Afghanistan
The Islamic Republic of Afghanistan declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and
(b) liens or other rights of a state entity relating to taxes or other unpaid charges –
shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Angola
The Republic of Angola declares that the following categories of non-consensual right or interest:
a. Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and
b. Liens or other rights of a state entity relating to taxes or other unpaid charges
Shall be registered under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Bahrain
(iii) Form No. 6 (Declaration under Article 40)
The Kingdom of Bahrain declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;
(b) liens to other rights of the Government of the Kingdom of Bahrain relating to taxes of other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and
(c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention
Shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.
Bangladesh
The People’s Republic of Bangladesh declares that the following categories of non-consensual rights or interest shall be registerable under the Convention as regards any category of aircraft objects as if the right or interest were an international interest and shall be regulated accordingly, namely
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and
(b) liens or other rights of an authority of Bangladesh relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and
(c) liens in favour or airline employees for unpaid wages arising prior to the time declared default by that airline under a contract to finance or lease an aircraft object;
Cameroon
The Republic of Cameroon declares that the following non-consensual rights or interests:
(a) the rights flowing from the arrest of an aircraft object in partial or complete performance of a judgment;
(b) the right enjoyed by a State entity under fiscal liens or by reason of other unpaid dues of any kind (which are not the subject of the declaration made under Article 39(1)(a) of the Convention; and
(c) any other category of non-consensual right or interest which is not the subject of the declaration made under Article 39(1)(a) of the Convention,
shall be registrable in the International Registry as if these rights or interests were international interests and shall be regulated accordingly.
Cape Verde
Form No. 6 (Declaration under Article 40)
The Republic of Cape Verde declares that the following non-consensual rights or interests:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, and
(b) liens or other rights of a state entity relating to taxes or other unpaid charges
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
China
2. Declaration under Article 40 of the Convention: Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement shall be registrable non-consensual rights or interests.
Congo
The Republic of Congo declares that the following non-consensual rights or interests:
(a) the rights flowing from the arrest of an aircraft object in partial or complete performance of a judgment;
(b) the right enjoyed by a State entity under fiscal liens or by reason of other unpaid dues of any kind (which are not the subject of the declaration made under Article 39(1)(a) of the Convention; and
(c) any other category of non-consensual right or interest which is not the subject of the declaration made under Article 39(1)(a) of the Convention,
shall be registrable in the International Registry as if these rights or interests were international interests and shall be regulated accordingly.
Côte d’Ivoire
Article 40
The Republic of Côte d’Ivoire declares that the following non-consensual rights or interests:
(a) rights arising from the seizure of the aircraft in partial or complete satisfaction of a court order;
(b) liens or other rights of a State entity relating to taxes or other unpaid charges (which are not subject to the declaration made under Article 39(1)(a) of the Convention); and,
c) any other category of non-consensual rights or interests that are not subject to the declaration made under Article 39(1)(a) of the Convention and which are capable of being registered in the International Registry as if they were an international interest and capable of being treated as such;
shall be registrable under the Convention in respect of any category of aircraft object as if the right or interest was an international interest and shall be regulated accordingly.
[This declaration was notified to UNIDROIT by the Government of the Republic of Côte d’Ivoire as subsequent declaration pursuant to Article 57(1) of the Convention, on 12 June 2019, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 January 2020.]
Cyprus
Article 40
The Republic of Cyprus declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;
(b) liens or other rights of the Government of the Republic of Cyprus relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention);
(c) liens or other rights of the Government of the Republic of Cyprus relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, and arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object;
(d) notifications of bankruptcy orders when the bankruptcy estate includes objects covered by the Convention in order to protect the rights of the bankruptcy estate and
(e) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention
shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.
Democratic Republic of the Congo
Article 40
The Democratic Republic of the Congo declares that any non-consensual rights or interests arising from the arrest of the aircraft object in partial or full satisfaction of a legal judgment, shall be registrable under the Convention as if these rights or interests were international interests, and shall be regulated accordingly.
Denmark
Pursuant to Article 40 of the Convention the Kingdom of Denmark declares that the following categories of non-consensual rights or interests shall be registrable under the Convention as if the right or interest were an international interest and shall be regulated accordingly:
1. Rights stemming from a court order permitting attachment of an object covered by the Convention in partial or full satisfaction or of a legal judgment; and
2. Notifications of bankruptcy orders when the bankruptcy estate includes objects covered by the Convention in order to protect the rights of the bankruptcy estate.
With regard to the declarations made by the Kingdom of Denmark pursuant to Articles 40 and 54(2) of the Convention, 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 Article 57(1) of the Convention, on 13 March 2024, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2024.]
Ethiopia
Registrable non-consensual right under Article 40 of the Convention:
Iceland
Declaration under Article 40
Iceland declares that for purposes of Article 40 of the Convention a non-consensual right or interest arising under Icelandic law in which an object is subject to attachment or seizure (including provisionally), shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
India
(iii) Form No. 6 (Declaration under Article 40)
The following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly, namely:-
(a) liens in favour of airline employees for unpaid wages arising prior to the time of a declared default by that airline under a contract to finance or lease an aircraft object;
(b) liens or other rights of an authority of India relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and
(c) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.
Indonesia
Indonesia declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:
a. liens in favour of airline employee for unpaid wages arising prior to the time of a declared default under a contract to finance or lease aircraft object;
b. liens or other right of an authority of Indonesia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object, and arising prior to the time of a declared default under a contract to finance or lease that aircraft object; and
c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement.
Kazakhstan
Form No. 6 (Declaration under Article 40)
The Republic of Kazakhstan declares that the following categories of non-consensual right or interest:
c) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, which entered into force;
d) lines or other rights of a state entity relating to ensure payment of a tax debt or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39 (1) (a) of the Convention); and
e) any other non-consensual right or interest which is not covered by the declaration under Article 39 (1) (a) of the Convention,
shall be registrable under the Convention as regards any category of objects as if the right or interest were an international interest and shall be regulated accordingly.
[This declaration was notified to UNIDROIT by the Republic of Kazakhstan, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 16 November 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2013.
See text of the previous declaration below.
[On 15 March 2011 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of this subsequent declaration. In accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 October 2011.
On 16 November 2012 the Republic of Kazakhstan notified UNIDROIT, pursuant to Article 58(1) of the Convention, of the withdrawal of its subsequent declaration made on 15 March 2011. The withdrawal took effect on 1 June 2013.
Form No. 6 (Declaration under Article 40)
The Republic of Kazakhstan declares that the following categories of non-consensual right or interest:
c) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;
d) liens or other rights of a state entity relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39 (1) (a) of the Convention); and
e) any other non-consensual right or interest which is not covered by the declaration under Article 39 (1) (a) of the Convention,
shall be register able under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.]
Kenya
Kenya declares that the following category of non-consensual right or interest; rights of judgment creditors;
shall be registerable under the convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Kuwait
Declaration under Article 40
The State of Kuwait declares that the following categories of non-consensual right or interest:
a) Rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;
b) Liens or other rights of the Government of the State of Kuwait relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and
c) Any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention
shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.
[This declaration was notified to UNIDROIT by the Government of the State of Kuwait as subsequent declaration pursuant to Article 57(1) of the Convention, on 10 March 2022, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 October 2022.]
Kyrgyzstan
Declaration under Article 40 of the Convention
The Kyrgyz Republic declares that the following categories of non-contractual rights or guarantees:
1) the right of a person who has received a judicial act providing for the arrest of an aviation object for the purpose of full or partial execution of a court decision that has entered into force;
2) to right to seize property and other rights of state bodies to secure payment of tax arrears and any other payments that are not included in the application under article 39, paragraph 1(a) of the Convention;
3) any other non-contractual rights or guarantees not included in the Declaration under article 39, paragraph 1(a) of the Convention are subject to registration under the Convention for any category of objects, as if such rights or guarantees were international guarantees, and should be treated as international guarantees.
Latvia
Article 40
In accordance with Article 40 of the Convention on International Interests in Mobile Equipment, done at Cape Town on 16 November 2001, *
The Republic of Latvia declares that the rights of the person for whose benefit a prohibition or pledge endorsement has been registered, according to the decision of the court or institution, in the aircraft register in respect of the specific aircraft shall be respectively regulated and registered according to the Convention in respect of aircraft objects.
[This declaration was notified to UNIDROIT by the Government of the Republic of Latvia as subsequent declaration pursuant to Article 57(1) of the Convention, on 18 February 2021, and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 September 2021.]
Madagascar
Form No. 6 (Declaration under Article 40)
The Republic of Madagascar declares that any non-consensual rights or interests arising from the arrest of the aircraft object in partial or full satisfaction of a legal judgment, shall be registrable under the Convention as if these rights or interests were international interests, and shall be regulated accordingly.
Malawi
Form No. 6 (Declaration under Article 40)
The Republic of Malawi declares that consensual rights or rights of judgment creditors are a category of non-consensual rights or interests and shall be registerable under the Convention as regards any category of object as if the rights or interests were an international interest and shall be regulated accordingly.
Malaysia
Malaysia declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:
a. liens in favour of airline employees for unpaid wages arising prior to the time of a declared default by that airline under a contract to finance or lease an aircraft object;
b. liens or other rights of an authority of Malaysia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, and arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and,
c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.
Malta
Pursuant to Article 40 of the Convention, it is declared that the following categories of non-consensual right or interest;
1. taxes, duties and/or levies due to the Government of Malta in respect of the aircraft; and
2. wages and expenses for assistance or recovery in respect of the aircraft,
shall be registrable under the Convention as regards aircraft objects as if the right or interest were an international interest and shall be regulated accordingly.
Mozambique
Form No. 6 (Declaration under Article 40)
The Republic of Mozambique declares that the categories of controversial rights or interests:
(a) Rights of a person that has obtained a judicial decision which allows for an annexation of an airplane object for total or partial satisfaction of a judicial ruling;
(b) Credits or other rights of a government entity related with taxes or other not paid duties
must be registered under the Convention with regard any of object, as if the right was an international right, and being governed accordingly.
Myanmar
(ii) Form No. 6 (Declaration under Article 40)
Myanmar declares that the following categories of non-consensual right or interest:
a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and
b) liens or others rights of a State entity relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and
c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Nigeria
The Federal Republic of Nigeria declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement;
(b) liens or other rights of a state entity relating to taxes or other unpaid charges;
(c) liens of a salvor for unpaid charges in respect of salvage services provided to an aircraft object when it is water borne;
(d) liens of a person providing towage services to an aircraft object when it is water borne in respect of unpaid charges and
(e) liens of a bailee of an aircraft object in respect of unpaid charges for the bailment of the said aircraft object,
shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
[This declaration was notified to UNIDROIT by the Federal Republic of Nigeria, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 March 2007, and in accordance with Article 57(2) of the Convention it took effect on 1 October 2007.]
Norway
Pursuant to Article 40 of the Convention Norway declares that the following categories of non-consensual right or interest:
a. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and
b. liens or other rights of a state entity relating to taxes or other unpaid charges
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Oman
The Sultanate of Oman declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment;
(b) liens in favor workers for unpaid wages arising prior to the time of a declared default under a contract to finance or lease the subject object;
(c) liens or other rights of a state entity relating to taxes or other unpaid charges prior to the time of a declared default under a contract to finance or lease the subject object;
(d) all other non consensual rights or interests which under the law of the Sultanate of Oman could have priority over the rights of secured creditors –
shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Pakistan
Pakistan declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and
(b) liens or other rights of a state entity relating to taxes or other unpaid charges of any type whatsoever (which is not a priority non-consensual right or interest)
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Qatar
Form No. 6 (declarations specified under Article 40):
The State of Qatar declares the following categories of non-consensual rights:
a) The right of a person holding a court order allowing the seizure of something belonging to an airplane in implementation of a court ruling.
b) The right to pensions for the benefit of employees when the pending salaries are not paid before the announcement of the breach of a contract to finance or lease the
subject of the right.
c) The right to seize equipment or other rights for a State entity related to taxes or unpaid fees prior to the date of the announcement of the breach of a contract for
financing or leasing the subject of the right.
d) All other non-consensual rights and guarantees related to un-satisfaction that, under the law of the State of Qatar, have priority over the rights of those with a guaranteed
It is registered under the agreement at the expense of categories of things as if it were an international guarantee and must be regulated accordingly.
Rwanda
The Republic of Rwanda declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and
(b) liens or other rights of a state entity relating to taxes or other unpaid charges of any type whatsoever (which is not covered by the declaration under Article 39(1)(a) of the Convention); and
(c) any other non-consensual right or interest which is not covered by the declaration under Article 39(1)(a) of the Convention –
shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
San Marino
Declarations under Article 40
Pursuant Article 40 of the Convention, the Republic of San Marino declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement; and
(b) liens in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Senegal
The Republic of Senegal declares that the following non-consensual rights or interests:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment, and
(b) liens or other rights of a state entity relating to taxes or other unpaid charges
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Sierra Leone
Opt-in declaration under Article 40
The Republic of Sierra Leone declares that consensual rights or rights of judgment creditors are a category of non-consensual rights or interests and shall be registerable under the Convention as regards any category of object as if the rights or interests were an international interest and shall be regulated accordingly.
South Africa
The Republic of South Africa declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and
(b) liens or other rights of a state entity relating to taxes or other unpaid charges-
shall be registerable under the Convention as regards any category of object as if the right or interest were an international interest and hall be regulated accordingly.
Spain: [Official translation; original version submitted in Spanish]
Declaration pursuant to Article 40:
The Kingdom of Spain declares that the following categories of non-consensual right or interest:
a) rights of a person obtaining court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment,
b) liens or other rights of a State entity relating to taxes or other unpaid charges
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
[On 27 November 2015, the Government of the Kingdom of Spain notified to UNIDROIT, pursuant to Article 57(1) of the Convention, of the making of a subsequent declaration and in accordance with Article 57(2) of the Convention, this subsequent declaration took effect on 1 June 2016.]
The original version of this declaration was submitted in Spanish
Sweden
Declaration under Article 40
The Kingdom of Sweden declares that for purposes of Article 40 of the Convention a non-consensual right or interest arising under Swedish law in which an object is subject to attachment or seizure (including provisionally), shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Togo
Article 40
The Togolese Republic declares that the following non-consensual rights or interests:
a) rights arising from the seizure of the aircraft in partial or complete satisfaction of a court order;
b) liens or other rights of a State entity relating to taxes or other unpaid charges (which are not subject to the declaration made under Article 39(1)(a) of the Convention); and,
c) any other category of non-consensual rights or interests that are not subject to the declaration made under Article 39(1)(a) of the Convention and which are capable of being registered in the International Registry as if they were an international interest and capable of being treated as such;
Shall be registrable under the Convention in respect of any category of aircraft object as if the right or interest was an international interest and shall be regulated accordingly.
[This declaration was notified to UNIDROIT by the Republic of Togo, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 26 September 2011, and in accordance with Article 57(2) of the Convention it took effect on 1 April 2012.]
Türkiye
iii) Form No. 6 (Declaration under Article 40)
The Republic of Turkey declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:
a. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment; and
b. liens or other rights of a state entity relating to taxes or other unpaid charges.
Uganda
Declaration pursuant to Article 40
The Republic of Uganda declares that the following category of non-consensual right or interest; rights of judgement creditors; shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
[This declaration, deposited on 11 October 2024, will enter into force on 1 February 2025]
United Arab Emirates
The United Arab Emirates declares that the following categories of non-consensual right or interest:
(a) rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgement;
(b) liens in favour of workers for unpaid wages arising prior to the time of a declared default under a contract to finance or lease the subject object;
(c) liens or other rights of a state entity relating to taxes or other unpaid charges arising (d) all other nonconsensual rights or interests which under the law of the United Arab Emirates could have priority over the rights of secured creditors –
shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
Viet Nam
The Socialist Republic of Viet Nam declares that the following non-consensual rights or interests: the right of a person who has obtained a court order to arrest or detain an aircraft object in partial or in full to satisfy a court’s judgment, and the right to arrest or detain an object or any other rights of any State entity under its national laws in relation to a payment of unpaid amounts of taxes or fees owed to it shall be registrable under the Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly.
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.
