Session 12: Roundtable Discussion: The International Liability Regimes and their Impact on Airlines, Manufacturers, Insurers, Claimants & Other Victims

Main Session 1 Session 2 Session 3 Session 4 Session 5 Session 6 Session 7 Session 8 Session 9 Session 10 Session 11 Session 12	Session 12: Roundtable Discussion: The International Liability Regimes and their Impact on Airlines, Manufacturers, Insurers, Claimants & Other Victims
- Should States ratify the new General Risks and Unlawful Interference Conventions? - Can the accident investigation process function properly under the chill of potential criminal liability? - Should distant courts serve as fora for foreign disputes - Must an “accident” under Article 17 of the Warsaw and Montreal Conventions be an incident of air travel? - Can “adequate insurance” actually be provided for catastrophic losses, as is required under the recent international Conventions, given the unpredictability of risks posed by terrorism? - Will States ratify the new Conventions? CHAIR: Prof. Paul Stephen Dempsey - McGill University SPEAKERS: - Michael Jennison - US Federal Aviation Administration - Paul McCarthy - International Federation of Air Line Pilots’ Associations - Bob McGeorge - International Air Transport Association - Siew Huay Tan - Civil Aviation Authority of Singapore - John Samiotis - Clyde & Co LLP
	BIOGRAPHIES Prof. Paul Stephen Dempsey 3690 Peel Street Montreal, Quebec CANADA H3A 1W9 (514) 398-8370 (514) 398-8197 fax paul.dempsey@mcgill.ca Paul Stephen Dempsey is Tomlinson Professor of Global Governance in Air & Space Law and Director of the Institute of Air & Space Law at McGill University, in Montreal, Canada. From 1979-2002, he held the chair as Professor of Transportation Law, and was Director of the Transportation Law Program at the University of Denver. He was also Director of the National Center for Intermodal Transportation. Earlier, he served as an attorney with the Civil Aeronautics Board and the Interstate Commerce Commission in Washington, D.C., and was Legal Advisor to the Chairman of the I.C.C. Dr. Dempsey holds the following degrees: Bachelor of Arts (1972), Juris Doctor (1975), University of Georgia; Master of Laws (1978), George Washington University; Doctor of Civil Laws (1986), McGill University. He is admitted to practice law in Colorado, Georgia and the District of Columbia. Professor Dempsey was a Fulbright Scholar, was awarded the Transportation Lawyers Association Distinguished Service Award, and was designated the University of Denver's Outstanding Scholar. He was the first individual designated the University of Denver's Hughes Research Professor, and DePaul University's Distinguished Visiting Professor of Law. The Colorado transportation community named him “Educator of the Year”, and inducted him into the Colorado Aerospace Hall of Fame. From 1979-2002, he was faculty editor of the Transportation Law Journal. He also served on the Editorial Boards of the Denver Business Journal, and The Aviation Quarterly (Lloyds, London), and currently serves on the Editorial Board of the German Journal of Air & Space Law, and as Editor-in-Chief of the Annals of Air & Space Law. Professor Dempsey has published nearly 20 books and ninety law review and academic journal articles, and scores of newspaper and news magazine editorials. From 1986 to 1998, he was host of KWGN-TV's weekly talk show, "Your Right to Say It." Professor Dempsey has appeared on the ABC Evening News with Peter Jennings, the MacNeil-Lehrer News Hour, ABC World Business Report, NBC Today, ABC Good Morning America, CNN Crossfire, National Public Radio, CBS Radio, NBC Mutual Radio, and other news broadcasting networks in the United States and abroad. His editorials have been published in major newspapers and news magazines, including for example, Newsweek, the New York Times, and the Wall Street Journal. Dr. Dempsey is also Vice Chairman & Director of Frontier Airlines, Inc., and has served with that airline since its birth in 1994. He is Chairman of Lynx Aviation, Inc., and founder and Director of DEW Immobilienverwertungs Gmbh (Austria). He was a founder and first Chairman of the Board of Governors of the Certified Claims Professional Accreditation Council, Inc., and President and Director of the Genesee Foundation, Inc. He has also served as a consultant to U.S. and foreign airlines, railroads, motor carriers, bus companies, transportation labor organizations, industry associations, government agencies, and telecommunications companies. Dr. Dempsey has delivered expert witness testimony and studies before the Public Utility Commissions of the states of California, Colorado, Kansas, Iowa, Ohio, Pennsylvania, and Washington, the Province of British Columbia, and the courts of Missouri and Nevada. He has testified before the transportation committees of the U.S. Senate, the U.S. House of Representatives, the Canadian Senate, and the state legislatures of Colorado, Michigan and Texas. He has lectured in Austria, Belgium, Brazil, Canada, Chile, China, Colombia, Germany, Hong Kong, India, Italy, Japan, Jordan, Kuwait, Macau, Mexico, the Netherlands, New Zealand, Papua New Guinea, Romania, Saudi Arabia, Singapore, South Korea, Spain, Switzerland, Taiwan, the United Arab Emirates, the United Kingdom, and the United States. Michael Jennison Michael Jennison is Assistant Chief Counsel for International Affairs at the Federal Aviation Administration in Washington. He is responsible, among other things, for counsel to the FAA's war risk insurance program. He represents the United States in ICAO's legal committee, the legal commission to the Assembly, and diplomatic conferences. He was twice named rapporteur to the legal committee and he chaired its 34th Session in September 2009, the first American to preside since 1951. Mr. Jennison flew Air Force F-4 Phantom and C-130 Hercules aircraft on active duty and in the reserves and retired as a reserve Colonel Judge Advocate in 1999. He holds the Defense Superior Service Medal, the Air Force Legion of Merit, and the Small Arms Expert Ribbon. His articles have appeared in the McGill Annals of Air and Space Law, ABA's Air and Space Lawyer, the Uniform Law Review, and the ICAO Journal. He is an Eagle Scout and Assistant Scoutmaster of Troop 1946, Washington DC. Paul McCarthy Captain Paul McCarthy is currently the Representative of IFALPA (International Federation of Air Line Pilot Associations) at ICAO. In this position he is responsible for executing IFALPA technical policy through the ICAO process and responding to all technical initiatives brought before ICAO. He retired in 2004 as a B- 777 Captain after 32 years of service with Delta Air Lines. He is a licensed attorney in Massachusetts and Florida and practiced in Boston for 18 years, concentrating in maritime matters. He served as a pilot with the U.S. Navy on carriers prior to Delta. He has held positions of increasing responsibility within the pilot associations culminating with service as the executive air safety chairman of ALPA International and principle officer, technical for IFALPA. Robert L. McGeorge Mr. McGeorge is the General Counsel of the International Air Transport Association (IATA), based in Montreal. Mr. McGeorge moved to Washington, D.C upon graduation from the University of New Mexico Law School, with all intentions of spending a few years in the big city before returning to the Southwest. Instead, he practiced law with several different Washington firms for the next fifteen years – focusing on regulatory and commercial aspects of transportation law, antitrust law and international trade. He then took an academic tour. As a member of the faculty of the University of Nebraska Law School, Mr. McGeorge taught Public International Law, International Trade & Transactions and Comparative Law, and served as the Executive Director of that university’s Center for International Trade Policy. In 1995, Mr. McGeorge returned to Washington as a Trial Attorney at the U.S. Department of Justice’s Antitrust Division. He was involved in merger and non-merger matters involving industries covered by the Division’s Transportation, Energy & Agriculture Section until he joined IATA in April of 2005. Siew Huay Tan Tan Siew Huay is Director (Legal) of the Civil Aviation Authority of Singapore (CAAS). In addition to legal matters she also handles the insurance matters for the Authority. She has been active in ICAO legal matters since joining CAAS. She participated as member of the Singapore delegation at the Diplomatic Conference which concluded the Montreal Convention 1999. She was the Vice-Chair of the ICAO Special Group on Aviation War Risk Insurance and Special Group on the Modernisation of the Rome Convention of 1952. She was also the Chairperson of the Drafting Committee at the Diplomatic Conference which concluded the General Risk Convention 2009 and the Unlawful Interference Risks Cooperation Convention 2009. John Samiotis John is a partner in the aviation department. He specialises in contentious aviation matters, acting for airlines and their insurers in single and multi jurisdictional litigation including cargo, subrogation and catastrophe work. He has particular expertise in Africa, Europe and North America.

BIOGRAPHIES

Prof. Paul Stephen Dempsey

3690 Peel Street
Montreal, Quebec CANADA H3A 1W9
(514) 398-8370
(514) 398-8197 fax
paul.dempsey@mcgill.ca

Paul Stephen Dempsey is Tomlinson Professor of Global Governance in Air & Space Law and Director of the Institute of Air & Space Law at McGill University, in Montreal, Canada. From 1979-2002, he held the chair as Professor of Transportation Law, and was Director of the Transportation Law Program at the University of Denver. He was also Director of the National Center for Intermodal Transportation. Earlier, he served as an attorney with the Civil Aeronautics Board and the Interstate Commerce Commission in Washington, D.C., and was Legal Advisor to the Chairman of the I.C.C.

Dr. Dempsey holds the following degrees: Bachelor of Arts (1972), Juris Doctor (1975), University of Georgia; Master of Laws (1978), George Washington University; Doctor of Civil Laws (1986), McGill University. He is admitted to practice law in Colorado, Georgia and the District of Columbia. Professor Dempsey was a Fulbright Scholar, was awarded the Transportation Lawyers Association Distinguished Service Award, and was designated the University of Denver's Outstanding Scholar. He was the first individual designated the University of Denver's Hughes Research Professor, and DePaul University's Distinguished Visiting Professor of Law. The Colorado transportation community named him “Educator of the Year”, and inducted him into the Colorado Aerospace Hall of Fame. From 1979-2002, he was faculty editor of the Transportation Law Journal. He also served on the Editorial Boards of the Denver Business Journal, and The Aviation Quarterly (Lloyds, London), and currently serves on the Editorial Board of the German Journal of Air & Space Law, and as Editor-in-Chief of the Annals of Air & Space Law. Professor Dempsey has published nearly 20 books and ninety law review and academic journal articles, and scores of newspaper and news magazine editorials.

From 1986 to 1998, he was host of KWGN-TV's weekly talk show, "Your Right to Say It." Professor Dempsey has appeared on the ABC Evening News with Peter Jennings, the MacNeil-Lehrer News Hour, ABC World Business Report, NBC Today, ABC Good Morning America, CNN Crossfire, National Public Radio, CBS Radio, NBC Mutual Radio, and other news broadcasting networks in the United States and abroad. His editorials have been published in major newspapers and news magazines, including for example, Newsweek, the New York Times, and the Wall Street Journal.

Dr. Dempsey is also Vice Chairman & Director of Frontier Airlines, Inc., and has served with that airline since its birth in 1994. He is Chairman of Lynx Aviation, Inc., and founder and Director of DEW Immobilienverwertungs Gmbh (Austria). He was a founder and first Chairman of the Board of Governors of the Certified Claims Professional Accreditation Council, Inc., and President and Director of the Genesee Foundation, Inc. He has also served as a consultant to U.S. and foreign airlines, railroads, motor carriers, bus companies, transportation labor organizations, industry associations, government agencies, and telecommunications companies.

Dr. Dempsey has delivered expert witness testimony and studies before the Public Utility Commissions of the states of California, Colorado, Kansas, Iowa, Ohio, Pennsylvania, and Washington, the Province of British Columbia, and the courts of Missouri and Nevada. He has testified before the transportation committees of the U.S. Senate, the U.S. House of Representatives, the Canadian Senate, and the state legislatures of Colorado, Michigan and Texas. He has lectured in Austria, Belgium, Brazil, Canada, Chile, China, Colombia, Germany, Hong Kong, India, Italy, Japan, Jordan, Kuwait, Macau, Mexico, the Netherlands, New Zealand, Papua New Guinea, Romania, Saudi Arabia, Singapore, South Korea, Spain, Switzerland, Taiwan, the United Arab Emirates, the United Kingdom, and the United States.

Michael Jennison

Michael Jennison is Assistant Chief Counsel for International Affairs at the Federal Aviation Administration in Washington. He is responsible, among other things, for counsel to the FAA's war risk insurance program. He represents the United States in ICAO's legal committee, the legal commission to the Assembly, and diplomatic conferences. He was twice named rapporteur to the legal committee and he chaired its 34th Session in September 2009, the first American to preside since 1951. Mr. Jennison flew Air Force F-4 Phantom and C-130 Hercules aircraft on active duty and in the reserves and retired as a reserve Colonel Judge Advocate in 1999. He holds the Defense Superior Service Medal, the Air Force Legion of Merit, and the Small Arms Expert Ribbon. His articles have appeared in the McGill Annals of Air and Space Law, ABA's Air and Space Lawyer, the Uniform Law Review, and the ICAO Journal. He is an Eagle Scout and Assistant Scoutmaster of Troop 1946, Washington DC.

Paul McCarthy

Captain Paul McCarthy is currently the Representative of IFALPA (International Federation of Air Line Pilot Associations) at ICAO. In this position he is responsible for executing IFALPA technical policy through the ICAO process and responding to all technical initiatives brought before ICAO. He retired in 2004 as a B- 777 Captain after 32 years of service with Delta Air Lines. He is a licensed attorney in Massachusetts and Florida and practiced in Boston for 18 years, concentrating in maritime matters. He served as a pilot with the U.S. Navy on carriers prior to Delta. He has held positions of increasing responsibility within the pilot associations culminating with service as the executive air safety chairman of ALPA International and principle officer, technical for IFALPA.

Mr. McGeorge is the General Counsel of the International Air Transport Association (IATA), based in Montreal.

Mr. McGeorge moved to Washington, D.C upon graduation from the University of New Mexico Law School, with all intentions of spending a few years in the big city before returning to the Southwest. Instead, he practiced law with several different Washington firms for the next fifteen years – focusing on regulatory and commercial aspects of transportation law, antitrust law and international trade.

He then took an academic tour. As a member of the faculty of the University of Nebraska Law School, Mr. McGeorge taught Public International Law, International Trade & Transactions and Comparative Law, and served as the Executive Director of that university’s Center for International Trade Policy.

In 1995, Mr. McGeorge returned to Washington as a Trial Attorney at the U.S. Department of Justice’s Antitrust Division. He was involved in merger and non-merger matters involving industries covered by the Division’s Transportation, Energy & Agriculture Section until he joined IATA in April of 2005.

Siew Huay Tan

Tan Siew Huay is Director (Legal) of the Civil Aviation Authority of Singapore (CAAS). In addition to legal matters she also handles the insurance matters for the Authority.

She has been active in ICAO legal matters since joining CAAS. She participated as member of the Singapore delegation at the Diplomatic Conference which concluded the Montreal Convention 1999. She was the Vice-Chair of the ICAO Special Group on Aviation War Risk Insurance and Special Group on the Modernisation of the Rome Convention of 1952. She was also the Chairperson of the Drafting Committee at the Diplomatic Conference which concluded the General Risk Convention 2009 and the Unlawful Interference Risks Cooperation Convention 2009.

John Samiotis

He specialises in contentious aviation matters, acting for airlines and their insurers in single and multi jurisdictional litigation including cargo, subrogation and catastrophe work.

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Session 12: Roundtable Discussion: The International Liability Regimes and their Impact on Airlines, Manufacturers, Insurers, Claimants & Other Victims

Session 1
Session 2
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Session 4
Session 5
Session 6
Session 7
Session 8
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Session 12