Substantive Rules regarding Intermediated Securities
Documents issued in connection with this project
(Study Group, Committee of Governmental Experts, Informal Working Groups, Diplomatic Conference )
Diplomatic Conference to adopt a Convention on Substantive Rules regarding Intermediated Securities, Final session (Geneva, 5-9 October 2009)
Conference documents
Diplomatic Conference to adopt a Convention on Substantive Rules regarding Intermediated Securities, First session (Geneva, 1-12 September 2008)
Conference documents
Post-sessional informal Working Groups
UNIDROIT 2008 – Study LXXVIII – Doc. 115 (Informal Working Group on Insolvency-related Issues – Questions and Observation in respect of the paper of the Chairman (Doc. 97) (submitted by UNCITRAL))
UNIDROIT 2008 – Study LXXVIII – Doc. 114 (Informal Working Group on Article 14 of the draft Convention – Response to the questionnaire concerning acquisition by an innocent person (submitted by the Greek delegation))
UNIDROIT 2008 – Study LXXVIII – Doc. 113 (Informal Working Group on Insolvency-related Issues – Comments on the Paper of the Chairman (Doc. 97) (submitted by the delegation of the United States of America))
UNIDROIT 2008 – Study LXXVIII – Doc. 112 (Informal Working Group on Article 14 of the draft Convention – Comments on the Preliminary Note and response to the questionnaire concerning acquisition by an innocent person (Doc. 96) (submitted by the delegation of the United States of America))
UNIDROIT 2008 – Study LXXVIII – Doc. 111 (Informal Working Group on Insolvency-related )Issues – Comments on the Paper of the Chairman (Doc. 97) (submitted by the delegation of Denmark))
UNIDROIT 2008 – Study LXXVIII – Doc. 110 (Informal Working Group on Insolvency-related Issues – Comments on the Paper of the Chairman (Doc. 97) (submitted by the delegation of Portugal))
UNIDROIT 2008 – Study LXXVIII – Doc. 109 (Informal Working Group on Article 14 of the draft Convention – Response to the questionnaire concerning acquisition by an innocent person (submitted by the delegation of Brazil))
UNIDROIT 2008 – Study LXXVIII – Doc. 108 (Informal Working Group on Insolvency-related Issues – Comments on the Paper of the Chairman (Doc. 97) (submitted by the delegation of Australia))
UNIDROIT 2008 – Study LXXVIII – Doc. 107 Rev. (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning acquisition by an innocent person (submitted by the delegation of France))
UNIDROIT 2008 – Study LXXVIII – Doc. 106 (Informal Working Group on Article 14 of the draft Convention – Response to the questionnaire concerning acquisition by an innocent person (submitted by the delegation of the United Kingdom))
UNIDROIT 2008 – Study LXXVIII – Doc. 105 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning acquisition by an innocent person (submitted by the Swiss delegation))
UNIDROIT 2007 – Study LXXVIII – Doc. 104 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning acquisition by an innocent person (submitted by the European Commission))
UNIDROIT 2007 – Study LXXVIII – Doc. 103 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning acquisition by an innocent person (submitted by the Danish delegation))
UNIDROIT 2007 – Study LXXVIII – Doc. 102 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning acquisition by an innocent person (submitted by the Finnish delegation))
UNIDROIT 2007 – Study LXXVIII – Doc. 101 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning acquisition by an innocent person (submitted by the delegation of South Africa))
UNIDROIT 2007 – Study LXXVIII – Doc. 100 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning acquisition by an innocent person (submitted by the Australian delegation))
UNIDROIT 2007 – Study LXXVIII – Doc. 99 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning “good faith acquisition” (submitted by the Czech delegation))
UNIDROIT 2007 – Study LXXVIII – Doc. 98 (Informal Working Group on Article 14 of the draft Convention – Comments on the questionnaire concerning “good faith acquisition” (submitted by the German delegation))
UNIDROIT 2007 – Study LXXVIII – Doc. 97 (Informal Working Group on Insolvency-related Issues – Paper (prepared by the Chairman of the informal Working Group))
UNIDROIT 2007 – Study LXXVIII – Doc. 96 (Informal Working Group on Article 14 of the draft Convention – Preliminary Note (prepared by the Chairman of the informal Working Group))
The 4th session of the Committee of Governmental Experts for the Preparation of a draft Convention on Substantive Rules regarding Intermediated Securities was held from 21 to 25 May 2007. The documents considered during this session, the Report on the session and the new text of the preliminary draft Convention are available below.
UNIDROIT 2007 – Study LXXVIII – Doc. 95 (Report of the UNIDROIT Committee of Governmental Experts for the preparation of a draft Convention on Substantive Rules regarding Intermediated Securities, on its fourth session, held in Rome, 21-25 May 2007)
UNIDROIT 2007 – Study LXXVIII – Doc. 94 (Preliminary draft Convention on Substantive Rules regarding Intermediated Securities, as adopted by the Committee of Governmental Experts at its fourth session, held in Rome, 21-25 May 2007)
UNIDROIT 2007 – Study LXXVIII – Doc. 93 (Comments submitted by the Government of Italy)
UNIDROIT 2007 – Study LXXVIII – Doc. 92 (Comments submitted by the Delegation of the Czech Republic)
UNIDROIT 2007 – Study LXXVIII – Doc. 91 (Comments submitted by the Delegation of the United States of America)
UNIDROIT 2007 – Study LXXVIII – Doc. 90 (Comments submitted by the Delegation of Austria)
UNIDROIT 2007 – Study LXXVIII – Doc. 89 (Comments submitted by the Government of the United Kingdom)
UNIDROIT 2007 – Study LXXVIII – Doc. 88 (Report of the Transparent Systems Working Group)
UNIDROIT 2007 – Study LXXVIII – Doc. 87 (Observations on Transitional Rules submitted by the Delegation of the Republic of Korea)
UNIDROIT 2007 – Study LXXVIII – Doc. 86 (Comments submitted by the Government of France)
UNIDROIT 2007 – Study LXXVIII – Doc. 85 (Comments of the Delegation of Brazil on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 84 (Report on transitional rules)
UNIDROIT 2007 – Study LXXVIII – Doc. 83 (Comments submitted by the Delegation of the United States of America)
UNIDROIT 2007 – Study LXXVIII – Doc. 82 (Comments submitted by the Government of Poland)
UNIDROIT 2007 – Study LXXVIII – Doc. 81 (Comments of Maltese representative on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 80 (Comments submitted by the Government of the Republic of Turkey)
UNIDROIT 2007 – Study LXXVIII – Doc. 79 (Comments submitted by the Government of the Republic of Latvia)
UNIDROIT 2007 – Study LXXVIII – Doc. 78 (Comments of the Delegation of Argentina on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 77 (Comments of the Delegation of Greece on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 76 (Comments submitted by the European Banking Federation)
UNIDROIT 2007 – Study LXXVIII – Doc. 75 (Comments submitted by the Delegation of Denmark)
UNIDROIT 2007 – Study LXXVIII – Doc. 74 (Observations on Innocent Acquisition and Immunity, submitted by the Delegation of the United States of America)
UNIDROIT 2007 – Study LXXVIII – Doc. 73 (Observations on Transitional Rules submitted by the Delegation of the Czech Republic)
UNIDROIT 2007 – Study LXXVIII – Doc. 72 (Comments submitted by the International Swaps and Derivatives Association, Inc., ISDA)
UNIDROIT 2007 – Study LXXVIII – Doc. 71 (Comments of the Delegation of South Africa on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 70 (Report of the Transparent Systems Working Group. Draft prepared by the Chair of the Working Group)
UNIDROIT 2007 – Study LXXVIII – Doc. 69 (Observations on Transitional Rules submitted by the Delegation of Finland)
UNIDROIT 2007 – Study LXXVIII – Doc. 68 (Observations on Transition Provisions submitted by the Delegation of the United States of America)
UNIDROIT 2007 – Study LXXVIII – Doc. 67 (Comments of the Swiss Delegation on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 66 (Comments of the French Delegation on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 65 (Comments of the People’s Republic of China representative on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 64 (Comments of the United Kingdom representative on the draft Working Paper on Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 63 (The Greek Holding System. Synoptic presentation submitted by the Government of Greece)
UNIDROIT 2007 – Study LXXVIII – Doc. 62 (Comments of the Brazilian Delegation to the Working Group on so called Transparent Systems)
UNIDROIT 2007 – Study LXXVIII – Doc. 61 (Examination of the draft Convention vis-à-vis the Czech Legal Order)
UNIDROIT 2007 – Study LXXVIII – Doc. 60 (Working paper regarding “Transparent Systems”)
UNIDROIT 2007 – Study LXXVIII – Doc. 59 (Working paper on transitional rules prepared by the Swiss Delegation)
The 3rd session of the Committee of Governmental Experts for the Preparation of a draft Convention on Substantive Rules regarding Intermediated Securities was held from 6 to 15 November 2006. The documents considered during this session as well as the Report on the session are available below.
UNIDROIT 2007 – Study LXXVIII – Doc. 58 (Report of the UNIDROIT Committee of Governmental Experts for the preparation of a draft Convention on Substantive Rules regarding Intermediated Securities, on its third session, held in Rome, 6-15 November 2006)
UNIDROIT 2006 – Study LXXVIII – Doc. 57 (Preliminary draft Convention on Substantive Rules Regarding Intermediated Securities, as adopted by the Committee of Governmental Experts at its third session, held in Rome, 6-15 November 2006)
UNIDROIT 2006 – Study LXXVIII – Doc. 56 (a)-(f) (Comments by the Government of the Federative Republic of Brazil)
UNIDROIT 2006 – Study LXXVIII – Doc. 55 (Comments by the Government of Poland)
UNIDROIT 2006 – Study LXXVIII / Etude LXXVIII – Doc. 54 (Comments by the Government of France / Observations du Gouvernement de la France)
UNIDROIT 2006 – Study LXXVIII – Doc. 53 (Comments by the Government of the Republic of Korea)
UNIDROIT 2006 – Study LXXVIII – Doc. 52 (Comments by the Government of the Russian Federation)
UNIDROIT 2006 – Study LXXVIII – Doc. 51 (Comments by the Association of Global Custodians, AGC)
UNIDROIT 2006 – Study LXXVIII – Doc. 50 (Comments by the Government of the Republic of Latvia)
UNIDROIT 2006 – Study LXXVIII – Doc. 49 (b) (Comments by the Government of Switzerland. Observations on the scope of application of Articles 5 and 6)
UNIDROIT 2006 – Study LXXVIII – Doc. 49 (Comments by the Government of Switzerland. Note on the need for a transition rule)
UNIDROIT 2006 – Study LXXVIII – Doc. 48 (Comments by the CCP12)
UNIDROIT 2006 – Study LXXVIII – Doc. 47 (Comments by the International Swaps & Derivatives Association, Inc., ISDA)
UNIDROIT 2006 – Study LXXVIII – Doc. 46 (Comments by the Government of Germany)
UNIDROIT 2006 – Study LXXVIII – Doc. 45 (a) – (h) (Comments by the Government of the United States of America)
UNIDROIT 2007 – Study LXXVIII – Doc. 44 Add. (Supplementary Working Paper regarding so-called “Transparent Systems”)
UNIDROIT 2006 – Study LXXVIII – Doc. 44 (Working paper regarding so-called “Transparent Systems”)
The 2nd session of the Committee of Governmental Experts for the Preparation of a draft Convention on Substantive Rules regarding Intermediated Securities was held from 6 to 14 March 2006. The documents considered during this session as well as the Report on the session are available below.
UNIDROIT 2006 – Study LXXVIII – Doc. 43 (Report of the UNIDROIT Committee of Governmental Experts for the preparation of a draft Convention on Substantive Rules Regarding Intermediated Securities on its second session, held in Rome from 6 to 14 March 2006)
UNIDROIT 2006 – Study LXXVIII – Doc. 42 (Preliminary draft Convention on Substantive Rules regarding Intermediated Securities, as adopted by the Committee of Experts at its second session, held in Rome, 6-14 March 2006)
UNIDROIT 2006 – Study LXXVIII – Doc. 41 (Comments by the Federative Republic of Brazil)
UNIDROIT 2006 – Study LXXVIII – Doc. 40 (Comments by the European Banking Federation)
UNIDROIT 2006 – Study LXXVIII – Doc. 39 (Comments by the Government of the United States)
UNIDROIT 2006 – Study LXXVIII – Doc. 38 (Comments by the Government of Argentina)
UNIDROIT 2006 – Study LXXVIII – Doc. 37 (Comments by ISDA)
UNIDROIT 2006 – Study LXXVIII – Doc. 36 (Comments by the Government of the United States)
UNIDROIT 2006 – Study LXXVIII – Doc. 35 (Comments by the Government of the United States)
UNIDROIT 2006 – Study LXXVIII – Doc. 34 (Comments by the Government of France)
UNIDROIT 2006 – Study LXXVIII – Doc. 33 rev. (Comments by the Government of the Russian Federation)
UNIDROIT 2006 – Study LXXVIII – Doc. 32 (Comments by the Government of Germany)
UNIDROIT 2006 – Study LXXVIII – Doc. 31 (Comments by the Commission of the European Communities)
UNIDROIT 2006 – Study LXXVIII – Doc. 30 (Comments by the CCP12)
UNIDROIT 2006 – Study LXXVIII – Doc. 29 (Comments by the Government of the United States of America)
UNIDROIT 2006 – Study LXXVIII – Doc. 28 (Comments by the Government of Japan)
UNIDROIT 2006 – Study LXXVIII – Doc. 27 (Comments by the Government of Malta)
UNIDROIT 2006 – Study LXXVIII – Doc. 26 (Report of Ad Hoc Working Group on Legislative Techniques or the Implementation of the preliminary Draft Convention on Harmonised Substnative Rules regarding Intermediated Securities)
UNIDROIT 2006 – Study LXXVIII – Doc. 25 (Report of an ad hoc Working Group on Art 19.1 of the preliminary draft Convention on Harmonised Substantive Rules regarding Intermediated Securities)
The 1st session of the Committee of Governmental Experts for the Preparation of a draft Convention on Substantive Rules regarding Intermediated Securities was held from 9 to 20 May 2005. The documents considered during this session and the Report on the session are available below as well as the preparatory work leading up to the session.
UNIDROIT 2005 – Study LXXVIII – Doc. 24 (Preliminary draft Convention, May/June 2005)
UNIDROIT 2005 – Study LXXVIII – Doc. 23 rev. (Report on the 1st CGE session, revised August 2005)
UNIDROIT 2005 – Study LXXVIII – Doc. 22 (Comments submitted by Tunisia)
UNIDROIT 2005 – Study LXXVIII – Doc. 21 (Comments submitted by Germany and the USA)
UNIDROIT 2005 – Study LXXVIII – Doc. 20 (Comments submitted by Finland and Spain, ISDA and FBE)
UNIDROIT 2004 – Study LXXVIII – Doc. 19 (Explanatory Notes to the Preliminary Draft Convention, December 2004)
UNIDROIT 2004 – Study LXXVIII – Doc. 18 (Preliminary Draft Convention, November 2004)
UNIDROIT 2004 – Study LXXVIII – Doc. 17 (Preliminary Draft Convention on Harmonised Substantive Rules regarding Securities held with an Intermediary) (document circulated only within the Study Group)
UNIDROIT 2004 – Study LXXVIII – Doc. 16 Add. 1 (Comments on the Preliminary Draft Convention. Addendum 1)
UNIDROIT 2004 – Study LXXVIII – Doc. 16 (Comments on the Preliminary Draft Convention)
UNIDROIT 2004 – Study LXXVIII – Doc. 15 (Proposal with respect to Chapters IV, V of the Preliminary Draft Convention)
UNIDROIT 2004 – Study LXXVIII – Doc. 14 (Summary Report on the 4th session of the Restricted Study Group on Item 1 of the Project, 24-27 March 2003)
UNIDROIT 2004 – Study LXXVIII – Doc. 13 (Preliminary Draft Convention, April 2004)
UNIDROIT 2004 – Study LXXVIII – Doc. 12 (International UNIDROIT Seminar, November 2003, English only)
UNIDROIT 2003 – Study LXXVIII – Doc. 11 (Summary Report on the 3rdsession of the Restricted Study Group on Item 1 of the Project, 13-16 November 2003)
UNIDROIT 2003 – Study LXXVIII – Doc. 10 (Comments on the position paper August 2003) [limited distribution]
UNIDROIT 2003 – Study LXXVIII – Doc. 9 (Securities holding and dispositions in United Kingdom, France, Switzerland – Summaries) [limited distribution]
UNIDROIT 2003 – Study LXXVIII – Doc. 8 (UNIDROIT Study Group on Harmonised Substantive Rules Regarding Indirectly Held Securities. Position Paper, August 2003, English only)
UNIDROIT 2003 – Study LXXVIII – Doc. 7 (Summary Report on the 2ndsession of the Restricted Study Group on Item 1 of the Project, 12-14 March 2003)
UNIDROIT 2003 – Study LXXVIII – Doc. 6 (Proposal relating to future work) [limited distribution]
UNIDROIT 2002 – Study LXXVIII – Doc. 5 (Summary Report on the 1stsession of the Restricted Study Group on Item 1 of the Project, 9-13 September 2002)
UNIDROIT 2002 – Study LXXVIII – Doc. 4 [limited distribution]
UNIDROIT 2002 – Study LXXVIII – Doc. 3 [limited distribution]
UNIDROIT 2003 – Study LXXVIII – Doc. 2 [never issued]
UNIDROIT 2002 – Study LXXVIII – Doc. 1 (Scope of the Project: Harmonised Substantive Rules for the Use of Securities held with Intermediaries as Collateral)
Seminars:
UNIDROIT 2006 – Study LXXVIII – SEM. 3 (UNIDROIT Seminar on Intermediated Securities – Paris, France, 31 January -1st February 2006)
UNIDROIT 2005 – Study LXXVIII – SEM. 2 (UNIDROIT Seminar on Intermediated Securities – São Paulo, Brazil, 13-14 October 2005
UNIDROIT 2005 – Study LXXVIII – SEM. 1 (UNIDROIT Seminar on Intermediated Securities – Bern, Switzerland, 15-17 September 2005)
Global overview:
Uniform Law Review, 2005 1/2 Special Issue on Intermediated Securities [ order form ]
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.
