Civil Code and of the Compilation and Redaction Group on a Draft Common Frame of Reference on European Private Law (DCFR), and of the restricted Expert Group set up by the European Commission on a common European law on sales.
P
rofessor Ignacio Tirado was appointed Secretary-General by the Governing Council at its 97th session, and officially took office on 27 August 2018. A national of Spain, Professor Tirado (Commercial, Corporate and Insolvency Law, Universidad Autónoma of Madrid, Spain) holds a PhD from the Universities of Bologna and Autónoma de Madrid and an LLM from the University of London. Professor Tirado has been a Senior Legal Consultant at the World Bank’s Legal Vice-Presidency and Financial Sector Practice for more than nine years, having also consulted for the IMF on insolvency related matters as well as for the Asian Development Bank on commercial legal reform.
Amongst other accolades to his professional experience, Professor Tirado is a founding member of the European Banking Institute, an International Fellow of the American College of Bankruptcy and has been Director and Academic Co-Chair of the International Insolvency Institute.
A Swedish national, Ms Lena Peters grew up in Italy where she attended an English school. In 1978 she took her Juris Kandidatexamen at Stockholm University followed by a Master of Laws from King’s College, London (1979). Since 1985 she has been with UNIDROIT, first as Research Officer, lastly as Principal Legal Officer, her main duties being Secretary to the Working Group for the Preparation of Principles of International Commercial Contracts, Secretary to the Study Group on Franchising, Secretary to the Committee of Governmental Experts on Franchising.She also collaborated on the project for the preparation of the ELI-Unidroit Model European Rules of Civil Procedure. She is currently Managing Editor of the Uniform Law Review and responsible for publications at UNIDROIT.
Marina Schneider is Principal Legal Officer and Treaty Depositary at UNIDROIT. She studied law at the University of Strasbourg (France) and Paris I – Panthéon Sorbonne. She joined the UNIDROIT in 1987 and was involved in the elaboration and French versions of most UNIDROIT instruments since. She is in charge of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and of the UNESCO-UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects. She is the author of the Explanatory Report of the 1995 Convention and many articles on the Convention and other international instruments in the field. Ms Schneider is also responsible for the project on private collections and for the UNIDROIT Convention Academic Project (UCAP). She is member of the Board of the International Society for Research on Art and Cultural Heritage Law (ISCHAL).
Professor of Commercial Law, Carlos III University of Madrid. Currently, Sir Roy Goode Scholar at UNIDROIT, Rome, 2021-2022. Chair of Excellence 2017-2018 at University of Oxford (Uc3m- Santander Program), affiliated to Harris Manchester College. Previously Distinguished Visiting Professor and fellow of a number of Academic Institutions. Arbitrator of Madrid Court of Arbitration. Member of ELI (European Law Institute) Council and Executive Committee. Member of the Expert Group of the European Commission on Liability and New Technologies and member of the Expert Group of the European Observatory of Platform Economy; the International Academy of Commercial and Consumer Law; the expert group of the Inclusive Global Legal Innovation Platform for Online Dispute Resolution – UNCITRAL and Hong Kong Department of Justice. Expert of the UNIDROIT Study Group on the MAC Protocol of the Cape Town Convention on International Interests. Delegate of Spain to UNIDROIT for the adoption of the Protocol, delegate of Spain in Working Group VI of UNCITRAL on secured transactions and in Working Group IV on Electronic Commerce. Member of UNIDROIT Working Groups on Enforcement and Warehouse Receipts.
William Brydie-Watson is an Australian lawyer who specialises in secured transactions law and private international law. Before joining UNIDROIT, William was a government lawyer in the Private International Law and International Arbitration section of the Australian Attorney-General’s Department, where he worked primarily on treaty negotiation and the implementation of private international law treaties in Australia. At UNIDROIT, he is primarily responsible for the implementation of the Mining, Agriculture and Construction (MAC Protocol) to the 2001 Cape Town Convention on International Interests in Mobile Equipment and the development of a Model Law on Factoring. William also serves as UNIDROIT’s liaison with the Asia Pacific Economic Cooperation (APEC) forum and as manager of the Institute’s Scholarship and Internship Programme. Admitted to practice in New South Wales and the High Court of Australia, he has a Bachelor of Arts (honours), a Bachelor of Laws and a Master of Laws from the Australian National University. William also lectures on International Secured Transactions Law at the Eotvos Lorand Faculty of Law in Budapest.
