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Institute of Commercial and Corporate Law

Delegate Biographies

Professor Stephanie Ben-Ishai

Professor Stephanie Ben-Ishai, a full professor at Osgoode Hall Law school in Toronto, is a devoted teacher, lawyer and internationally recognized expert on commercial law. For the last 15 years she has taught contract, commercial and bankruptcy law in multiple formats to undergraduate and graduate law students and lawyers from across the globe. Her research has been continuously funded by the Social Sciences and Humanities Research Council and other major Canadian and international funding agencies. Professor Ben-Ishai has a high degree of business acumen that she is able to blend with her academic expertise. She is successfully able to draw on her unique blend of skills on behalf of vulnerable groups, lawyers and law reform initiatives and bring this practical experience back to the classroom. Her publications include six books and fifty refereed articles in national and international journals, as well as numerous reports commissioned by governmental and non-governmental agencies. Her scholarship not only contributes to theoretical inquiry and practical solutions but also to public policy debate and law reform. Every level of Canadian court has cited Professor Ben-Ishai’s research and she has been recognized as an expert by Ontario, Quebec, and American courts.

UNTRICAL Model Law comes of age

Academy Paper 2018

Professor Susan Block-Lieb

Susan is Professor at Fordham Law School, where she holds the Cooper Family Chair in Urban Legal Studies. She specializes in personal bankruptcy, corporate reorganization and financial restructuring, secured transactions and commercial laws more generally, including international and transnational law and lawmaking in this context. She has written extensively on unification, harmonization and modernization of international private law by international organizations, on global governance by the G20, IMF, World Bank and UN, on sovereign debt restructuring and more generally on transnational legal orders. Together with Terence C. Halliday, she is author of Global Lawmakers: International Organizations in the Crafting of World Markets (Cambridge Univ. Press 2017), an intensive study of global lawmaking by the UN Commission on International Trade Law. She has consulted for the International Monetary Fund, served as a reporter and observer at World Bank task forces on insolvency and secured transactions law reform initiatives, and has been a delegate from the American Bar Association to UNCITRAL’s Insolvency Working Group for more than 15 years.

Global Lawmakers: International Organisations in the Crafting of World Markets

Professor Michael Bridge QC (Hon)

Michael Bridge QC (Hon), FBA is a Bencher of the Middle Temple. He is an Emeritus Professor at the London School of Economics, having held the Cassel Chair in Commercial Law until his retirement in 2017. He retains a fractional professorship at the National University of Singapore. Prior to his appointment at the London School of Economics, he was the Professor of Commercial Law and Executive Dean of the Faculty of Laws UCL, before that Hind Professor of Commercial Law at the University of Nottingham and Head of Department, and before that again Professor of Law at McGill University Montreal. His research interest lie in the fields of contract, comparative law, commercial law, personal property law, domestic and international sale of goods, conflict of laws, insolvency, and credit and security. He has edited and written numerous books dealing with all of these subjects as well as many articles and book chapters. He has participated in the work of the Lando Commission and the Draft Common Frame of Reference and is the Chair of the CISG Advisory Council.

Risk, Property and Bulk Goods in International Sales

Abstract

Professor Tony Duggan

Tony Duggan holds the Hon. Frank H. Iacobucci Chair in the Faculty of Law at the University of Toronto and is a Professorial Fellow at the Melbourne Law School and a senior research fellow at the Commercial Law Centre and Harris Manchester College, Oxford University. He was Associate Dean of the University of Toronto Faculty of Law from 2002-2004. His main teaching and research interests are secured transactions (PPSA), bankruptcy and insolvency law and equity and trusts. He won the Mewett Teaching Award at the University of Toronto in 2009-2010, 2010-2011 and 2013-2014. Recent PPSA-related books include: Australian Personal Property Securities Law (2nd ed., Lexis Nexis Australia, 2015) (with David Brown) and Anthony Duggan, Secured Transactions in Personal Property: Cases, Text and Materials (7th ed. 2018, Emond Montgomery, Toronto). Professor Duggan is Editor-in-Chief of the Canadian Business Law Journal, is a member of the American Law Institute and is a past President of the International Academy of Commercial and Consumer Law.

Recent Development in Australian PPSA Case Law

Dr. Benjamin Geva

Dr. Benjamin Geva is a Professor of Law at Osgoode Hall Law School in Toronto. He specializes in commercial, financial and banking law, particularly in payment and credit instruments, fund transfers, electronic banking, central banking, and the regulation of the payment system. He obtained his LLB (cum laude) at the Hebrew University of Jerusalem (1970) and his LLM and SJD at Harvard, and was admitted to the Ontario Bar in 1982. He has been on the Osgoode faculty since 1977. He practised with Blake, Cassels and Graydon in Toronto and is now counsel with Torys where he is a member of the Payments and Cards Practice Group.

The Substantive Reach of the URVCBA: Crytical Analysis

Conference Paper

Professor Louise Gullifer QC (Hon)

Professor Louise Gullifer QC (hon) is Professor of Commercial Law at the University of Oxford and was elected to a Fellowship at Harris Manchester College in 2000. She holds one of the temporary chairs of the Business and Law Research Centre, International Commercial Law, at Radboud University, Nijmegen. She is the director of the Commercial Law Centre at Harris Manchester College and executive director of the Secured Transaction Law Reform Project, as well as the Oxford academic lead of the Cape Town Convention Academic Project, and one of the UK delegates to both UNCITRAL (working group VI) and Unidroit. She has co-authored a number of books on commercial law and debt financing, including Goode and Gullifer on Legal Problems of Credit and Security, The Law of Security and Title Financing, The Law of Personal Property and Corporate Finance Law : Principles and Policy.

The Financing of Micro-Business in the UK

Professor Edward Janger

Edward Janger is the David M. Barse Professor of Law at Brooklyn Law School. He teaches and writes in the areas of bankruptcy law, commercial law, consumer credit and data privacy. His articles have appeared in the Illinois Law Review, the Michigan Law Review, the Texas Law Review and the Yale Law Journal. Recent scholarship explores issues of value allocation and governance in Chapter 11 cases, cross-border bankruptcy, resolution of systemically important financial institutions, and the treatment of financial contracts in bankruptcy. He is co-director of the Center for the Study of Business Law & Regulation at Brooklyn Law School.

Festschrift IACCL

Baby Lehman: Making Banruptcy Work for Non-Systematic Institutions

Professor Shalom Lerner

Shalom served over 40 years as a Professor of Law at the Faculty of Law, Bar Ilan University in Israel. From 1990 until 1994 he was the Dean of the Faculty. He retired in October 2017 and became Professor Emeritus, since Israeli universities apply mandatory retirement at the age of 68. Shalom also taught as a visiting Professor at USA, Canada and Italy universities. His fields of research and teaching are: Commercial Law (mainly: Insolvency, Security Interests, Banking and Negotiable Instruments), Property and Jewish Traditional Law. Shalom wrote a few books as follows: The Law of Leases (1990), Company Charges (1996), The Law of Bills and Notes (1st edition 1999, 2nd edition 2007), Assignment of Debts (2002) and The Law of Set-Off (2012).

New Israeli Insolvency Law

Professor Gerard McCormack

Gerard McCormack is the Professor of International Business Law at the University of Leeds in the UK. He has held other Professorial positions including at Manchester and Essex (where he was also Dean of the School of Law) and is a visiting Professor at the National University of Singapore and Singapore Management University. He has considerable experience of working on law reform projects including in Hong Kong and recently for the European Commission on the harmonization of insolvency law in Europe. He is currently leading a team from the University of Leeds in a research project with the University of Wuhan that looks at “Boosting growth through strengthening investor and creditor protection in China: How China can learn from the UK experience”. McCormack is the author of many books and journal articles including most recently being the co-author of “European Insolvency Law Reform and Harmonisation” (published in 2017).”

Untrical Model Law

Durham Paper and Conclusion

Professor Alexander Molotnikov

Alexander Molotnikov obtained his PhD Obtained at Moscow State University in 2006. He is Associate Professor, Department of Business Law, Law Faculty of the Lomonosov Moscow State University (http://www.law.msu.ru) and Executive director of Scientific-Educational Center (Law and business MSU). He is Chairman of the board of Nonprofit Organization - Business initiative support center 'Startup'. Advisor on legislation issues to the Business Russia (Delovaya Rossia) all-Russia Social Organization (www.deloros.ru). Member of the National Register of Independent Directors at the Russian Union of Industrialists and Entrepreneurs – RSPP (http://www.rspp.ru/). Independent director and professional attorney in Boards of Directors of JSCs with state participation. A member of the subgroup on the legal regulation of corporate relations of the Working Group to establish an international financial center in Russia of the Presidential Council on Financial Market Development. Arbitrator at the Arbitration Court for economic dispute settlement at the private institution Arbitration Regulation and Legal Due Diligence Center. The Arbitration Court was established by Rosatom State Corporation in order to settle economic disputes between organizations of the nuclear industry (www.rosatom.ru). Member of the Working Group of the Committee of Independent Directors of RSPP on issues of participation of independent directors and professional attorneys in the Boards of Directors of joint stock companies with state participation. Maintains a blog on the pages of the Internet version of Forbes www.forbes.ru.

Biography

Professor Agasha Mugasha

Agasha is a Professor of Law at the University of Essex and lectures in international financial law and regulation, international trade finance law, banking law, and general commercial law. His academic career began in New Zealand and Australia, where he authored The Law of Letters of credit and Bank Guarantees (Federation Press) before moving to the UK and authoring The Law of Multi-Bank Financing (Syndicated Loans and the Secondary Loan Market) (Oxford University Press). He has also lectured in several countries including Italy, Canada and USA. In 2011-15 he served as the Chairperson of the Uganda Law Reform Commission and participated as a country delegate at the United Nations Commission on International Trade Law (UNCITRAL). A former Commonwealth Scholar and later a Commonwealth Fellow, Agasha is keenly interested in the practical application of the law and improving the profile of developing countries in the global economy.

Abstract

Non-bank Financial Institutions

Professor Caslav Pejovic

Caslav Pejovic is Professor of Law at the Faculty of Law, Kyushu University. Prior to joining Kyushu University in the fall of 1997, he was an Associate Professor at the University of Montenegro. He graduated law at the University of Montenegro (B.A.), has LL.M. degree from the University of Belgrade and Kyoto University and Ph.D. degree from Zagreb University. His teaching and research interests include maritime law, comparative law, commercial law, international business law, foreign investment law, corporate governance and labor law. He is the member in a number of international academic and professional associations, such as the International Academy of Comparative Law (IACL), the International Academy of Commercial and Consumers Law (IACCL), the Asian Law and Society Association (ALSA), and the Japanese Association of Maritime Law. Some of his papers are published in the world leading journals, and some are translated in other languages. He is the author of the chapter on carriage by sea in the book “Transnational Commercial Law” (eds. Roy Goode, Herbert Kronke and Ewan McKendrick) published by the Oxford University Press in 2015. He also serves as arbitrator of the ICC Arbitration, the Foreign Trade Arbitration of Serbia, and the Commercial Arbitration of Montenegro.

Controversies Regarding Clean Bill of Lading: Need for Revising the UCP

Professor Ruth Plato-Shinar

Ruth Plato-Shinar is a Professor of Banking Law and Financial Regulation at the Netanya Academic College, Israel, where she also serves as the Director of the Center for Banking Law. She is the author of the books "The Banks' Fiduciary Duty" and "Banking Regulation in Israel: Prudential Regulation versus Consumer Protection". She is a member of the Advisory Committee of the Israeli Minister of Finance, the Advisory Committee of the Governor of the Bank of Israel, the Advisory Board of the Commissioner of Capital Market, Insurance and savings; a former Board Member of the Government Fund for Class Actions. She also serves on the Academic Committees of AIIFL at Hong-Kong University, and CCLS at Queen Mary University, London.

IACCL Abstract

PowerPoint Presentation

Professor Geneviève Saumier

Geneviève Saumier is the Peter M. Laing Q.C. Professor of Law at McGill University, which she joined in 1996. She was Associate Dean from 2005-2008. She holds B.Com., B.C.L. and LL.B. degrees from McGill University and a Ph.D. from Cambridge University. Her research focusses on private international law and consumer dispute resolution. She is co-editor, with Hans-W. Micklitz, of the forthcoming book Enforcement and Effectiveness of Consumer Law. A member of the Quebec Bar, she also sits on the board of Quebec’s Consumer Protection Office and is currently co-rapporteur at the Hague Conference on Private International Law for the Judgments Convention.

Abstract

Genevieve SAUMIER IACCL 2018 Saumier

Professor Ingeborg Schwenzer

Ingeborg Schwenzer is Dean of Swiss International Law School and Professor emerita of Private Law at the University of Basel, Switzerland. Additionally, she is an adjunct professor at Bond University, Gold Coast, Australia, and has been an adjunct professor at City University, Hong Kong, and at Griffith University, Brisbane, Australia. She has published numerous books and more than 200 articles in the fields of law of obligations (contracts, tort law and unjust enrichment, sales law both domestic and international), commercial arbitration as well as family law. In particular, she is the editor and main contributor of the world's leading Commentary on the Convention on the International Sale of Goods (CISG) (4th edition, Oxford, OUP: 2016) and its German, Spanish, Portuguese and Turkish counterparts. From 2011 to 2018 Ingeborg Schwenzer was the chair of the CISG Advisory Council. She is also active in all areas of legal practice. In particular, she regularly acts as arbitrator, counsel and legal expert in international disputes.

For a detailed cv see here.

Service Contracts and the CISG

Professor Jay Westbrook

One of the nation's most distinguished scholars in the field of bankruptcy, he has been a pioneer in this area in two respects: empirical research and international/comparative studies. Professor Westbrook also teaches and writes in commercial law and international business litigation. He practiced in all these areas for more than a decade with Surrey & Morse (now part of Jones, Day) in Washington, D.C., where he was a partner, before joining the faculty in 1980. He is co-author of The Law of Debtors and Creditors (Aspen, 7th ed., 2014); As We Forgive Our Debtors: Bankruptcy and Consumer Credit in America (Oxford, 1989); The Fragile Middle Class (Yale, 2000); and A Global View of Business Insolvency Systems (Martinus Nijhoff 2010). He has been Visiting Professor at Harvard Law School and the University of London, and is a member of the American Law Institute, the National Bankruptcy Conference, and the American College of Bankruptcy. He serves as a consultant to the International Monetary Fund and the World Bank. He was the United States Reporter for the ALI's Transnational Insolvency Project and co-head of the United States delegation to the UN (UNCITRAL) conference that created the Model Law on Cross-Border Insolvency. He is an emeritus director of the International Insolvency Institute and a director and former President of the International Academy of Commercial and Consumer Law. He has been the recipient of outstanding contribution awards from the National Conference of Bankruptcy Judges, the International Insolvency Institute, and the American College of Bankruptcy. He has twice been named the Outstanding Teacher at the University of Texas School of Law.

Abstract

Comity and Choice of Bankruptcy Law in Global Insolvencies

Professor Roderick Wood

Roderick J Wood is the F.R. (Dick) Matthews Q.C. Professor of Business Law at the Faculty of Law, University of Alberta. He is the author of a treatise on Canadian bankruptcy and insolvency law, has co-authored books on secured transactions law in Canada and New Zealand, and has published extensively in various law journals. Professor Wood serves as a Board Member of the Alberta Law Reform Institute and has served as a Commissioner of the Law Commission of Canada (2001 to 2006). He is currently a co-editor of the Journal of the Insolvency Institute of Canada. Professor Wood was a member of the Canadian delegation at Diplomatic Conferences in Luxembourg in 2007 and Berlin in 2012 that produced international instruments governing the secured financing of rail assets and space assets, and participated in the UNIDROIT meetings of government experts on the agricultural, construction and mining equipment protocol.

Transplanted Legal Controversies: Buyer Status under Secured Transactions Law

Buyer Status

Professor Toshiyuki Kono

Toshiyuki KONO is Distinguished Professor, Kyushu University (Fukuoka, Japan).

He currently serves as the president of the International Council of Monuments and Sites (ICOMOS), an advisory body of UNESCO, since 2017. He was a vice president of ICOMOS from 2014 through 2017. He is in charge of, among others, World Heritage issues. He has been active in UNESCO as an independent expert as well. For example, he served in 2010 as the Chairperson of the 3rd General Assembly of the State Parties of the UNESCO Convention for the Safegurding of Intangible Cultural Heritage and Chairperson of the Legal Committee of the 34th UNESCO General Conference in 2007. His recent publication in the field of international heritage law includes “Authenticity, notions and principles”, Change over Time, Fall 2014, Vol. 4, No.2, pp.436-460.

In the field of private international law, he gave special lectures on “Efficiency in Private International Law” at the Hague Academy of International Law in 2013. He was chosen as one of three lecturers who are invited to publish lectures in its Pocket Book series in 2014.

Besides his presidency of ICOMOS, he is among others Vice President and Titular Member of the International Academy of Comparative Law; the Chairman of the Committee for Intellectual Property and Private International Law at the International Law Association.

Professor Anne Keirse

Anne Keirse is a professor of Private Law at Utrecht University and a judge at the Court of Appeal in Amsterdam. She is director of the Utrecht Centre for Accountability and Liability Law (UCALL), www.ucall.nl.

It is an ambition of Anne Keirse to explore what tomorrow's private law will entail. In which direction are we heading now and why and how should this course be influenced?

The research and teaching activities of Anne Keirse are primarily focused on the law of obligations, with emphasis on the field of Dutch and European tort law, Dutch and European contract law, law of damages, prevention and mitigation of damage. In her work, Anne Keirse is particularly interested in utilizing the law of obligation, not only for the purpose of retrospectively sanctioning socially undesirable behavior, but also, to promote the use of private law in facilitating socially desirable behavior in the future. She subscribes to the maxim that prevention is better than cure.

Professor Catherine Walsh

Catherine Walsh teaches and writes principally in the areas of secured transactions and private international law. Formerly a professor in the Faculty of Law of the University of New Brunswick, her move to McGill in July 2001 reflects her strong interest in the comparative and international dimensions of these subjects. She has a long standing commitment to law reform, and has been actively involved in a number of national and international reform initiatives, including participating as a member of the Canadian delegation to Working Group VI of the United Nations Commission on International Trade Law (UNCITRAL) in the development of a series of multilateral legal instruments in secured transactions law. She is the co-author, with Ronald Cuming (Saskatchewan) and Roderick Wood (Alberta), of Personal Property Security Law (Irwin Law, 1st ed. 2005, 2nd ed. 2012). She has been a contributing co-author from the outset of Private International Law in Common Law Canada: Cases, Text and Materials, the 4th edition of which was published by Emond-Montgomery in 2016. Before commencing her law studies, Catherine Walsh worked as a CUSO volunteer in Ghana, an experience that contributed to her subsequent interest in comparative and international private law.

EC Proposal for a Regulation on Choice of Law for Assignment - Why a carve-out for the securitisation market

Professor Hans-W. Micklitz

Since 2007 Professor for Economic Law at the European University Institute, Jean Monnet Chair of Private Law and European Economic Law at the University of Bamberg (emeritus). Head of the Institute of European and Consumer Law (VIEW) in Bamberg. Studies of law and sociology in Mainz, Lausanne/Geneva (Switzerland), Giessen and Hamburg. Consultancies for OECD in Paris, UNEP Geneva Switzerland/Nairobi Kenya and CI (Consumers International) Den Haag Netherlands/Penang Malaysia. Study visits at the University of Michigan, Ann Arbor, Jean Monnet Fellow at the European University Institute Florence, Italy, visiting professor at the Somerville College at the University of Oxford, co-founder of the Centre of Excellence at the University of Helsinki. Holder of an ERC Grant 2011-2016 on European Regulatory Private Law. Finland Distinguished Professor of the Academy of Finland 2016-2020, Consultancies for ministries in Austria, Germany, the UK, the European Commission, OECD, UNEP, GIZ, non-governmental organisations.

The External Dimension of European Private Law

Professor Janet Walker

Janet Walker is a full professor and past Associate Dean. She currently teaches private international law, international commercial arbitration and complex litigation in the JD and the professional LLM programs and is Director of the Professional LLM in Civil Litigation and Dispute Resolution. She has also taught Civil Procedure, Professional Responsibility and International Business Transactions and has served as Convener of the Litigation, Dispute Resolution and the Administration of Justice Stream, and Director of the Mooting Program. Professor Walker is the author of Castel and Walker: Canadian Conflict of Laws, and the Halsbury’s Laws of Canada volume on the Conflict of Laws; she is the General Editor of The Civil Litigation Process, and of Class Actions in Canada, and co-editor of Common Law, Civil Law and the Future of Categories. She is also a co-author of Irwin Essentials: Civil Procedure, Private International Law in Common Law Canada, and A Practical Guide to Mooting.

Janet Walker ICA in an Era of Transparency

Dr Orkun Akseli

Dr. Orkun Akseli is Associate Professor of Commercial Law at Durham Law School. He joined the Law School in 2011, having previously taught at the University of Manchester as part time seminarist and at the Robert Gordon and Newcastle Universities as lecturer. Dr. Akseli studied for his LLB at Dokuz Eylul University Law Faculty, Izmir, Turkey. He obtained his LLM from the University of Georgia, USA; MA from Istanbul Bilgi University Law Faculty and PhD from the University of Manchester Law School. Before embarking on academic life he practiced insurance defence and commercial litigation in Izmir. He is a member of Turkish Bar.

IACCL

Professor Sir Ross Cranston

ir Ross Cranston is professor of law. He was a judge of the High Court, Queen’s Bench Division for just over nine years and the judge in charge of the Administrative Court from January 2016. Previously he was Centennial Professor and Cassel Professor of Commercial Law at LSE. He was MP for Dudley North 1997-2005 and Solicitor General 1998-2001. He was Lubbock Professor of Banking Law, Director of the Centre for Commercial Law Studies and Dean of Laws at Queen Mary, University of London. He has also held full time teaching positions at the University of Warwick and the Australian National University. He was made QC in 1998. As counsel he appeared before the High Court, the Court of Appeal and the House of Lords in Britain, and before the European Court of Human Rights and the Court of Justice of the European Union. He was educated in the University of Queensland, Harvard Law School and the University of Oxford. He has held consultancies with UNCTAD, the World Bank, the IMF and the Commonwealth Secretariat to advise different countries on their commercial, banking and securities laws. From 2005-2016 he has undertaken reviews for the European Commission of the legal systems of Romania, Bulgaria, Croatia and Turkey. He was a member of the legal advisory panel of the National Consumer Council in Britain and chair of trustees of the whistleblower’s charity, Public Concern at Work. He is a Fellow of the British Academy.

The Global Financial Crisis