International judicial summer camp 09


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International judicial summer camp 09

  1. 1. INTERNATIONAL JUDICIAL SUMMER CAMP 2009 Under the patronage of the United Nations Commission on International Trade Law (Working Group V: Insolvency Law) DRAFT TECHNICAL PROGRAMME 8:15 - 17:30 Wednesday 1" July 2009 Meet in hotel lobb 9:00 - 10:45 11:00-12:30 Approx. 10 min l2:30 - 14:00 14:00 - 15:20 At Clifford Chance 0 Self-introduction by participatingjudges, with brief explanation of their Court and their practice (Several minutes per judge) 0 Setting—up of mock-courts for the case studies and role plays + 1 observer Moderators: Reinhard Dammann (Clifford Chance) and Isabelle Didier (President, GRIP 21) Coffee break 0 The impact of the global crisis on the market and the increase of the number of proceedings. The rising need for judicial and professional cooperation, and innovative and valid practices in other legal systems (eg: protocols, pre-packs) International case study (part one) integrating the notions of globalisation, the optimal management of assets and the reduction of damages through the use of well-thought out options. The opening of proceedings. A question will be raised each day and the reporters of the mock courts will give their response the following day (lS' question: debate on the COMI of an intemational group with subsidiaries in various European countries. The legal firms will present arguments and gather together documents for the edification of the mock courts) Moderators: Giuseppe Farinacci, Shagun Dubey (Alix Partners) and Reinhard Dammann (Clifford Chance) Law firms will represent the parent company, one or more subsidiaries, employees, managing directors of the company (discuss the cases of “bossnapping”). Definition of the methodology of the analysis and evaluation of companies and complex assets (holdings in the companies, intellectual property. ..) applied to companies in bonis in the context of the difficulties facing international enterprises. What types of appraisal, examples, or tools? How can judges and insolvency professionals use such expertise to improve the value of the companies in difficulty that have been sold, in the interest of the creditors? Last revised on 29/06/2009 Welcome by Martin Prager Moderators: Sophie Javary (Rothschild Bank) and Nick Hood (Begbies Global Network) Representatives of the Rothschild Bank: Pedro Antonio Arias Guillaume d’Engremont Ludovic Laforge GRIP 21 wvvw. grip21 . org
  2. 2. INTERNATIONAL JUDICIAL SUMMER CAMP 2009 Under the patronage of the United Nations Commission on International Trade Law (Workin Grou V: Insolvency Law) 15:20 -15:45 Inventory and realisation of moveable and Moderator: Martin Prager (Pluta) immoveable assets of a company during a global crisis; best practices: sale by auction, websites or Marie-Francoise Robert (Auctioneer) other amicable means, from the point of view of France and Germany. 15:45 - 16:15 Transfer to Drouot Auction House 16:50 - 17:30 At Drouot Tour of Drouot and explanation of how it functions Welcome by Marie-Francoise Robert (Auctioneer) — Dinner at La Cloche d’Or Last revised on 29/06/2009 GRIP 21 wvvw. grip21 . org
  3. 3. INTERNATIONAL JUDICIAL SUMMER CAMP 2009 Under the patronage of the United Nations Commission on International Trade Law (Working Group V: Insolvency Law) 8:30 — 17:30 Thursday 2"“ July 2009 Meet in hotel lobb 9:00 - 10:30 At Hoche Société d’Avocats Moderator: Catherine Ottaway (Hoche) Marie-Christine Berneron (Regnard Guenix Beder Denfer) 0 Information systems, the state of electronic communications in the administrative management of proceedings (presentation of the U. S. ‘paperless’ system) 20 mins. Judge Leif Clark (Texas, USA) Two panels of judges (Common and Civil Law) each comprising a member of the Public Prosecutor’s Office, a Civil law attorney (Catherine Ottaway) and a Common law attomey (Robin Phelan) 0 “Role play”: The right to information by the various parties involved in proceedings (Court, Prosecutor, debtor, creditors, employees, elected officials, media. ..) and their capacity to intervene or their means of appeal Coffee break on roof-to terrace 0 Part two of the international case study: Moderator: Giuseppe Farinacci, discussion of responses to the question raised the Shagun Dubey (Alix Partners) and previous day — announcement of decisions Reinhard Dammann (Clifford chance) 10:30-10:45 10:45 - 12:30 0 Second question raised, with responses to be discussed the following day (2"" question: the realisation of subsidiaries - separate from or attached to the parent company, the need to bring new guarantees to financial backers of the reorganisation plan. ..) Lunch at Hoche on the terrace) At Denton Wilde Sapte Moderator: Constantin Achillas (Denton Wilde Sapte) and Pierre Jouglard (Denton Wilde Sapte) The mixed courts and the attorneys representing the parent company and subsidiaries. One person from each court will report back to the group. 12:30 - 14:00 14:00 - 15:45 The financial crisis impacting LBOs and non- banking financial establishments: a presentation for beginners Coffee break Constantin Achillas (Denton Wilde Sapte) and Giuseppe Farinacci, Shagun Dubey (Alix Partners) Jacques Pancrazi (European Capital) 15:45 — 16:00 16:00 - 17:30 Topic submitted by the World Bank on the issue of the insolvency of non-banking financial establishments: definition of the issue, explanation of the method of treatment put in place by US legislation, consequences for the contracting parties, impact on national and global economies Robin Phelan (Haynes & Boone) Panel of judges — Donald BRENNER (Canada), Emanuel COHEN (France) Elizabeth STONG (USA), Heinz VALLENDER (Germany) Garden a sonsored b Alix Partners (Invitations are reserved for 'ud es Last revised on 29/06/2009 GRIP 21 www.
  4. 4. INTERNATIONAL JUDICIAL SUMMER CAMP 2009 Under the patronage of the United Nations Commission on International Trade Law (Working Group V: Insolvency Law) 8:30 - 17:00 Friday 3"‘ July 2009 :1; :1 Meet in hotel lobby Participants must arrive at 8:45 for reasons of security Moderators: Anne Outin Adam (Director for Legal Issues, CCIP) and Professor Raynouard (Paris - Dauphine University and Director of the ‘Economic Efficiency of Law’ Programme for the Civil Law Initiative) and organisation. Visit of the Potocki building Welcome to the Chamber of Commerce & Industry of Paris (CCIP) by Pierre Simon, President of the CCIP and a presentation of the role of the CCIP in the drafting of commercial law Isabelle Smith Monnerville (Vaughan) 0 The various concepts of economic justice and their classification by the World Bank (Doing Business Report) 0 What are the tools and criteria of assessment? Will they withstand of the global economic crisis? 0 What effect do they have on the perception of national laws? 0 What are the impacts with regards to the economic attractivity of national territories? 0 Are we able to come up with altematives? Sabine Hertveldt (Senior Private Sector Development Specialist, Doing Business project, Intemational Finance Corporation, World Bank Group) Karin Luttikhuis, Dutch professor of commercial law Sebastian Mock, professor of commercial law at Hamburg University A and an Italian professors of commercial law Reaction of a panel of judges from those countries less highly ranked in the World Bank Doing Business 2009 _ Reort on te erforrnance of le al s stems” Yves Merlat (Judge, Evry Commercial Court) and the panel of judges 2 Moderators: Anne Outin Adam (Director for Legal Issues, CCIP) and Jean-Luc Vallens (Judge, Colmar Court of Appeals) A panel of judges: Anna Hrycaj (Pologne) Barbara Romaine (Canada), Richard Tschugguel (Autriche) A global outlook of economic justice through insolvency proceedings in Europe, the USA and Canada (interactive panel) Presentation: Mediation: a tool for the prevention of company difficulties (compared to voluntary arrangements) 41> Ad hoc mandate (counselling) (France) ‘b Another procedure (from another country) identified among comparable systems of prevention Bernard Soutumier (Adviser to the President of the Paris Commercial Court and until 2009 in charge of the prevention of difficulties facing companies at the Paris Commercial Court, Last revised on 29/06/2009 GRIP 21 www.
  5. 5. INTERNATIONAL JUDICIAL SUMIVIER CAMP 2009 Under the patronage of the United Nations Commission on International Trade Law (Workin Grou V: Insolvency Law) Henri Chriqui (Judicial Administrator), 13:00 - 14:15 Lunch at the Chamber of Commerce & Indust of Paris Bruno Berger Perrin, Fidal law firm and 14:15 - 15:45 Centre de Mediation et d’Arbitrage de Paris representative Moderators: Brigitte Petiet (Judge, Nanterre Commercial Court) and Stephen Taylor (Alix Partners) Part three of the case study: 0 The responsibility of subsidiary management (selected according to more or less strategic systems) concerning the decisions made during the period of reorganisation of the parent company. The handling of sanctions and fresh start opportunities for heads of Panel of French judges to strengthen the companies in various countries, including Canada teams of mock courts. and the USA. Comments on the European initiative. Conflict of interest in the treatment of international proceedings. Discussions by the mock-courts Plenary Session 0 Regrouping of judges. A summary of results will be prepared by a member of a law firm and will appear in the booklet to be published after the workshop. Coffee break Corporate and professional responsibility Moderator: Isabelle Didier (President of (comparison of Civil and Common law — subject of GRIP 21) the latest III conference) 15:45 - 16:00 16:00 - 17:00 0 Who does the attomey represent, the company or the directors/ officers? Many times those lines get blurred in reality. 0 What does a lawyer need to do to make clear who he represents and at what point in discussions does he need to make the directors/ officers aware of the distinction? 0 How does the attorney do this without totally alienating his own client? 0 If the Company's attomey fails to timely clarify who he represents (company vs. individual director), can the director state a claim for malpractice against the attomey? 0 Does the Company attomey have an affirmative duty to advise the individual directors/ officers that he needs independent counsel? 0 At what point do discussions between the directors/ officers and the company attorney go outside the protections of the attomey-client rivile e (on the remise that the Com an attorne Last revised on 29/06/2009 GRIP 21 www. grip2l . org
  6. 6. INTERNATIONAL JUDICIAL SUMMER CAIVIP 2009 Under the patronage of the United Nations Commission on International Trade Law (Working Grou V: Insolvency Law) doesn't represent the D/ O individually)? 17:00 — 17:15 Guillaume Cornu (Deloitte) 17: 15 Summary and conclusion of the 2009 Summer Camp 20:00 Dinner at the Restaurant du Palais Royal to be sonsored b Deloitte Last revised on 29/06/2009 GRIP 21 www.
  7. 7. INTERNATIONAL JUDICIAL SUMMER CAMP 2009 Under the patronage of the United Nations Commission on International Trade Law (Working Group V: Insolvency Law) Contact details of session hosts: CHAMBRE DE COMMERCE ET D’INDUSTRIE DE PARIS 27 avenue de Friedland 75008 PARIS Métro : Charles de Gaulle Etoile (line 6) Contact : Anne OUTIN ADAM : acoutin-adam@ccip. fr ht : www. cci 75.cci . fr Cabinet CLIFFORD CHANCE 9 place Vendome 75001 PARIS Métro : Tuileries or Concorde (line 1) Tél. : +33 144 05 52 52 Contact : Reinhard DAMMANN : reinhard. dammann@cliffordchance. com ht : www. cliffordchance. com Cabinet DENTON WILDE SAPTE 5 avenue Percier 75008 PARIS Métro : Miromesnil (line 9) Tél. : +33 153 05 16 00 Contact : Constantin ACHILLAS : Constantin. achil1as@dentonwi1desapte. com http: [[www. dentonwildesapte. com Cabinet HOCHE 106 rue de la Boétie 75008 PARIS Métro : Saint Philippe du Roule (ligne 9) Tél. : +33 153 93 22 00 Contact : Catherine OTTAWAY : ottaway@hocheavocats. com ht : www. hocheavocats. com HOTEL DES VENTES DROUOT 9 rue Drouot 75009 Paris Métro : (line 7) Contact : Marie-Francoise ROBERT : art—auction-robert@wanadoo. fr ht : www. drouot. com Last revised on 29/06/2009 GRIP 21 wvvw.