McGill.CA / Institute of Air & Space Law / Conferences and Events / Past Conferences / 2010 ICAO Sustainability / Annual McGill Conference on International Aviation Liability, Insurance and Finance / 12th Annual McGill Conference on International Aviation Liability, Insurance & Finance (2019)

Programme

A PDF version of the programme is available for download.

Biographies of the speakers and moderators are available here.

The slides of the speaker (if available) are viewable by clicking the hyperlink.

 

Friday 18 October 2019

  1. Recent Developments in Air Carrier Passenger Liability
  2. Liability of Airports, ANSPs and Maintenance Providers
  3. Update on Products Liability Cases and a Case Study on Major Accident Litigation: Plaintiff and Defendant Strategies
  4. Global Regulatory Update – Are Governments building a "Cathedral" of Air Transport Regulation
  5. Receiving, Managing and Settling Pre-Litigation and Litigation Aerospace Insurance Claims: Trends for the Future, Learning From the Past
  6. Reflections on the 20th Anniversary of the Montreal Convention--A Blue Ribbon Panel

Saturday 19 October 2019

  1. Recent Developments in Air Carrier Cargo Liability
  2. "Yelp-ifying" the Cape Town Convention after 15 years in Force
  3. Update on Current and Future Issues from Key National and International Air Transport Organisations
  4. Liability Issues Arising from Drone Disruption of Air Travel
  5. A Conversation among In-House Counsel
  6. A Conversation among Rising Aviation Legal Professionals (in cooperation with the Canadian Bar Association)

 

FRIDAY 18 OCTOBER 2019

07.30-08.30

REGISTRATION

08.30-09.30

RECENT DEVELOPMENTS IN AIR CARRIER PASSENGER LIABILITY

  • Comparative analysis of recent Warsaw and Montreal Convention jurisprudence
  • Applicability of the EU Regulation 261/2004 to non-EU carriers, and update on the
    “extraordinary circumstances” defence
  • Recent aviation disaster litigation, including Lion Air and Ethiopian Airlines Boeing 737 MAX crashes and groundings
  • Damage awards, and their influence on forum shopping
  • Jurisdictional issues: venue; place where the contract was made; fifth jurisdiction under Montreal 99; treaty and personal jurisdiction; exclusive cause of action; forum non conveniens; removal to Federal court
  • Criminalisation, and its impact on civil liability and insurance
  • The challenges of achieving global uniformity

CHAIR:

Paul Stephen Dempsey (Institute of Air and Space Law, McGill University – Montreal, Canada)

PANEL MEMBERS:

Brian J. Alexander (Kreindler & Kreindler – New York, New York, USA)

Peter Neenan (Stewarts – London, UK)

Judy Nemsick (Holland & Knight – New York, New York, USA)

Mark K. Schwartz (Driggers, Schultz & Herbst – Troy, Michigan, USA)

09.30-10.00

REFRESHMENT BREAK

10.00-11.00

LIABILITY OF AIRPORTS, ANSPs, AND MAINTENANCE PROVIDERS

  • Liability of airports for passenger injury
  • Contractual liability of the airport operator
  • Challenges facing the modern airport and airport services providers (e.g., increased air traffic; construction, redevelopment and modernization of facilities; modernisation of ATC; cybersecurity; airport security; passenger screening; environmental concerns; regulatory issues; real estate issues; financing issues)
  • Liability of maintenance providers

 

CHAIR:

Alan Reitzfeld (Retired Senior Partner, Holland & Knight LLP – New York, New York, USA)

PANEL MEMBERS:

Sylvain Choinière (Aéroports de Montréal – Dorval, Canada)

Laura Pierallini (Studio Pierallini – Rome, Italy)

Racquel Reinstein (Port Authority of New York and New Jersey – New York, New York, USA)

Jenny Urban (CLEAR – New York, New York, USA)

11.00-12.30

UPDATE ON PRODUCTS LIABILITY CASES AND A CASE STUDY ON MAJOR ACCIDENT LITIGATION: PLAINTIFF AND DEFENDANT STRATEGIES

  • Assessing the Lion Air and Ethiopian Airlines airplane accidents
  • Suits in the Northern District of Illinois; forum non conveniens
  • Government/CAA liability?
  • Crisis management
  • Effect of social media on regulatory oversight/certification
  • International reciprocity of certification
  • Solicitation of families –“code of conduct” issues
  • Use of delegated authority and the FTCA defence
  • Aircraft engines and component parts
  • Military accidents, state aircraft issues
  • European perspectives (including state aircraft issues)

CO-CHAIRS:

Robert Clifford (Clifford Law Firm – Chicago, Illinois, USA)

Kenneth P. Quinn (Baker McKenzie – Washington, D.C., USA)

 

PANEL MEMBERS:

Catherine Chaput (Gasco Goodhue St-German – Montreal, Canada)

Clay Hunter (Paterson MacDougall LLP – Toronto, Canada)

Justin Green (Kriendler & Kreindler – New York, New York, USA)

Urban Olson (Advokatfirman Urban Olson – Stockholm, Sweden)

Darryl Pankratz (Alexander Holburn Beaudin & Lang – Vancouver, Canada)

Robin Squires (Borden Ladner Gervais LLP – Toronto, Canada)

Diane Westwood Wilson (LeClairRyan – New York, New York, USA)

12.30-14.00

LUNCH

KEYNOTE SPEAKER:
James P. Kreindler (Partner, Kreindler & Kreindler LLP, New York)
"9/11: The Greatest Untold Story"

14.00-15.00

GLOBAL REGULATORY UPDATE – ARE GOVERNMENTS BUILDING A “CATHEDRAL” OF AIR TRANSPORT REGULATION?

  • What is the proper scope of consumer protection?
  • Using EU Regulation 261 in other jurisdictions including class actions
  • Deciphering the new Canadian regulations – and the IATA-led lawsuit challenge
  • Prospects for reform of EU 261 and other national regimes
  • Patchwork nature of data protection regulations
  • Growing international oversight of safety and security
  • What does the litigation scene look like?

CHAIR:

Brian F. Havel (Institute of Air and Space Law, McGill University – Montreal, Canada)

PANEL MEMBERS:

Louisa-Ann Lange (Arnecke Sibeth Dabelstein – Frankfurt, Germany)

Andrew W. Macdonald (Bersenas Jacobsen – Toronto, Canada)

Catherine Pawluch (DLA Piper (Canada) LLP – Canada)

Charles E. Schlumberger (The World Bank – Washington, D.C., USA)

Christopher Smith (The Air Law Firm – London, UK)

 

15.00-16.00

RECEIVING, MANAGING AND SETTLING PRE-LITIGATION AND LITIGATION AEROSPACE INSURANCE CLAIMS: TRENDS FOR THE FUTURE, LEARNING FROM THE PAST

  • Preparing and managing aerospace claims at the pre-litigation and litigation stages – the plaintiff’s perspective: current trends
  • Receiving and managing aerospace claims at the pre-litigation stages – the defendant’s perspective: current trends
  • Mediation and dispute resolution both at the outset of a claim and after the lawsuit is filed:

current trends

  • Effective execution and finalisation of settlements reached at meditation and requirements for minor’s settlements
  • The mediation process and how effective resolution of aerospace claims is reached in Latin America (with emphasis on Brazil): trends and difficulties

CHAIR:

Patricia Barlow (Barlow Law – San Francisco, California, USA)

PANEL MEMBERS:

Luiz Eduardo Arena Alvarez (Arena Alvarez Advogados – São Paulo, Brazil)

Sharon Holahan (Global Aerospace, Inc. – Parsippany, New Jersey, USA)

Christopher Knight (Fowler White Burnett – Miami, Florida, USA)

Steven C. Marks (Podhurst Orseck – Miami, Florida, USA)

Brian Poston (MacKenzie Fujisawa LLP – Vancouver, Canada)

16.00-16.30

REFRESHMENT BREAK

16.30-18.00

REFLECTIONS ON THE 20TH ANNIVERSARY OF THE MONTREAL CONVENTION – A BLUE RIBBON PANEL

  • Impact of MC99 on aviation litigation worldwide
  • Impact of MC99 on aviation insurance worldwide
  • MC99 and EU Regulation 261: a clash of principles
  • Assessment of recent MC99 litigation and what it portends
  • Will MC99 eventually eliminate the Warsaw Convention?

CHAIR:

Ludwig J. Weber (Institute of Air and Space Law, McGill University & ICAO – Montreal, Canada)

PANEL MEMBERS:

Alexander Batalov (Member of the ICAO Air Navigation Commission; Alternate Representative of the Russian Federation, ICAO Council – Montreal, Canada)

Sean Gates (Gates Aviation Ltd. – London, UK; former Legal Adviser to the International Union of Aviation Insurers)

Andrew J. Harakas (Clyde & Co. – New York, New York, USA)

Jiefang Huang (ICAO – Montreal, Canada)

18.00-21.00

GALA RECEPTION /DANCE

Dance to the classic rock music performed by The Flying Outlaws, comprised of the following international aviation lawyers:

Paul Stephen Dempsey – Golden, Colorado, USA

Steven Marks – Miami, Florida, USA

Urban Olson – Stockholm, Sweden

Alan Reitzfeld – New York, New York, USA

SATURDAY 19 OCTOBER 2019

08.30-09.30

RECENT DEVELOPMENTS IN AIR CARRIER CARGO LIABILITY

  • Issues arising from the underwriters at Lloyds v. Expeditors Korea case in the United States
  • Issues of uniformity in multimodal transport
  • New IATA/FIATA (International Federation of Freight Forwarders Associations) agreement and implications for freight forwarders
  • Proposals for amending the cargo provisions of the Montreal Convention

CHAIR:

Georgios Leloudas (Swansea University – Swansea, Wales, UK)

PANEL MEMBERS:

Barry S. Alexander (Schnader Harrison Segal & Lewis LLP – New York, New York, USA)

Holger Bürskens (Arnecke Sibeth Dabelstein – Frankfurt, Germany)

Michael Dery (Alexander Holburn – Toronto, Canada)

slides on Air Cargo Liability

09.30-10.30

“YELP-IFYING” THE CAPE TOWN CONVENTION AFTER 15 YEARS IN FORCE

  • Is the Cape Town Convention delivering on its promise of cheaper aircraft financing?
  • New uses for Cape Town discount eligibility outside export credit financing
  • Aviation Working Group monitoring of compliance with Cape Town – who are they and are there parallels with ICAO safety and security scoring?
  • The Cape Town Convention Academic Project – should airlines be concerned with open access online reports of administrative and non-judicial remedies against them?
  • Ranking of jurisdictions generally, e.g. Pillsbury Aircraft Repossession Index, and overlap with the Cape Town Convention Academic Project – is it Zagat versus Yelp?
  • Discussion on recent replacements for aircraft export credit financing

CHAIR:

Donal Hanley (Institute of Air and Space Law, McGill University – Montreal, Canada)

PANEL MEMBERS:

Louis Emery (Export–Import Bank of the United States– Washington, D.C., USA)*

Jason MacIntyre (Blakes, Cassels & Graydon LLP – Toronto, Canada)

Carlos Sierra (Abogados Sierra – Mexico City, Mexico); former Chair, Legal Advisory Panel, Aviation Working Group

Lisa Valentovish (Morgan Lewis – New York, New York, USA)

Panel slides on Yelp-ifying the Capte Town Convention

10.30-11.00

REFRESHMENT BREAK

11.00-12.00

UPDATES ON CURRENT AND FUTURE ISSUES FROM KEY NATIONAL AND INTERNATIONAL AIR TRANSPORT ORGANISATIONS

  • What are the current legal and policy issues – including the issues being raised in this Conference – that are on the minds and agendas of four key national and international air transport organisations?

CHAIR:

Leslie Lugo (Assistant General Counsel, IATA – Montreal, Canada)

PANEL MEMBERS:

Daniel-Robert Gooch (President, Canadian Airports Council – Ottawa, Canada)

David T. Lloyd (UK Representative to ICAO – Montreal, Canada)

David M. Semanchik (Air Line Pilots Association – Washington, D.C., USA)

Carlos Tornero (Deputy General Counsel, IATA – Montreal, Canada)

12.00-13.00

LIABILITY ISSUES ARISING FROM DRONE DISRUPTION OF AIR TRAVEL

  • Changes in regulations for both commercial and recreational operators for US/Canada/EU
  • Drone safety at airports and heliports
  • The use of UAVs over international waters
  • Privacy compliance and management following UAV data collection
  • UAV IoT operations and associated risks (for example at interconnected airports, disaster relief)
  • UAVs and cybersecurity
  • Insurance coverage and contract issues for customers considering adopting their own UAV technology or engaging a third-party UAV provider

CHAIR:

Katherine Ayre (Borden Ladner Gervais – Montreal & Toronto, Canada)

PANEL MEMBERS:

Jean-Michel Fobe (Sybarius – Brussels, Belgium)

Anna Masutti (LS LexJus Sinacta – Bologna & Milan, Italy; University of Bologna – Bologna, Italy)

Kathryn A. McCulloch (Dentons – Toronto, Canada)

Ehsan T. Monfared (YYZlaw – Toronto, Canada)

 

13.00-14.30

LUNCH

KEYNOTE SPEAKER:

Sean Gates (Gates Aviation Ltd. – London, UK; former Legal Adviser to the International Union of Aviation Insurers)

" Major Aviation Liability Claims--Changes through the Years and a Glimpse into the Future"

14.30-15.30

A CONVERSATION AMONG IN-HOUSE COUNSEL

  • Four leading in-house counsel offer their perspectives on the issues that concern them most in their current professional setting, focusing in particular on the issues raised in this Conference including settlement strategies and discovery compliance

CHAIR:

Brian F. Havel (Institute of Air and Space Law, McGill University – Montreal, Canada))

 

PANEL MEMBERS:

Nicolas Drolet (Air Canada – Montreal, Canada)

Joan Gabel (Air France – New York, New York, USA)

Fernando Garcia (Cargojet, Inc. – Mississauga, Ontario, Canada)

Senarath D. Liyanage (Etihad Airways – Abu Dhabi, UAE)

 

15.30-16.30

A CONVERSATION AMONG RISING AVIATION LEGAL PROFESSIONALS (IN COOPERATION WITH THE CANADIAN BAR ASSOCIATION)

  • The future of aviation
  • Air transport regulations
  • Aircraft financing
  • Space law and its current prospects for private practice
  • Career prospects of next generation aviation professionals

CHAIR:

Prithviraj Sharma (ICAO – Montreal, Canada)

PANEL MEMBERS:

René David-Cooper (Transportation Safety Board – Gatineau, Canada)

Philippine Dumoulin (Norton Rose Fulbright – Washington, D.C., USA)

Ayman Idlbi (CAE Inc.– Montreal, Canada)

Ermanno Napolitano (McGill University- Montreal, Canada)

Aleksandra Puscinska (Clyde & Co. – London, UK)

 

16.30-18.00

CLOSING REMARKS AND FAREWELL RECEPTION

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