On Friday, March 23, 2018, NatLaw organized a workshop in Mexico City together with the International Institute for the Unification of Private Law (UNIDROIT) and Mexico’s Ministry of the Economy, with the theme “Modernizing the National Legal Framework to Facilitate Access to Credit and Promote Economic Development.” The workshop featured speakers from NatLaw, the U.S. State Department, and UNIDROIT. NatLaw’s Executive Director, Dr. Marek Dubovec, delivered presentations on the features and benefits of the United Nations Convention on the Assignment of Receivables in International Trade and the interaction between warehouse receipts and secured transactions laws. Mr. Adalberto Elias, NatLaw’s Supervising Research Attorney, made presentations on the Mining, Agriculture and Construction (MAC) Protocol to the Cape Town Convention and the inconsistencies between Mexico’s legal framework and the UNIDROIT Intermediated Securities instruments. Stakeholders from the public and private sectors attended the workshop. See below for topics discussed at the workshop:

 

 Overview of Instruments Complementary to a Secured Transactions Reform.

Discussion on topics relevant for a successful secured transactions reform, including intermediated securities, insolvency, and leasing laws.

  • Marek Dubovec, Executive Director, National Law Center for Inter-American Free Trade (NatLaw);
  • Elsa Regina Ayala Gómez, Director-General of Commercial Regulation, Mexico’s Ministry of Economy.

 

United Nations Convention on the Assignment of Receivables in International Trade

Convention’s fundamental features, benefits and complementarity with national law.

  • Mike J. Dennis, Senior Attorney-Advisor, Office of Legal Adviser, U.S. Department of State.

 

The Cape Town Convention and its Protocols

This discussion focused on the fundamental characteristics of the Cape Town Convention and its Aircraft and Railway Rolling Stock Protocols, their benefits, and interaction with national legislation.

Moderator: Prof. Jorge Sánchez Cordero Dávila, Member, UNIDROIT’s Governing Council

Panelists:

  • William Brydie-Watson, Legal Officer, International Institute for the Unification of Private Law (UNIDROIT);
  • Carlos Sierra, Partner, Abogados Sierra S.C. and Chair of the Legal Advisory Panel of the Aviation Working Group

 

The Mining, Agriculture, and Construction (MAC) Equipment Protocol to the Cape Town Convention

This Panel provided an overview of the MAC Protocol project at UNIDROIT, including its current status. Results of private and public sector outreach activities in some Latin American jurisdictions on the topic of the MAC Protocol was also presented.

  • William Brydie-Watson, Legal Officer, International Institute for the Unification of Private Law (UNIDROIT);
  • Adalberto Elías, Supervising Research Attorney, National Law Center for Inter-American Free Trade (NatLaw).

 

Private Sector Involvement in the Design of the MAC Protocol: MAC Working Group

This Panel covered the private sector perspective and involvement on the MAC Protocol project.

  • William Brydie-Watson, Legal Officer, International Institute for the Unification of Private Law (UNIDROIT);
  • Alejandro Landa Thierry, Partner, Holland & Knight LLP and MAC Working Group Member.

 

UNIDROIT’s Instruments on Intermediated Securities

This panel covered the recently adopted UNIDROIT Legislative Guide on Intermediated Securities, which synthesizes the key principles and rules of the UNIDROIT Convention on Substantive Rules for Intermediated Securities. It also briefly covered some of the inconsistencies between these international instruments and applicable Mexican law.

  • Marek Dubovec, Executive Director, National Law Center for Inter-American Free Trade (NatLaw);
  • Adalberto Elías, Supervising Research Attorney, National Law Center for Inter-American Free Trade (NatLaw).