MODEL LAW ON FACTORING

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 Chartered 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

Lawyer and Notary Public dedicated to the area of corporate and international business law, founder of Iurisconsulti, Abogados y Notarios. Attorney-at-law and Notary Public with a Degree in Juridical and Social Sciences graduate from Francisco Marroquin University (Guatemala City, Guatemala). Masters of Law LL.M graduate from Columbia University (New York City). Arbitrator in several arbitrations carried out in Guatemalan arbitration centers and abroad. Professor of General Contract Theory, Commercial Contracts, and International Businness Law at the Faculty of Law of the Francisco Marroquín University. Expert witness in Guatemalan law in several cases before USA courts. Associate member of the International Academy of Comparative Law. Guatemalan expert appointed within the project of the Organization of American States (OAS) for the drafting of the “Guide on Applicable Law for International Commercial Contracts in the Americas” (2017). Guatemalan expert appointed within the Lucerna Project of the Hague Principles on the choice of applicable law in the field of International commercial contracts (2017). Guatemalan correspondent of the International Institute for the Unification of Private Law (UNIDROIT 2022). Member of the group that participated in the translation of the English version into Spanish of “Unidroit Principles on International Commercial Contracts”, Edited by the International Institute for the Unification of Private Law (Unidroit) Rome, Italy (2018). Observer in several meetings of the United Nations Convention on Contracts for the International Sale Of Goods, Advisory Counsel (CISG-AC) (2015-2022). Guatemalan delegate to the United Nations Commission for International Trade Law (UNCITRAL) (2014-2015; 2021-2022). Member of the group that worked in the drafting of the Principles of Latin American Contract Law (2015-2017). Full member of The Asociación Americana de Derecho Internacional Privado (American Association on Private International Law).

Doctor of Law, Professor at Private International Law Department of the Institute of International Relations of Taras Shevchenko National University of Kyiv. Oleksandr Biryukov successfully defended in Kyiv National University dissertations on Comparative Insolvency in 1999 and on Cross-Border Insolvency in 2010.

He is a proven legal consultant with extensive experience working in international projects in Ukraine funded by USAID, TACIS/European Commission, the World Bank, WTO, EBRD, DFID etc. He participated in drafting the Model Laws for CIS on Securities Market (1998-2000) and the Discussion paper in the frame of preparation of the Model law on Insolvency of Banks for CIS (2003-2004); was a member in the Governmental Delegation of Ukraine at Diplomatic conference convened in 2008 by Switzerland Confederation to discuss and adopt UNIDROIT Convention on Intermediated Securities (now is Geneva Securities Convention).

Dr. Biryukov is a bankruptcy specialist, scientist, consultant to the IMF (Ukraine, 2017-2018) and the World Bank (Kazakhstan, 2012-2018). Being a member to the World Bank Insolvency and Creditor/Debtor Regimes Task Force he was involved in preparation of the Report on the Treatment of the Insolvency of Natural Persons.

Prof. Biryukov teaches a number of private law university courses, including Private International Law, Bankruptcy, Cross-Border Insolvency, Comparative Securities Law and other.

He is a Fulbright Scholar (New York University School of Law, USA, 2000-2001). In 1996 Biryukov conducted a research at UNIDROIT and in 2009 received a grant from INSOL International to carry out research in the field of comparative and international bankruptcy.

He authored a number of publications, including a book Law and Legal System of Ukraine (JURIS Publishing Inc., 2005), a chapter Recent Bankruptcy Law Developments in Ukraine in Contemporary Issues on Public International and Comparative Law (Vandeplas Publishing Co., 2009), a brochure Research Guide to Ukrainian Law (NYU Globalex Journal, 2006), and more than 120 publications devoted to private law reform in Ukraine.

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.

Suzanne Howarth is an Australian legal practitioner admitted to legal practice in New South Wales, the Australian Capital Territory as well as in England and Wales. Suzanne holds undergraduate and graduate law degrees from the Universities of Sydney and Melbourne, is a graduate of the Australian Institute of Company Director and an accredited mediator.

Suzanne joined the Australian Public Service in 1992. Before joining the Service, Suzanne worked with two major law firms in Sydney and in the City of London in the areas of insurance, international trade, and dispute resolution.

Since 2020, Suzanne has been an Executive Member of the International Law Section of the Law Council of Australia. For over two decades, Suzanne has worked as a senior Australian Government lawyer in various Australian central government agencies as well as the Australian Competition and Consumer Commission. Suzanne’s areas of expertise include government and public administration, competition and consumer law, corporate law, public and international law, trade and investment, taxation, and the regulation of not for profits.

Juliana is a lecturer in Private International Law at the Universidad Carlos III de Madrid. Her main areas of research and teaching are international trade law, European competition law and international family law. In relation to the former, she is the author of 3 monographs, one of them on “Régimen jurídico de la abogacía internacional” (2003), another on “Abordaje marítimo y litigación internacional” (2007) and the third one on “Contratos internacionales de distribución comercial en el Derecho Internacional Privado de la Unión Europea” (2013). She has also published on international factoring contracts, international insolvency and international commercial and investment arbitration. With regard to European competition law, she is co-author of the monograph “La doctrina de las infraestructuras esenciales en Derecho antitrust europeo” (2012) and has also written on other issues related to this subject, such as the influence of Big Data on anti-competitive behaviour. Finally, within the last line of research mentioned, she is the author of a fifth monograph on ” Relaciones económicas de los matrimonios y las uniones registradas en España, antes y después de los Reglamentos (UE) 2016/1103 y 2016/1104″ (2019) and has publications on international successions and free movement of persons, among other subjects.
She has been Commissioner of the Ministry of Foreign Affairs, European Union and Cooperation of the Government of Spain, as delegate of Spain at the 51st Session of UNCITRAL and is a Member of the European Association of Private International Law – EAPIL- and has been part of the working group of this association created to draft the future European Regulation on Real Rights.
Her current research focuses on the legal issues raised by new technologies, including intellectual property rights in the metaverse and digital assets.

Maria Hook is an Associate Professor at the University of Otago (Faculty of Law). Her main area of expertise is private international law, particularly in the New Zealand context. She is a joint author of The Conflict of Laws in New Zealand (LexisNexis, 2020).

Dr. Radwa Elsaman’s area of expertise includes commercial law, international comparative law, international sustainable development and the rule of law. She focuses mainly on the MENA region. In addition to being an Assistant Professor of Law at Cairo University in Egypt, she has lectured and conducted academic research at prominent universities throughout the United States, such as Cornell University School of Law and Boston University School of Law, and the Central European University in Europe.

With 20 years of experience, Dr. Elsaman is well known for assisting governments and private sector entities with legal and institutional reform. She has consulted for USAID on projects, including Automating Economic Courts in Egypt and Economic Stabilization Support for Syria. With the IDLO, she advised on Strengthening the Capacity of National Partners in Economic Laws and Capacity Building of Jordanian judges. Similarly, she advised the European Investment Bank on Improving Access to Finance by Facilitating SMEs’ Business Expansion. Moreover, she acted as a legal expert at the EU Euromed Justice Project. With the World Bank Group, she consulted on land and property projects in MENA. She was also engaged with other organizations, including the GIZ and the AFD. Between 2006 and 2015, Dr. Elsaman worked for international law firms, including Dentons and DLA Piper, where she represented clients in regulatory and transactional matters.

Her publications have appeared in worldwide-law journals. Currently, she contributes to the Cambridge Handbook on Comparative Law. Her book on “Comparative Franchising Law: United States, China, Malaysia, MENA Region” has been chosen as one of the six best books on franchising globally. She is a member of various professional global unions and is licensed to practice law in multiple jurisdictions. She got her LL.B. from Cairo University School of Law; an LL.M. from the IMO’s International Maritime Law Institute, a second LL.M. and J.S.D (PhD in Law), from the American University Washington College of Law.

Stefan Vogenauer has been teaching an intensive masters course in ‘Global Commercial Contract Law’ as a Senior Research Fellow at the University of Melbourne since 2012. He also taught the BCL/MJur options ‘Transnational Commercial Law’ and ‘International Commercial Arbitration’ at the University of Oxford, where he served as Professor of Comparative Law and Director of the Institute of European and Comparative Law from 2003 to 2015. He has taught and lectured widely in many European countries and has held Visiting Professorships at NYU Law School, the University of Auckland, the University of Paris 2, the University of Texas at Austin, Louisiana State University, National Taiwan University and National Law University Delhi.

Apart from legal history, his main research interests are in comparative private law, contract law and transnational commercial law. He is an expert in contract law where he has worked extensively on national laws (English, French and German) and on comparative, European and transnational aspects. He is the sole editor of the Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (2nd edn, Oxford University Press 2015), a standard reference work in the field. He is also a co-author of the leading student textbook in comparative contract law, the Ius Commune Casebook for the Common Law of Europe: Cases, Materials and Text on Contract Law (3rd edn, Hart Publishing 2019). His co-authored monograph on contracts written in English but governed by another law (Englisch als Vertragssprache) was published with CH Beck in 2018.

From 2017, Professor Vogenauer served as a member of the panel of experts for the drafting of the ‘tripartite’ Legal Guide to Uniform Instruments in the Area of International Commercial Contracts, with a Focus on Sales, published jointly by UNCITRAL, the Hague Conference and UNIDROIT.

Prof. Amnon Lehavi (J.S.D, LL.M, Yale) is Full Professor at the Harry Radzyner Law School, Reichman University, Israel, and former Dean of the Law School (2016-2021). He acts as Academic Director of the G City Real Estate Institute at Reichman University. Prof. Lehavi is a member of UNIDROIT’s Exploratory Expert Group on “Private Art Collections: Orphan Objects.” He also served as Co-President of the Law Schools Global League (2018-2021). Prof. Lehavi was a visiting professor at the University of Toronto (Canada), University of California, Berkeley (USA), Tilburg University (the Netherlands), KU Leuven (Belgium), and Luiss University (Italy).

An expert on property law, urban law and policy, cultural property, international economic law, and law and globalization, Prof. Lehavi is the author of Property Law in a Globalizing World (Cambridge UP, 2019) and The Construction of Property: Norms, Institutions, Challenges (Cambridge UP, 2013), and the editor of Disruptive Technology, Legal Innovation, and the Future of Real Estate (Springer, 2020), One Hundred Years of Zoning and the Future of Cities (Springer, 2018), and Private Communities and Urban Governance: Theoretical and Comparative Perspectives (Springer, 2016).

Email: alehavi@runi.ac.il; Twitter: @Alehavi; ORCID iD: 0000-0002-7976-9546.

My areas of interest: I have been a member of the Working Group preparing the UNIDROIT Principles of International Commercial Contracts 2010 and 2016. Apart from the law of obligations in comparative and historical perspective I am very interested in the law of succession, also in historical and comparative perspective. Today, in fact, the law of succession is the main focus of my work.

I discovered UNIDROIT’s work through the study on Transport Terminals [when writing on OTT UN Convention (1991)]. Afterwards the Principles on International Commercial Contracts (Chapter 6, within a volume devoted to the Principles under my coordination, and Chapter 9.1, in Bonell Fs).
I directed (and still I am mentoring) Master’s and PhD students’ research to deep in documents ending up in ULIS, to get a better CISG understanding on different CISG Articles (e.g., 7, 25, 78 and 79).
With a group of students, we translated to Spanish the Guide to International Master Franchise Arrangements 1st. edition.
Lastly, with a group of University colleagues and other bank experts we sent comments on Model Law on Factoring and on Principles on Digital Assets within the last four months or so.
Apart from UNIDROIT’s works, but on international trade law area, I have had the benefit to represent Spain in UNCITRAL (1989-2014). There, I chaired the Plenary (1994) and two working groups: NIEO (1993-1994, while drafting Model Law on Procurement of Goods, Construction and Services, 1994) and the one on International Contract Practices (1995-2001) during the Convention on Assignment of Receivables on International Trade (2001) preparation. I was member of the Spain Delegation in Working Group V, dealing with Insolvency Law (2001-2014), and Working Group III (2001-2008) when drafting Rotterdam Rules.
Consequently, my publications are within that ambits.
In Spanish Law I wrote on Companies, Commercial Registry, Loans (with particular attention to interests’ debt in it and in other credit contracts, also on lack of timely payment).
I was granted (DAAD, A. v Humboldt S. and Salvador de Madariaga) to research periods (three years in a sum) in MPI (Hamburg).
I coach my University students’ teams to Willem C Vis International Commercial Arbitration Moot and to MOOTmadrid.

Walter Doralt has his main research interests in Civil Law, European Private Law, and Company Law, with methods drawing on Comparative Law (Austria, Germany, England, France, Italy and Switzerland) as well as Law and Economics. His habilitation (Bucerius Law School) dealt with Long Term Contracts.

María Belén Moreno is an upcoming lawyer focusing on international commercial and investment arbitration cases.
She works in the Dispute Resolution Department, mainly representing national and international clients in commercial arbitrations before the Centro de Arbitraje y Mediación Paraguay (CAMP), Paraguay’s only arbitration institution, and in ad hoc arbitration proceedings.
Belén is a newly admitted member to the Arbitrator list of CIACBLP (Centro Internacional de Arbitraje – Cámara de Bélgica y Luxemburgo en el Perú).
She was a part of the National University of Asuncion´s commercial arbitration moot team as an oralist, receiving an honorable mention at the Willem C. Vis International Commercial Arbitration Moot in 2015. Ever since, she has been coaching the University´s moot teams in the Latin America moot and the Willem C. Vis Moot.
Belen has an LL.M. from Georgetown University and has graduated with academic honors as part of the Dean’s List 2020. She also earned a Certificate in International Arbitration and Dispute Resolution.

Fabián is a Senior Associate in the area of Litigation and Arbitration.

His practice focuses on Construction and Infrastructure Law, Public-Private Partnerships, Concessions, Public and Private International Law, Free Trade and Investment Treaties, International Contracting, Civil, Corporate, Administrative, and the resolution of disputes through Domestic and International Arbitration and Dispute Boards in the aforementioned areas of law. Fabián works on disputes related to the sectors and/or industries of construction and infrastructure, airports and ports, insurance, banking and finance, energy, and foreign investment.

Fabián has large experience advising and/or representing government agencies and companies in domestic and international arbitrations under different arbitration rules (ICC, UNCITRAL, LCIA, ICSID, etc.).

Fabián completed an internship at a law firm in Chile in the area of International Contracts and International Arbitration. He completed a period of training and academic research on the relationship between International Investment Arbitration and the law and jurisprudence of the World Trade Organization, specializing in non-discrimination clauses in both their substantive and procedural form in international economic law, at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany as part of his LL.M.

Fabián is Arbitrator and Secretary of Arbitral Tribunal of the Conciliation and Arbitration Center of Tegucigalpa Chamber of Commerce and Industry. He is also Arbitrator of the Arbitration Center of México (CAM), Ibero-American Arbitration Center (CIAR), Institution for the Resolution of Disputes on Blockchain and Technology (IBT) and is part of the list of potential Arbitrators of the General Secretariat of the Madrid International Arbitration Center (CIAM). He has had experience for several years as a professor and participates regularly as a participant as well as speaker or lecturer in forums, colloquiums, training courses and international workshops on different subjects. He is fluent in Spanish, English and French. Basic knowledge of German (level A1 CEFR).

Mr. Alvaro Galindo is an International Counsel advising on dispute resolution matters, particularly those involving Latin American jurisdictions. Currently, he is the Dean of the Law School at Universidad de las Americas and partner at Carmigniani Perez Abogados. His practice focuses on disputes between sovereign states and state-owned entities and private companies. He has been recognized by The Legal 500 Latin America and was noted in this publication as “outstandingly intelligent” and for his “incomparable capacity for coordinating, planning, strategic assessment, and for his diplomatic approach”.
He was as member of the international arbitration practice at Dechert LLP in Washington, D.C. He also served as the Director of the International Affairs and Arbitration Unit for the Republic of Ecuador’s Attorney General Office. He acted as a legal consultant for the International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C., and as regional director for the Latin American Development Corporation, where he coordinated the committee in charge of drafting the Arbitration Law of Ecuador.
Mr. Galindo has significant teaching experience in the areas of dispute resolution, international investment, and arbitration law. He has authored numerous publications and articles related to arbitration and international investment law.
Currently, he is an Adjunct Professor at Georgetown University Law Center, with a course on Advanced Topics in International Investment Arbitration and Adjunct Professor of Practical Aspects of Arbitration (Spanish course) at American University Washington College of Law.
Mr. Galindo has represented sovereign states in international and regional forums: the United Nations Conference on Trade and Development, UNCTAD; the United Nations Commission on International Trade Law, UNCITRAL.
Member of the Court of the ICC International Court of Arbitration and arbitrator in various arbitration centers in Latin America. In September 2021, he was appointed to the list of arbitrators under the ICSID Convention.

My main areas of expertise related to the work of UNIDROIT include international commercial contracts and secured transactions, as well as international civil procedure and private international law.

Dyalá Jiménez is a Costa Rican national who specializes in conflict resolution. She is frequently appointed as arbitrator in international treaty-based and contract-based disputes, both under institutional rules and ad hoc procedures. She is also trained in mediation by ICSID/CEDR and acts as conciliator in local complex disputes.

She is a member of the ICSID panel of conciliators and arbitrators for Costa Rica and of the ICC International Court of Arbitration. Dyalá is also a member of the International Council for Commercial Arbitration (ICCA) Governing Board.

In terms of her academic background, she is a Fulbright Scholar and alumnus of Georgetown University Law Center (LLM ‘99) and is author of numerous publications (visit www.djarbitraje.com). She has teaching experience in Costa Rica (Lead University, 2017) and in Chile (Universidad de Chile undergraduate and the Heidelberg/Universidad de Chile LLM Program, from 2004 to 2013). Dyalá is also the correspondent for Costa Rica of the International Institute for the Unification of Private Law, UNIDROIT.

From 2018 to 2020, Dyalá served as Minister of Foreign Trade of Costa Rica and in such capacity was charged with public policy on exports and foreign direct investment. In that role, she also led the country’s efforts to become the 38th member of the OECD, which included passing 14 laws of varied complexity and sensibility. During those two years Dyalá had to tackle a diversity of disputes including frictions with trade partners, obstacles in land transportation, challenges arising out of the Pandemic, strike on the ports, among others.

Dyalá is a member of the board of directors of Costa Rica’s investment promotion agency, CINDE, and served on the board of the local Chamber of Commerce.

Dyalá has lived in Washington, DC, Paris and Santiago (Chile) and works in Spanish, English, French and Portuguese.

Doctor of Law and Social Sciences, University of the Republic (1978); Professor of Private International Law at the University of the Republic (1984-) and at the Catholic University of Uruguay (1994-2017); Member of the Uruguayan Institute of Private International Law (1984-) and Director (2017-2021); Professor at the Uruguayan Centre of Judicial Studies (2017-).
Visiting professor at several universities and institutions in foreign countries, professor at the Hague Academy of International Law (2015).

Author of 26 books and 175 chapters in books and articles published in Uruguay and abroad. Some of the main ones are La Autonomía de la Voluntad en la Contratación Internacional, Montevideo, FCU, 1991 (Thesis); Curso de Derecho del Transporte, Montevideo, coauthor Fernando Aguirre Ramírez, FCU, 8 volumes, several editions (1999-2011); Curso de Derecho Internacional Privado, Montevideo, FCU, 3 volumes, several editions (2001-2015); “Public Policy: Common Principles in the American States”, Recueil des cours, Vol. 379 (2016), Leiden/Boston, Brill Nijhoff, 2016, pp. 73-396; Legal Aspects of Cruises, Editor and author of the General Report, Ius Comparatum – Global Studies in Comparative Law, Volume 56, Switzerland, Springer, 2022; Derecho Internacional Privado. Parte General. Jurisdicción estatal y arbitral, Tomo I, 1st ed., Montevideo, FCU, 2022; Derecho Internacional Privado. Parte Especial Civil y Comercial, Tomo II, 1st ed., Montevideo, FCU, 2022; Derecho Internacional Privado. Parte Especial Civil y Comercial, Tomo III, 1st ed., Montevideo, FCU, 2022.

Lecturer and panelist in more than 150 seminars, conferences and workshops.

Research activities: Fulbright scholarship, University of California at Davis (1988); at UNIDROIT (1998); at the University of the Republic, Uruguay, and at foreign universities.
Professional experience as external Consultant on Private International Law matters to several Uruguayan and foreign law firms and institutions and as arbitrator.
Main areas of expertise related to the work of UNIDROIT: international contracts, international family law issues, cross border insolvency, international procedural issues, access to justice.

Mr Forrest is a Professor of Law and the Director of the Marine and Shipping Law Unit at the University of Queensland. He teaches maritime law, private international law and cultural heritage law and has a broad research interest in the unification of private maritime law. His most recent book is, with Professor Nick Gaskell, The Law of Wreck (2019, Informa Law). His current work involves UNIDROIT’S implementation of the Cape Town Convention on International Interests in Mobile Equipment, and particular, the possibility of adopting a Protocol addressing ships and maritime transport equipment. He also has an interest in cultural heritage and the current Private Art Collection’s project.

Professor Pilar Perales Viscasillas is the Chair of Commercial Law at Carlos III University of Madrid (UC3M). She acts as a national and international arbitration in commercial law disputes.
Author of seven monographs in matters related to international sale of goods contracts, uniform law of international trade, commercial contract law, company law, insurance and arbitration, as well as more than 150 publications in collective and periodical works, several of them in English. Many of her publications relates to various Unidroit Legal instruments.
Professor Perales Viscasillas is the current Chair of the CISG-AC (Advisory Council on the Convention on Contracts for the International Sale of Goods) (2003) and Council Rapporteur of Opinion No. 4; she was an observer in the Working Group for the preparation of the third and fourth editions of the UNIDROIT Principles on International Commercial Contracts (2010 and 2016) (2007-2010 and 2017). She has been Spanish Delegate to the United Nations Commission on International Trade Law (UNCITRAL-UNCITRAL) (2001-2014) in Working Group II on International Commercial Arbitration, and Spanish correspondent for CLOUT (2002-2017). She participated in the working group that drafted The UNCITRAL, HCCH, and UNIDROIT, Legal Guide to uniform instruments in the area of international commercial contracts, with a focus on sales.
Member of the Plenary of the Centro Internacional de Arbitraje de Madrid (CIAM) and Council member of The Spanish Club of Arbitration. Member of the Executive Board of SEAIDA (The Spanish Branch of AIDA, Association Internationale de Droit des Assurances). Co-Chair of the Cátedra de Derecho Empresarial Deloitte Legal.

She is also Director of the Moot Madrid, where usually UNIDROIT Legal texts are used; and co-Director of the Master on International Advocacy (UC3M).

Bernardo is a partner at Parra Rodríguez Abogados (Colombia) with more than 35 years of legal experience. Bernardo assists national and international clients in aviation regulatory matters, structured finance transactions, M&A operations, asset-based-financing, cross-border transactions and aircraft financing transactions under the Cape Town Convention.

Bernardo represents world-leading international airlines and financial institutions. His experience includes aircraft operating and financial leases, asset purchase and sale transactions, cross-border financing transactions, private placement transactions, secured loans and issuance of notes, among others.

Bernardo has also participated in some of the major M&A and financing transactions in Colombia, such as the financing of the Medellin Metro, the acquisition of Central, North and South Cerrejón, the acquisition of Bell South assets in Colombia, the establishment of Carrefour in Colombia and the first private placement abroad by the major Colombian airline, amongst others.

Furthermore, Bernardo is a member of the Aviation Working Group (“AWG”) legal panel and legal coordinator of the AWG Colombian National Contact Group.

Bernardo is a 1986 lawyer from Universidad de los Andes (Bogotá, Colombia). In 1988 he obtained an LL.M in International Business Law from London School of Economics and Political Science in London, England.

Edgardo Muñoz is a leading voice in the field of international business law as a member of Universidad Panamericana’s law faculty in Guadalajara, Mexico, from where he frequently contributes in specialized publications and discussion forums.

Besides his academic commitments, he practices in the area of international contracting and arbitration. He sits as arbitrator in international forums and represents clients in commercial and sport proceedings. He is a Member of the Court of Arbitration for Sports [CAS] and of the Appeal Tribunal of the International Gymnastics Federation.

Edgardo Muñoz is also a Member of the CISG Advisory Council and Correspondent of UNIDROIT in Mexico.

He received his Bachelor of Laws from Universidad Iberoamericana in Mexico, and Master of Laws degree (LLM) from University of Liverpool in the U.K. and a second Master of Laws degree (LL.M) University of California in Berkeley. His Doctor of Laws degree (PhD) suma cum laude is from University of Basel in Switzerland.

Dr Teresa Rodriguez de las Heras Ballell is an Associate Professor of Commercial Law at University Carlos III of Madrid, Spain.

She is currently an Academic Visitor at the University of Cambridge, and was Sir Roy Goode Scholar at UNIDROIT in 2021-2022. The topics addressed during these appointments have been: secured transactions, effective enforcement, and digital assets.

Asset-based finance and secured transactions, specially, the international legal harmonization instruments are one of her main areas of expertise with a significant level of specialization in the Cape Town Convention system. Within this remit, she was member of the Study Group for the MAC Protocol and delegate of Spain in the Diplomatic Conference, as well as an observer and a delegate of Spain at UNCITRAL for WG VI on secured transactions.

Digital law and technology-related private-law matters (platforms, AI, data, digital assets, algorithmic contracts) are her second area of primary research, expertise, and international experience. She is delegate of Spain at UNCITRAL WG IV on ecommerce (AI in international trade), and an Expert for UNCITRAL and UNIDROIT on digital economy projects. She is also member of the European Commission Expert Group on Liability and New Technologies, the EU Expert Group for the Observatory on Online Platform Economy, and the EU Expert Group on B2B Data Sharing and Cloud Computing. She is member of the European Law Institute (ELI) Executive Committee and Council and author of the ELI Guiding Principles on Automated Decision Making in Europe, 2022.

She is an arbitrator at the Madrid Court of Arbitration and the Spanish Court of Arbitration. She has acted as an arbitrator in a variety of commercial disputes, mostly financial agreements, and banking contracts, as well as commercial contracts in general (agency, distribution, service agreements). Besides, she held a European Central Bank scholarship to prepare a report on FinTech regulation. So, she is also specialized in financial regulation.

I discovered UNIDROIT’s work through the study on Transport Terminals (when writing on Operators of Transport Terminals UN Convention). Afterwards the Principles on International Commercial Contracts (Chapter 6, within a volume devoted to the Principles under my coordination, and Chapter 9.1, in Bonell Fs, as a sequel from Assignment of Receivables UN Convention publications).
I directed (and still I am mentoring) Master’s and PhD students’ research to deep in different aspects of the documents ending up in ULIS, to get a better CISG understanding on different CISG Articles (e.g., 7, 25, 78 and 79).
In that documentary precedents vein one of the PHD students is digging on the documents related to Hotel Keepers and Travel Agencies.
With a group of students, we translated to Spanish the Guide to International Master Franchise Arrangements 1st. edition.
Lastly, with a group of University colleagues and other bank experts we send comments on Model Law on Factoring and on Principles on Digital Assets within the last four months or so.

Mr. Alvaro Galindo is an International Counsel advising on dispute resolution matters, particularly those involving Latin American jurisdictions. Currently, he is the Dean of the Law School at Universidad de las Americas and partner at Carmigniani Perez Abogados. His practice focuses on disputes between sovereign states and state-owned entities and private companies. He has been recognized by The Legal 500 Latin America and was noted in this publication as “outstandingly intelligent” and for his “incomparable capacity for coordinating, planning, strategic assessment, and for his diplomatic approach”.
He was as member of the international arbitration practice at Dechert LLP in Washington, D.C. He also served as the Director of the International Affairs and Arbitration Unit for the Republic of Ecuador’s Attorney General Office. He acted as a legal consultant for the International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C., and as regional director for the Latin American Development Corporation, where he coordinated the committee in charge of drafting the Arbitration Law of Ecuador.
Mr. Galindo has significant teaching experience in the areas of dispute resolution, international investment, and arbitration law. He has authored numerous publications and articles related to arbitration and international investment law.
Currently, he is an Adjunct Professor at Georgetown University Law Center, with a course on Advanced Topics in International Investment Arbitration and Adjunct Professor of Practical Aspects of Arbitration (Spanish course) at American University Washington College of Law.
Mr. Galindo has represented sovereign states in international and regional forums: the United Nations Conference on Trade and Development, UNCTAD; the United Nations Commission on International Trade Law, UNCITRAL.
Member of the Court of the ICC International Court of Arbitration and arbitrator in various arbitration centers in Latin America. In September 2021, he was appointed to the list of arbitrators under the ICSID Convention.

Professor Mads Bryde Andersen (b. 1958) is a professor of private law at the Univer¬sity of Copenhagen. He is the author, or editor, of several books and articles in his field of contracts and obligations, intellectual property law and computer and high tech¬nology law. His authorship includes “Lærebog i Obligationsret I” (The law of Obligations, I, 5th edition, 2020), “Dansk Pensionsret” (Danish Pension Law, 2nd edition, 2017, with Jesper Mark), “Grund¬læggende aftaleret” (Basic Contract Law, 5th edition, 2021), “Enkelte transaktioner” (Commercial Transactions, 5th edition 2022), “Praktisk aftaleret” (Contract Law in Practice, 5th edition 2019), “Advokatretten” (The law of Advocates, 2nd edition, 2022, with Lars Lindencrone Petersen), “IT-retten” (The law of IT, 2nd edition, 2005) and “Ret og metode” (Legal Method, 2002). He has published numerous academic articles and anthologies. Since 2003 he has been the editor-in-chief of the most prestigious Danish legal periodical Ugeskrift for Retsvæsen, section B (The Weekly Law Report).

For a number of years Professor Andersen was the Danish delegation to UNCITRAL. From 1997 to 1998 he chaired the UNCITRAL working group on Electronic Commerce. He has been involved in a number of working groups within the OECD dealing with security and consumer issues of the information society and was the head of the Danish delegation during the OECD talks on encryption policy (1995-1996). From 2003 to 2012 he was co-chair and later chair of the Danish Guarantee Fund for Depositors and Investors.

Professor Andersen is a frequently used arbitrator in domestic and international arbitration matters and has been involved in more than 150 arbitration cases, either as chairperson, sole arbitrator or co-arbitrator.

Professor Andersen’s office address is:

UNIVERSITY OF COPENHAGEN, FACULTY OF LAW
KAREN BLIXENS PLADS 16 (6A-3-26)
2300 COPENHAGEN S
Denmark
Mobile Phone +45 4058 0925
E-mail mads@jur.ku.dk

Tim Schnabel served as the U.S. head of delegation for the negotiation of the UNIDROIT Principles on the Operation of Close-Out Netting Provisions, the initial work on the MAC Protocol to the Cape Town Convention, and the Preparatory Commission for the Space Protocol to the Cape Town Convention. He led U.S. participation in several UNCITRAL projects, including the Singapore Mediation Convention, the Mauritius Transparency Convention, the Model Law on Enterprise Group Insolvency, the Model Law on Recognition and Enforcement of Insolvency-Related Judgments, and the initial work on reform of investor-state dispute settlement. He also participated in the negotiation of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. He now serves as the Executive Director of the Uniform Law Commission, which has worked within the United States since 1892 to draft and seek enactment of state legislation on topics for which uniformity of state law is useful and feasible. Uniform acts developed by the ULC, which have been enacted over 6,000 times by state legislatures, include the Uniform Commercial Code and hundreds of other acts related to real property, trusts and estates, family law, civil procedure, emerging technologies, unincorporated organizations, and other areas of law.

Ana Filipa Vrdoljak is the UNESCO Chair in International Law and Cultural Heritage and Professor of Law, University of Technology Sydney. She has taught international law, cultural heritage law, human rights law, and international humanitarian law in Europe, Asia and Oceania, the Americas, and Middle East. She has been Fernand Braudel Senior Fellow (2017), Marie Curie Fellow (2006-2008) and Jean Monnet Fellow (2004-2006), Law Department European University Institute, Florence. She holds a Doctor of Philosophy (in Law) from the University of Sydney.

Professor Vrdoljak is the author of International Law, Museums and the Return of Cultural Objects (Cambridge University Press, 1e 2006 and 2008, 2e forthcoming) and editor of Oxford Handbook on International Cultural Heritage Law with Francesco Francioni (Oxford University Press 2020), and Oxford Commentary on the 1970 UNESCO and 1995 UNIDROIT Conventions with Andrzej Jakubowski and Alessandro Chechi (Oxford University Press, forthcoming 2023). She is a General Editor, with Francesco Francioni, of the Oxford Commentaries on International Cultural Heritage Law (Oxford University Press) and book series, Cultural Heritage Law and Policy (Oxford University Press). She is President of the International Cultural Property Society (U.S.) and Chair of the Management Committee, International Journal of Cultural Property (Cambridge University Press).

Professor Vrdoljak is a member of UNIDROIT’s 1995 UNIDROIT Convention Academic Project (UCAP) and member of the UNIDROIT Export Group on Orphan Works. She is a member of UNESCO Expert Group preparing Model Provisions for the 1970 UNESCO Convention. She has served on expert panels for UNESCO, UNIDROIT, European Commission and the OHCHR. She has been a member of the ILA’s Cultural Heritage Committee since 2008. She has been a Barrister and Solicitor of the High Court and Federal Courts of Australia since 1997, and Supreme Court of New South Wales since 1992.

Petra is a German and New Zealand qualified lawyer. Her main areas of research are international commercial law, in particular international commercial contracts and international dispute resolution, and human rights. Currently she focuses especially on access to commercial justice issues and issues in relation to cross-border contracting by MSMEs. Petra is a law reform specialist. She has, inter alia, lead two Commonwealth projects: an inquiry into judicial diversity in Commonwealth small states and regarding international commercial arbitration in the Commonwealth. She is also the director of the Institute of Small and Micro States. The aim of the Institute is to provide a platform for research and law reform regarding issues pertinent to small states.

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.

Professor Ignacio Tirado was appointed Secretary-General by the Governing Council at its 97^th 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.

Myrte Thijssen started her career in the Legal Service of the Dutch Central Bank (Supervision and Regulation Department). From 2015-19 she worked in the Legal Service of the Single Resolution Board, providing advice in banking crises and dealing with litigation before the Appeal Panel and the Court of Justice of the European Union. She studied at the University of Amsterdam and New York University. She has taught Corporate Law and Law of Bank Crisis Management at the University of Amsterdam and the University of Bologna respectively. She has published several articles in the field of banking and financial law with a particular focus on bank resolution.

Hamza Hameed is a Pakistani lawyer who works as a Legal Consultant at the International Institute for the Unification of Private Law (UNIDROIT) in Rome, Italy. He is also the Co-Chair of the Space Generation Advisory Council (SGAC). He holds an Advanced Master’s LLM Degree in Air and Space Law from Leiden University and an LLB from the University of London. His work mostly involves the development and promotion of international instruments in the areas of spacecraft financing, secured transactions law, and law & technology. At UNIDROIT, he is responsible for the Space Protocol of the Cape Town Convention, and also manages the activities of the Cape Town Convention Academic Project and the UNIDROIT Foundation. He is a member of the International Institute of Space Law (IISL) and INSOL International.

Priscila Pereira de Andrade works as a Legal Officer at UNIDROIT. She is mainly responsible for the Agricultural Development and Private Law projects jointly developed with IFAD and FAO (Legal Structure of Agricultural Enterprise, Agricultural Land Investment Contracts and Contract Farming). Priscila holds a Ph.D. in International Law from the University Paris I Panthéon-Sorbonne (France), a Master Degree in International Relations from the University Center of Brasília (Brazil), and a specialisation degree in International Environmental Law from the United Nations Institute for Training and Research (UNITAR). Before joining UNIDROIT, she worked for the International Institute for Sustainable Development (IISD) and was an assistant professor at the University of Pisa (Italy), as well as an associate professor at the Master in Law Program of the University Center of Brasília.

Philine Wehling has over ten years of experience in food and agriculture law as well as international trade law. Before joining UNIDROIT in 2019 she worked as a Legal Specialist at the Legal Office of the United Nations Food and Agriculture Organization (FAO) in Rome for almost 8 years, providing guidance to Member States on the development of sound legal frameworks and contributing to the standard setting work of the Organization on trade in agro-food products, agricultural finance, sustainable agricultural production and development, and responsible natural resources management. She supported Governments in legal reform in more than 20 countries. Philine Wehling further served as a Legal Advisor at the German Federal Ministry of Justice in Berlin, where she was in charge of international cooperation in consumer law and policy. She completed her doctoral dissertation in international law at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg, for which she received a doctoral degree summa cum laude from Heidelberg University as well as the Prize for excellence in research of the Margot-und-Friedrich-Becke Stiftung zu Heidelberg in 2018. Philine Wehling is admitted to the German Bar .

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).

Prior to joining UNIDROIT, Michelle worked in the Department of Justice of Hong Kong, China, for over 10 years, advising and representing Hong Kong, China in various aspects of international law. Prior to that she worked in an international law firm, assisting leading companies and financial institutions in complex disputes. She has an LLB from the University of Hong Kong and LLM from New York University.

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.