INTERIM FINAL IATA Legal Symposium 2015, Seoul, Korea Interim programme Day 1 – Wednesday, 25 February 2015 0900 – 1030 Registration 1030 – 1200 Legal Forum (Member airlines only) 1230 – 1400 General Counsel’s luncheon 1400 – 1730 Legal Forum continued (Member airlines only) 1830 – 2000 Welcome reception Day 2 – Thursday, 26 February 2015 0800 – 0900 Registration 0900 – 0930 Welcome addresses 0930 – 1000 Plenary session – Chief Economist’s Report IATA’s Chief Economist, Brian Pearce, will analyse the economic impact of the key legal and regulatory burdens facing the industry. Brian Pearce, Chief Economist, IATA 1000 – 1030 Refreshment break 1030 – 1200 Plenary panel – Aeropolitical brand battles in Asia The Asia Pacific region is a hotbed of cross-jurisdictional activity in the airline sector. Do the old rules apply? Are recent developments evidence of a revolution against the established order for ownership and control? Are single brand and cross-equity arrangements putting paid to twentieth century nationality restrictions? What implications will ASEAN and closer regional regulatory cooperation pose for airlines, investors and others? Our expert panellists will address these questions and more. Alan Tan, Head, Air Law and Policy Programme, National University Singapore Peter Coles, Partner, Holman Fenwick Willan LLP Andrew Cowen, Deputy Chief Executive Officer, Hong Kong Express David Walton, Chief Operating Officer, BOC Aviation Jim Callaghan, General Counsel and Company Secretary, Etihad Airways 1 1200 – 1230 Plenary session – Connecting the dots on aircraft tracking Join us for a practical account of the industry and government work on new tracking arrangements for commercial airliners in light of the MH370 tragedy and what may be in store for market participants. Dorothy Reimold, Assistant Director Safety and Flight Operations, IATA 1230 – 1400 Luncheon 1400 – 1530 Plenary panel – Eating your cake and having it too? Consumer protection in Asia Consumers have it great. The real cost of air travel has dived dramatically in recent decades and choice is king. Despite this regulators have run amuck in the US, EU and elsewhere in re-regulating service in the name of passenger rights. Will governments in Asia Pacific follow suit? Will the humble contract of carriage survive as defining the product offering or will regulators usher in a new level of service standardization? Ben Martin, Partner, Norton White Lawyers Eloise Curry, Head of Legal, Jetstar (Australia) Nikolina Babic, Legal Counsel, Air New Zealand Nie Ying, General Counsel, Air China Laurent Chassot, Partner, gbf Attorneys-at-law Carmelo Arcilla, Executive Director, Philippines Civil Aeronautics Board Mickey Shan, Legal Counsel, China Airlines 1530 – 1600 Refreshment break 1600 – 1645 Breakout panels 1. OECD update: What do the policy wizards have in mind for aviation? Commercial aviation is inextricably linked to economic activity and the nature and pace of development. How is long term economic policy, at the macro level, being tailored with the industry in mind? Our panel of seasoned experts will examine some of the latest initiatives being considered by governments at the OECD level, particularly in respect of consolidation, alliances, joint ventures and the related aspects of competition law. Brian Pearce, Chief Economist, IATA John Taladay, Partner, Baker Botts LLP Bruce Wark, Vice President and Deputy General Counsel, American Airlines Mona Chammas, Competition Law Expert, OECD 2. Are reforms needed to the accident investigation process? Recent tragedies have spurred some to call for reforms to the accident investigation process enshrined in the Chicago Convention and its Annexes. Are such proposals blinkered by present passions and fears or are adjustments needed or do existing rules merely need to be applied consistently and effectively? 2 1645 – 1815 Simon Clegg, Director, Corporate Services, Pacific Islands Forum Secretariat Gary Halbert, Partner, Holland & Knight LLP Richard Gimblett, Partner, Holman Fenwick Willan LLP Plenary panel – Regulator’s roundtable on competition law Competition law in Asia has geared up significantly in recent years with a plethora of new laws and new regulatory bodies. What are the special challenges of this dynamic environment? How are tensions and inconsistencies between national approaches resolved? Are regulators talking to each other? Can transnational business expect certainty and consistency? Our seasoned panelists will explore these and related issues for those doing business in the airline sector. Bruce McDonald, Partner, Jones Day LLP Li Qing, Deputy Director General – Price Supervision and Anti-Monopoly Bureau, National Development and Reform Commission Herbert Fung, Director (Business and Economics), Competition Commission of Singapore Nisha Uberoi, Partner, Amarchand & Mangaldas & Suresh A Shroff & Co 1815 – 2000 Legal Symposium reception 2000 – 2230 Legal Symposium dinner Day 3 – Friday, 27 February 2015 0800 – 0900 Registration 0900 – 1030 Plenary panel – Duty stations! Crisis control, insurance and liability 2014 was the centenary of commercial aviation. It was also marked by no less than four devastating tragedies for the airline community. A serious incident or crisis, when it occurs, will put tremendous ‘around the clock’ pressure on personnel and resources. Every minute will be critical. Poorly managed, such an event can have significant long term consequences for the company. The panel will discuss effective crisis control strategies, related insurance protocols and initial liability considerations for a serious incident or accident. Anita Quy, Partner, Kennedys Law LLP Mark A. Dombroff, Partner, McKenna Long & Aldridge LLP Chris Pickford, Group Manager, Business Resilience, Qantas Group J. Denny Shupe, Partner, Schnader Harrison Segal & Lewis LLP Mahima Shrestha, Head of PR and Media, MOP Communications 1030 – 1100 Refreshment break 1100 – 1230 Breakout panels 1. Global liability snapshot Join us for a practical examination of the key liability trends to watch this year. What will be the biggest liability threats to airline and insurer balance sheets in 2015? What patterns are observable for significant versus attritional losses and how is industry responding? To what extent do compensation awards differ by jurisdiction and are national courts respecting the conventions? In addition, 3 how are emerging heads of liability, for instance under consumer legislation, being treated and will these shape the insurance offering in the future? Our panel of experienced lawyers and insurance specialists shall tackle these and other questions. Alejandro Piera, Partner, Guanes, Heisecke & Piera Abogados Bart Banino, Partner, Condon & Forsyth LLP Philip Bass, Partner, Clyde & Co LLP Joseph Wheeler, Senior Solicitor, Shine Lawyers Gary Bunce, Assistant General Counsel, Delta Air Lines 2. NDC pilot schemes – implementing a new standard New Distribution Capability (NDC) will enable the travel industry to transform the way air products are retailed to corporations, leisure and business travelers, by addressing the industry’s current distribution limitations. As this new standard is rolled out, what difficulties or other considerations might arise from a regulatory perspective? What do airlines, travel agents and distribution providers need to know when planning their utilization of NDC? Gary Doernhoefer, Consultant, Skylarc LLC Nigel Howard, Partner, Covington & Burling LLP Richard Edwards, Managing Consultant, Revidio Limited Jackson Pek, Vice President and General Counsel, Amadeus IT Group 1230 – 1400 Luncheon 1400 – 1500 Plenary panel – Trends for alternative dispute resolution in aviation The aviation industry is uniquely suited for the use of alternative dispute resolution. It is a small community in which commercial relationships often last for years if not decades. Parties often have few commercial alternatives making it important to resolve disputes with existing commercial partners. It is both global and highly technical which means traditional governmental judicial processes can be slow, expensive and unreliable in their grasp of technical aspects. At the same time, the use of alternative dispute resolution techniques is seeing a resurgence as organizations respond to past criticism. New international procedural rules are being developed, and we have seen the creation of entirely new dedicated institutions such as the Shanghai International Court of Arbitration. Lawyers practicing in the aviation industry have an opportunity to learn more about these developments and engage in debate with this panel of experts in the field. Gary Doernhoefer, Consultant, Skylarc LLC Tan Ai Leen, Registrar, Singapore International Arbitration Centre Guo Junxiu, General Counsel, China Eastern Air Holding Company Yang Jianrong, Chairman, Shanghai International Arbitration Centre 1500 – 1510 Short refreshment break 1510 – 1610 Breakout panels 1. Data protection update The proliferation of data protection laws globally shows no sign of abating, and new legislative regimes are on the way in Asia, Europe and Latin America. Though with different regimes comes different compliance burdens, and 4 keeping abreast of this is no mean feat for airlines. How should airlines approach the task of “better information governance”, tackle divergence amongst regulators and avoid the serious penalties often applied for data breaches? Join our distinguished panel as they navigate the complexities and common strategies likely to be of use in this fast moving area. Alan Meneghetti, Partner, Locke Lord LLP Sze-Hui Goh, Director, Eversheds LLP Isabel Andrade, Lawyer, Felsberg Advogados Julian Homerstone, General Counsel, Virgin Atlantic Airways Limited Arthur Molins, General Counsel of the Americas, Deutsche Lufthansa AG 2. Sanctions update Changes in the geopolitical landscape of the last year have posed new challenges for lawyers tasked with sanctions compliance. Notwithstanding their questionable status under the Chicago Convention, airlines and other market participants continue to be caught in the middle of economic warfare between sovereign States. Our panel will explore the impact of the key sanctions programs on civil aviation, the emerging areas of risk for airlines and nut out some practical compliance strategies. Leslie Lugo, Senior Legal Counsel, IATA Eric Vallieres, Partner, McMillan LLP Ed Lebow, Counsel, Haynes and Boone LLP 1610 – 1630 Refreshment break 1630 – 1800 Grand debate: Do public lawyers have any work left to do in air law? The Symposium will close, in style, with a grand debate on this matter of controversy in aviation law. Spirited argument will be had between an affirmative and negative team of industry experts. You, through a poll, will decide who wins the day! Jeff Shane, General Counsel, IATA Robert Lawson QC, Barrister, Quadrant Chambers Simon Clegg, Corporate Services Director, Pacific Islands Forum Secretariat Richard Gimblett, Partner, Holman Fenwick Willan LLP Louise-Hélène Sénécal, Assistant General Counsel, Air Canada Allan Mendelsohn, Of Counsel, Cozen O’Connor Laura Pierallini, Partner, Studio Legale Pierallini 5
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