Afghanistan
The Islamic Republic of Afghanistan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Albania
(2) Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with Albania’s law, without leave of the court.
Angola
The Republic of Angola declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Argentina
The Argentine Republic declares that any remedy available to the creditor under any provision of this Convention and the Protocol may be exercised only with leave of the court, except for the remedy provided for in Article XIII of the Protocol, which may be exercised without leave of the court.
The original version of this declaration was submitted in Spanish
Australia
The Government of Australia declares that, in accordance with Article 54(2), all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
Bahrain
The Kingdom of Bahrain declares that all remedies available to the creditor under the Convention or Protocol which are not expressed under the provisions thereof to require application to the court may be required exercised without court action and without leave of the court.
Bangladesh
The People’s Republic of Bangladesh declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Belarus
The Republic of Belarus declares that pursuant to paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment (hereinafter – Convention) any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Bhutan
The Kingdom of Bhutan declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
Brazil
The Federative Republic of Brazil declares that all remedies available to the creditor under any provision of this Convention and the Protocol may be exercised only with the authorization of the Judiciary, with the exception of the remedy provided for in Article XIII of the Protocol, which may be exercised without judicial authorization.
Burkina Faso
Burkina Faso declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
Cameroon
The Republic of Cameroon declares that the remedies available to the creditor under the Convention may be exercised without leave or any action of the court, except in the case of those remedies for which leave of the court is expressly required by the provisions of the said Convention.
Canada
The Government of Canada declares, in accordance with Article 54 of the Convention, that any remedy available to a creditor under any provision of the Convention, the exercise of which does not thereby require application to the court, may be exercised without leave of the court.
Cape Verde
The Republic of Cape Verde declares that any remedies available to the creditor under the convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
China
Declaration under Article 54(2) of the Convention: Any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised only with leave of the court of the PRC.
Colombia
In relation to Article 8 of the Convention, the remedies available to the creditor will be exercised only with leave of the court.
Congo
The Republic of Congo declares that the remedies available to the creditor under the Convention may be exercised without leave or any action of the court, except in the case of those remedies for which leave of the court is expressly required by the provisions of the said Convention.
Costa Rica
The Republic of Costa Rica declares that any remedy available to the creditor under any provision of this Convention and the Protocol which is not there expressed to require application to the court may be exercised only with leave of the court.
Côte d’Ivoire
The Republic of Côte d’Ivoire declares that the remedies available to the creditor under the Convention may be exercised without leave of the court except for the remedies which are expressed under the Convention to require application to the court.
[This declaration replaces a previous declaration made by the Government of Côte d’Ivoire on 10 December 2015 which had taken effect on 1 July 2016 under Article 54(2) of the Convention. It ceased to apply on 1 January 2020.
The Republic of Côte d’Ivoire declares that all remedies available to creditors under the Convention whose application, pursuant to the latter, is not subject to authorisation of the judiciary, may only be exercised following intervention of courts.]
Cuba
The Republic of Cuba, in accordance with Article 54, section 2 of the Agreement, declares that any resource at the disposition of the creditor, according to any of the stipulations of the Agreement, may be exercised solely with the authorization of the Tribunal.
Cyprus
Article 54(2)
The Republic of Cyprus declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
Democratic Republic of the Congo
The Democratic Republic of the Congo declares that the remedies available to the creditor under the Convention may be exercised without leave of the courts or tribunals unless the provisions of the Convention expressly requires the creditor to obtain such leave.
Denmark
Pursuant to Article 54(2) of the Convention the Kingdom of Denmark declares that any remedy available to the creditor under any provision of this Convention, which is not therein expressed to require application to the court, may be exercised without leave of the court.
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.]
Egypt
The Arab Republic of Egypt declares that, in accordance with paragraph 2 of Article 54 of the Convention, all compensations available to the creditor that are not included in this article and which require to apply to Court for such compensations shall be payable without obtaining court decision.
[This declaration was notified to UNIDROIT by the Government of the Arab Republic of Egypt, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 7 November 2019, and in accordance with Article 57(2) of the Convention it took effect on 1 June 2020.
A previous declaration (see below) by the Government of the Arab Republic of Egypt under Article 54(2) of the Convention was withdrawn by the Government of the Arab Republic of Egypt pursuant to Article 58(1) of the Convention, with the withdrawal taking effect from 1 June 2020:
In accordance with Article 54(2), the Arab Republic of Egypt declares that “the creditor may use any of the remedies available under any provision of this Convention only pursuant to a decision by the court, if there was no explicit text requiring application to the court”.]
The original version of this declaration was submitted in Arabic
Eswatini
Pursuant to Article 54(2) of the Convention the Kingdom of Swaziland declares that any remedy available to the creditor under any provision of the Convention which are not expressed under the relevant provision thereof to require application to Court may be exercised without leave of Court.
Ethiopia
Pursuant to Article 54(2) of the Convention, any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court, may be exercised without leave of the court.
Fiji
The Government of the Republic of Fiji declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
[This declaration was notified to UNIDROIT by the Republic of Fiji, as a subsequent declaration pursuant to Article 57(1) of the Convention, on 22 February 2012, and in accordance with Article 57(2) of the Convention it took effect on 1 September 2012.]
Gabon
The Gabonese Republic declares that pursuant to paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Ghana
Article 54(2)
The Republic of Ghana declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without the leave of the court.
Iceland
Declaration under Article 54(2)
Pursuant to Article 54(2) of the Convention, Iceland declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action unless the intervention of the court is expressly required by the provisions of the Cape Town Convention.
India
Any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Indonesia
Indonesia declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Iraq
B- A Declaration under paragraph (2) of Article 54 of the Convention
The Republic of Iraq declares that, all remedies available to the creditor under the Convention or the Protocol, which are not expressed under the provisions thereof to require application to the court, may be exercised without court action and without leave of the court.
Ireland
In accordance with subarticle 2 of Article 54 of the Cape Town Convention, it is declared that a creditor who wishes to exercise a remedy that is available to the creditor under a provision of that Convention is not required to make an application to the High Court for leave to exercise that remedy unless the provision expressly requires the creditor to make such an application.
Jordan
The Hashemite Kingdom of Jordan declares that all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provisions thereof to require application to the court may be exercised without leave of court action or other court action.
Kazakhstan
Form No 13. Mandatory declaration under Article 54(2)
The Republic of Kazakhstan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without a court order, judgment or any other judicial act.
[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
The Republic of Kazakhstan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and leave of the court or other court action.]
Kenya
Kenya declares that any remedies available to the creditor under the convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
Kyrgyzstan
Declaration under Article 54, paragraph 2 of the Convention
The Kyrgyz Republic declares that any method of protection of rights available to the creditor in accordance with any of the provisions of the Convention and not clearly defined in it as a method of protection of rights that should be applied to the court, can be applied without a court order, decision or any other judicial act.
Kuwait
The State of Kuwait declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised only with leave of the court.
Latvia
In accordance with paragraph 2 of Article 54 of the Convention on International Interests in Mobile Equipment (hereinafter – Convention) the Republic of Latvia declares that any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised without court order and without leave of the court.
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 54(2) of the Convention, the Grand-Duchy of Luxembourg declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action, unless the intervention of the court is expressly required by the provisions of the Cape Town Convention;
Madagascar
The Republic of Madagascar declares that the remedies available to the creditor under the Convention may be exercised without leave of the court or tribunal unless the provisions of the Convention expressly requires the creditor to obtain such leave.
Malawi
The Republic of Malawi declares that any remedies available to a creditor under the Convention which are not expressed under the relevant provision thereof to require application to court, may be exercised without leave of the court.
Malaysia
Malaysia declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Malta
Pursuant to subarticle 2 of Article 54 of the Convention, it is declared that all remedies available to the creditor under the Convention or Protocol which are not expressed under the provision thereof to require application to the court, may be exercised without leave of the court or other court action.
Mexico
Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court shall not be exercised, in accordance with the United Mexican States law, without leave of the court.
Mongolia
Mongolia declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Mozambique
The Republic of Mozambique declares that any clearing measure available to the creditor, under the terms of the Convention, in relation to which a judicial petition is not required, can be enforced without resorting to court or without a need of any judicial authorization.
Myanmar
Myanmar declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court or other court action.
Namibia
Pursuant to Article 54(2) of the Convention, the Republic of Namibia declares that all remedies available to the creditor under the Convention or the related Protocol which are not expressed under the relevant provision thereof to require leave of the court, may be exercised with leave of the court.
Netherlands
Pursuant to Article 54, paragraph 2, of the Convention, the Kingdom of the Netherlands declares:
All remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with the law of the Netherlands Antilles and the law of Aruba, without the leave of the court.
New Zealand
New Zealand declares, in accordance with Article 54(2), that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
Niger
The Republic of Niger declares that any remedy available to the creditor under any provision of the Convention which are not expressed under the relevant provision thereof to require application to Court may be exercised without court action and without leave of the court.
Nigeria
The Federal Republic of Nigeria declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
[This declaration was notified to UNIDROIT by the Government of 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.
A previous declaration (see below) by the Government of the Federal Republic of Nigeria under Article 54(2) was withdrawn by the Government of the Federal Republic of Nigeria pursuant to Article 58(1) of the Convention. The withdrawal took effect from 1 December 2007.
“Pursuant to Article 54(2) of the Convention, any remedy available to the Creditor under any provision of the Convention which is not there expressed to require application to the Court, may be exercised without leave of the court.”]
Norway
Pursuant to Article 54(2) of the Convention, Norway declares that any remedies available to the creditor under the Convention may be exercised without court intervention or action, unless the intervention of the court is expressly required by the provisions of the Cape Town Convention.
Oman
The Sultanate of Oman declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Pakistan
Pakistan declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Panama
Pursuant to Article 54(2) of the Convention, any remedies available to the creditor under any provision of the Convention and the Protocol which are not there expressed to require application to the court may be exercised without leave of the court.
Paraguay
The Republic of Paraguay declares that all remedies available to the creditor under any provision of this Convention and the Protocol may be exercised only with the authorization of the Judiciary (Paraguayan legal system), with the exception of the remedy provided for in Article XIII of the Protocol, which may be exercised without judicial authorization.
Qatar
Form No. 13 (declarations under Article 54(2):
The State of Qatar declares that any remedies available to a creditor under the agreement, unless its provision expressly stipulates that an application must be made to the court, may be made without a lawsuit and without court permission.
Republic de Moldova
Pursuant to Article 54(2) of the Convention on International Interests in Mobile Equipment, the Republic of Moldova declares that remedy available to the creditor under this Convention, the implementation of which is not there expressed to require application to the court, may be exercised only with leave of the court.
Romania
In accordance with the provisions of Article 54 paragraph 2 of the Convention, Romania declares that remedy available to the creditor, which is not there expressed to require application to the court, may be exercised only with leave of the court of the Romanian State.
Russian Federation
Pursuant to paragraph 2 of Article 54, the Russian Federation declares that any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the court may be exercised without application to the courts.
Rwanda
The Republic of Rwanda declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court or other court action.
San Marino
Pursuant Article 54(2) of the Convention, the Republic of San Marino declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court or other court action.
Saudi Arabia
The Government of the Kingdom of Saudi Arabia declares that: all remedies available to the creditor under any provision of the Convention shall be exercised only with leave of the Court if there is no express provision requiring the submission of an application to the Court.
The original version of this declaration was submitted in Arabic
Senegal
The Republic of Senegal declares that the remedies available to the creditor under the Convention may be exercised without leave of the court except for the remedies which are expressed under the Convention to require application to the court.
Sierra Leone
The Republic of Sierra Leone declares that any remedies available to a creditor under the Convention which are not expressed under the relevant provision thereof to require application to court may be exercised without leave of the court.
Singapore
Singapore declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
South Africa
The Republic of South Africa declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Spain
Pursuant to article 54.2 of the Convention, Spain declares that all remedies available to the creditor under the provisions of the Convention, the exercise of which is not subordinated by virtue of such provisions to a petition to the court, may be exercised only with leave of the court.
Sweden
Mandatory declaration under Article 54(2) applicable to all relevant remedies
The Kingdom of Sweden declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Tajikistan
The Republic of Tajikistan declares in accordance with Article 54(2) of the Convention that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
Togo
Article 54–2
The Togolese Republic declares that the remedies available to the creditor under the Convention may be exercised without leave of the court except for the remedies which are expressed under the Convention to require application to the court.
[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
The Republic of Turkey declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised, without court action and without leave of the court.
Uganda
Declaration pursuant to Article 54(2)
The Republic of Uganda declares that all remedies available to the creditor under the Convention, which are not expressed under the relevant provision thereof to require application to the court may be exercised only with the leave of the court.
[This declaration, deposited on 11 October 2024, will enter into force on 1 February 2025]
Ukraine
Any remedy available to the creditor under any provision of this Convention which is not there expressed to require application to court may be exercised without leave of court.
United Arab Emirates
The United Arab Emirates declares that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised only with leave of the court.
United Kingdom
At the time of ratification – Pursuant to Article 54(2) of the Convention, the Government of the United Kingdom of Great Britain and Northern Ireland declares that any remedy available to the creditor in the United Kingdom of Great Britain and Northern Ireland or the territory of Gibraltar, the Cayman Islands or the Island of Guernsey under any provision of the Convention which is not there expressed to require application to the court may be exercised without the leave of the court.
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 Articles 52(4) and 54(2) of the Convention, that, all remedies available to the creditor under any provision of the Convention which are not expressed to require application to the court may be exercised without leave of the court.
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 Articles 52(4) and 54(2) of the Convention, that, any remedy available to the creditor in the Isle of Man under any provision of the Convention which is not there expressed to require application to the court may be exercised without the leave of the court.
United Republic of Tanzania
The United Republic of Tanzania does hereby declare that any remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without leave of the court.
United States of America
Pursuant to Article 54 of the Convention, all remedies available to the creditor under the Convention or Protocol which are not expressed under the relevant provision thereof to require application to the court may be exercised, in accordance with United States law, without leave of the court.
Uzbekistan
Pursuant to paragraph 2 of Article 54 of the Convention, the Republic of Uzbekistan declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.
Viet Nam
The Socialist Republic of Viet Nam declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and leave of the court.
Zambia
Declaration under Article 54(2)
The Republic of Zambia declares that Pursuant to Article 54(2) of the Convention, any remedy available to the creditor under any provision of the Convention which is not there expressed to require application to the Court, may be exercised without leave of the Court.
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.
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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.
