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University of Arizona, James E. Rogers College of Law, Tucson, AZ
- Doctor of Juridical Science (S.J.D.), 2009
- Dissertation: The Law of Commercial Accounts Relationships
- Master of Laws (LL.M.) in International Trade Law, 2004
- Master’s Thesis: Air Waybill and the CMR Consignment Note in International Transactions
University of Matej Bel, College of Law, Banská Bystrica, Slovakia
- Magister of Law (Mgr), 2003
Professional Work Experience:
Kozolchyk National Law Center,Tucson, AZ (NatLaw)
- Executive Director, 2017 – present
- Senior Research Attorney, 2011 – 2017
- Consultant and Secured Transactions Expert, 2010 – present: Consultant to the World Bank Group, Washington D.C., working on reform of secured transactions laws in Bangladesh, Belarus, Chile, Colombia, Ethiopia, Georgia, Ghana, Liberia, Indonesia, Malawi, Nigeria, Peru, Sierra Leone, South Sudan, the Philippines, Zambia, and Zimbabwe, viability of a commodity exchange in China, protection of IFC investments in Burundi, Chad, Rwanda, South Sudan and Zambia, and authored the IFC Secured Transactions, Collateral Registries and Movable Asset-Based Financing Knowledge Guide 2.0; Consultant to the Financial Sector Deepening (FSD) Trust of Kenya on collateral reform project, 2014 – present; Consultant to FSD Uganda on drafting of the Collateral Registry Regulations, 2018; Consultant to Chemonics Inc. on assessment of secured transactions regimes in the Middle East and North Africa, 2016; Consultant to PRAGMA on collateral reform project in Tunisia, 2016; Consultant to GIZ Mozambique on collateral reform project, 2014 – 2015; Consultant to the Malawi Ministry of Agriculture, 2014, on review of agricultural laws relating to production, distribution, marketing, and financing of agricultural commodities; and Consultant to the World Bank Group on drafting of the secured transactions bill for Pakistan, 2014 – 2015.
- Visiting Scholar, Bank of Japan, 2019: conducting research on the impact of public credit guarantee schemes
- Secured Transactions Project Coordinator, 2007-2011: The Reform of Secured Lending Legal Framework in Honduras
- Research Attorney, 2004 – 2007
University of Arizona, James E. Rogers College of Law, Tucson, AZ
- Visiting Professor, Spring 2014; Teaching the courses “Secured Transactions” and “International Commercial Transactions”
University of Arizona, James E. Rogers College of Law, Tucson, AZ
- Professor of Practice, Spring 2010 – present; Teaching the courses “Secured Transactions” and “International Commercial Transactions”
University of Puerto Rico, School of Law, San Juan, Puerto Rico
- Visiting Professor, Summer 2007; Taught the course “Modern Financial Contracts”
Other Relevant Experience:
United Nations Commission on International Trade Law
Delegate of NatLaw
- Working Group VI on Security Interests, 2005 – present
- Working Group V on Insolvency Law, 2008
International Institute for the Unification of Private Law (UNIDROIT)
Delegate of the National Law Center
- The MAC Protocol Committee of Governmental Experts, 2017 – present
- Best Practices for Electronic Registries, 2019 – present
Organization of American States
Delegate of NatLaw
- CIDIP-VII Seventh Inter-American Specialized Conference on Private International Law, October 7 – 9, 2009
- CIDIP-VII Working Group on Electronic Registries Implementation of the Model Inter-American Law on Secured Transactions, 2006 – 2007
United Nations Economic Commission for Europe
Delegate of NatLaw
- Third International Forum on Trade Facilitation, “Paperless Trade: Building a Roadmap for Efficient and Secure International Trade”, Geneva, June 2005
United States Agency for International Development (USAID)
- Reform of Mexican Law on Secured Transactions, Grupo de Trabajo II: Registro de Garantías, August 2007
LCVIEWS: International Magazine for and by LC Specialists
Contributing Editor, 2005 – 2009
The Commercial Finance Association Special Recognition Award of Leadership in the Development and Adoption of Modern and Effective Secured Transactions Laws (2016)
The Munger Prize for Scholars in International and Business Law, James E. Rogers College of Law (2004)
II Conference on Coordinating Secured Transactions Law Reforms: Advancing Global Reforms and Building a Uniform System, Universidad Carlos III de Madrid (Spain), October 16-17, 2018.
Secured Transactions Coordination Conference: Advancing Global Reforms, University of Pennsylvania Law School, February 9-10, 2017.
- “Best Practices for Electronic Collateral Registries.” Speaker at UNIDROIT 3rd Workshop on Best Practices in the Field of Electronic Registry Design and Operation, Rome (Italy), April 8-9, 2019.
- “Focus on Secured Transactions: Coordination and Intersection with Related Areas.” 10th Transnational Commercial Law Teachers Conference, Universidad Carlos III de Madrid (Spain), October 18-19, 2018.
- “Analysis of Modern Principles of Secured Transactions Law” – Speaker, and “Regulatory Treatment of Secured Loans in the Era of New Technologies” – Moderator. Secured Transactions Law Reform: Globally and in Japan, Tokyo (Japan), July 30-31, 2018.
- “Pakistan & Bangladesh.” Speaker at the Secured Transactions Law in Asia Conference, the National University of Singapore, July 26-27, 2018.
- “Secured Transactions Reforms from Two Perspectives: The Cape Town Convention and Domestic Laws.” Speaker at the Development Finance in Emerging Markets: Challenges, Innovations, and Results, Queen Mary, University of London, in association with Commercial Law Center, Harris Manchester College, University of Oxford, April 13-15, 2018.
- “The Development, Use and Potential Regulation of Fintech and Digitalized Movable Assets” and “Coordinating with Other Related Instruments.” Speaker at the APEC Workshop on Secured Transactions: Best Practices for Dynamic Business Growth, Mexico City (Mexico), March 21-22, 2018
- “Bigger than the Internet: How Blockchain is Transforming Global Business.” Speaker at CLE Breakfast Presentation by the Business Law & International Law Sections of the Arizona Bar Association. Phoenix (U.S.), November 15, 2017.
- “Accessions and Non-accessions under the Cape Town Convention: Special Features under the MAC Protocol.” Speaker at 6th Annual Conference of the Cape Town Convention Academic Project. Oxford (UK), September 12-13, 2017.
- “Coordinating Secured Transactions Law and Capital Requirements.” Speaker at the 50th UNCITRAL Congress, Modernizing International Trade Law to Support Innovation and Sustainable Development. Vienna (Austria), July 4-6, 2017.
- “Blockchain and UNCITRAL Instruments on Security Interests.” Speaker at the 50th UNCITRAL Congress, Modernizing International Trade Law to Support Innovation and Sustainable Development. Vienna (Austria), July 4-6, 2017.
- “Warehouse Receipts Financing” and “Technical Assistance in Secured Transactions: Coordination and Cooperation with Other Organizations.” Speaker at the Fourth International Colloquium on Secured Transactions. Vienna (Austria), March 15-17, 2017.
- “A Comprehensive Approach to Secured Transactions Reform” and “Status of Secured Transactions Reform in the MENA Region.” Speaker at Middle East and North Africa Secured Transactions Workshop. Nicosia (Cyprus), March 13-14, 2017.
- “Problems in Coordination, Implementation, and Quality of Reforms” and “Improving Coordination and Implementation: Lessons Learned, Next Steps and The Path Forward.” Co-Chair, Moderator and Speaker at the Secured Transactions Coordination Conference: Advancing Global Reforms. Philadelphia, February 9-10, 2017.
- “The Importance of Secured Transactions Law Reform.” Speaker at the MAC Protocol-Symposium for UNIDROIT Member States and States Parties to the Cape Town Convention, UNIDROIT, Rome, Italy, December 2, 2016.
- “Secured Lending Developments Throughout the World.” Speaker at the 10th Annual International Lending Conference, Commercial Finance Association. London, U.K. May 10-12, 2016.
- “Role of Central Banks in Secured Lending.” Speaker at the 5th Financial Infrastructure and Risk Management Training. Rabat, Morocco. September 22-25, 2014.
- “Financing of Mining, Agricultural and Construction Equipment.” Presentation to the Board of Directors of the World Farmers’ Organisation. Buenos Aires, Argentina. March 25, 2014.
- “Efectos del Nuevo Régimen de Garantías Mobiliarias en el Acceso al Crédito.”XII Congreso Derecho Financiero. Cartagena, Colombia.August 22-23, 2013.
- “Microloans and the Function of Collateral.” Panel Memberat UNCITRAL International Colloquium on Microfinance. Vienna, Austria. January 16-18, 2013.
- “Legal Framework“ and “Secured Transactions and Collateral Registries Enforcement.” Speaker at Secured Transactions and Collateral Registries Peer to Peer Learning Event. Accra, Ghana. July 3-5, 2012.
- “Secured Transactions Registries in the International Context” (In Spanish). Training Instructor for Judges of the Superior Court of the Federal District of Mexico. Federal District, Mexico. May 7-9, 2012.
- “Registration of Immovables” and “Legal Approach.” Speaker at FinNet 2011 – International Finance Corporation of the World Bank Group Annual Conference. Mumbai, India. November 14-17, 2011.
- “Secured Transactions Reforms in Latin America.” Keynote Speaker at the 125th Anniversary of Externado University Colombia. Bogotá, Colombia. October 4, 2011.
- “Borrowers and Lenders Act.” Guest Speaker at Stakeholders Group Meeting for the International Finance Corporation. Accra, Ghana. June 16, 2011.
- “Experiences in Drafting Secured Transactions Laws and Regulations.” Moderator at the World Bank Group’s Financial Infrastrure Week 2011. Rio de Janeiro, Brazil. March 14-17, 2011.
- “A New Article 9 and Registry for the Americas – Enhanced Access to Commercial Credit and Opportunities for Arizona Lawyers and Bankers in this New Cross-Border Environment.” Presentation at Arizona Law Day CLE Program. Scottsdale, Arizona. December 9, 2010.
- “Registry of Security Interests for Honduras.” SpeakeratFinNet 2010 Access to Finance 2.0 – Financial Inclusion for Development – International Finance Corporation of the World Bank Group Annual Conference.Washington D.C. October 19-20, 2010.
- “Modernizing Secured Lending in Latin America.” Pannelist for2010 Annual Convention of the Arizona Bar Association. Glendale, Arizona. June 9-11, 2010.
- “Secured Transactions Registries, Current Landscape and Reform Projects in Latin America.” Pannelist at the 33rd Annual Conference of the International Association of Commercial Administrators. Austin, Texas. May 23-27, 2010.
- “Registries of Security Interests.” Pannelist at Conferencia Centroamericana Sobre Registro de Garantías Reales Mobiliarias, Factoraje, Comercio Electrónico y otras Reformas al Derecho Comercial, Tegucigalpa. Tegucigalpa, Honduras. February 28-29, 2008.
- Secured Transactions Reform in Africa, co-authored with Prof. Louise Gullifer (Hart Publishing, forthcoming 2019).
- A Guide to the Personal Property Security Act: The Case of Malawi (Pretoria University Law Press 2015).
- The Law of Securities, Commodities and Bank Accounts: The Rights of Account Holders, (Edward Elgar 2014).
- Some Thoughts (and Facts) about the Process of Secured Transactions Reform, with Special Emphasis on Registration, the Key to Achievement of Reform’s Goals, in International and Comparative Secured Transactions Law (eds. Spyridon V. Bazinas & Orkun Akseli, 2017) (with Harry C. Sigman).
- Secured Transactions Reform in Malawi – The 2013 Personal Property Security Act, in Secured Transactions Law Reform: Principles, Policies and Practice (eds. Louise Gullifer & Orkun Akseli, 2016) (with Cyprian Kambili).
- Fundamentals of Taking Security Interests in Bank Accounts, 326 in Research Handbook on Secured Financing in Commercial Transactions (ed. Frederique Dahan, Edward Elgar 2015).
- Securities Holding Patterns and Their Impact on the Rights of Securities Holders: Lessons for Developing Nations, 213 in Latin American Company Law from a Comparative and Economic Development Perspective, (Carolina Academic Press 2013).
- Global Regulatory Standards and Secured Transactions Law Reforms: At the Crossroad between Access to Credit and Financial Stability, 41(3) Fordham International Law Journal 531 (2018) (with Giuliano G. Castellano).
- Credit Creation: Reconciling Legal and Regulatory Incentives, 81 Law & Contemporary Problems 63 (2018) (with Giuliano G. Castellano).
- The Challenges of the Mexican Intermediated Securities Holding System and Opportunities for Modernization, 19 Oregon Review of International Law 93 (2018) (with Adalberto Elias)
- A Proposal for a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country, 18(2) Wyoming Law Review 475 (2018) (with William H. Henning and Susan M. Woodrow).
- Accessions and (Non)accessions under the Cape Town Convention: Special Focus on MAC Equipment, 6 Cape Town Convention 52 (2018)
- Bridging the Gap: The Regulatory Dimension of Secured Transactions Law Reforms, 22(4) Uniform Law Review 663 (2017) (with Giuliano G. Castellano).
- Proposal for an UNCITRAL Model Law on Warehouse Receipts, 22(4) Uniform Law Review 716 (2017) (with Adalberto Elias).
- A Proposal for UNCITRAL Future Work: Coordinating Secured Transactions Law and Capital Requirements (with Prof. Giuliano Castellano), forthcoming in volume of papers selected by the United Nations Commission on International Trade Law (UNCITRAL) to commemorate its 50th anniversary (July 2017)
- More Good News from Cape Town: How the New MAC Protocol Will Benefit the Mining, Agriculture and Construction Industries, 35(1) Journal of Equipment Lease Financing (2017) (with Phillip L. Durham).
- The Mining, Agricultural and Construction Equipment Protocol to the Cape Town Convention Project: The Current Status, 21 Uniform Law Review 332 (2016) (with Charles W. Mooney & William Brydie-Watson)
- Using the UNCITRAL Legislative Guide as a Tool for a Secured Transactions Reform in Sub-Saharan Africa: The Case of Malawi, 30(2) Arizona Journal of International & Comparative Law 163 (2013).
- Reforming Secured Transactions Laws in Africa: The First African Collateral Registry in Ghana, 45(1) UCC Law Journal 77 (2013).
- UCC Article 9 Filing System for Latin America, 28(1) Arizona Journal of International & Comparative Law 117, (2011); reprinted in Spanish in Dirección General de Normatividad Mercantil de la Secretaría de Economía, Compilación de Garantías Mobiliarias: México 3.7 (November 2012).
- Adoption of the OAS Model Law and Registry Regulations in Honduras: The Secured Transactions Reform Implementation Guide, 43(4)UCC Law Journal 825 (Fall 2011).
- The Problems and Possibilities for Using Electronic Bills of Lading as Collateral, 23(2) Arizona Journal of International & Comparative Law 437 (Spring 2006); reprinted in The Icfai University Journal of Banking Law (India), Vol. VI, No.3, 40 (July 2008) and in Prasad P. Satyanarayana, Trade and Documents: Limits and Limitations, The Icfai University Press (India, 2008).
- Intermediated Securities: Legal Problems and Practical Issues, edited by Louise Gullifer and Jennifer Payne, 22(7) International Company and Commercial Law Review 229-230 (2011).
- The Banker’s Remedy of Set-Off, by Sheelagh McCracken, 26(5) Journal of International Banking Law and Regulation 255-256 (2011).
- Lender Claims, edited by Hugh Tomlinson and Thomas Grant, 26(2) Journal of International Banking Law and Regulation 100-101 (2011).
- Securitization Law and Practice in the Face of the Credit Crunch, by Jan Job de Vries Robbé, 25(1) Journal of International Banking Law and Regulation 46-47 (2010).
- International Financial Instability, Global Banking and national Regulation, edited by Douglas D. Evanoff, George G. Kaufman and John R. LaBrosse, 25(4) Journal of International Banking Law and Regulation 200 (2010).
- Harmonization of Securities Law: Custody and Transfer of Securities in European Private Law, byMatthias Haentjens, 24(5) Journal of International Banking Law and Regulation 282 (2009).
- NatLaw’s Executive Director, Dr. Marek Dubovec, Delivers Lecture at UNCITRAL 50th Anniversary Congress
- Sierra Leone Launches Collateral Registry with NatLaw’s Assistance
- NatLaw Convenes First International Secured Transactions Coordination Conference
- NatLaw’s Senior Research Attorney, Dr. Marek Dubovec, Delivers Lecture at UNIDROIT’s MAC Protocol – Symposium for UNIDROIT Member States and States Parties to the Cape Town Convention on the Importance of Secured Transactions Law Reform
- Commercial Finance Association Annual Convention Honors NatLaw’s Dr. Boris Kozolchyk and Dr. Marek Dubovec