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Session 11: Liability of Manufacturers of Aircraft, Engines & Component Parts

- The applicability of the Hague 1973 Product Liability Convention to US products abroad. Can this Convention be a way of obtaining the generous US measure of damages in courts outside the United States?
- Criminalization, manufacturers, and aviation safety regulators: relevant issues and State practices
- Contracts between manufacturers and operators & clauses respecting liability exclusion, exclusive jurisdiction and choice of law
- Forum Non Conveniens - Where should the case be litigated?

CHAIR: Dr. John Saba - McGill University

SPEAKERS:
- Stephan Eriksson - Advokaterna Liman& Partners AB - Powerpoint - Paper - Convention 1973
- Jean-Michel Fobe - Putzeys Shawn Coulson Alliance - PDF
- Tim Harrington - Bell Helicopter; Lycoming Engines
- Timothy Trembley - Paterson, MacDougall LLP - PDF
 

BIOGRAPHIES

John Saba

Dr. John Saba has taught and researched at the Institute of Air and Space Law for over a decade, the last few years as Adjunct Professor. The focus has been on comparative and international air law in the areas of manufacturer’s liability, accident investigation, safety and security. For over 10 years he has been Secretary-Treasurer, Director and Newsletter Editor-in-Chief of the Institute’s Alumnae/Alumni Association

Education
McGill University, Institute of Air and Space Law
• D.C.L. (Doctor of Civil Law) [1986]
• LL.M. (Master of Laws)[1982]
• Diploma in Air and Space Law [1980]
McGill University, Faculty of Law
• LL.B. (Bachelor of Laws) [1976]
McGill University, Department of Economics and Political Science
• M.A. (Master of Arts) [1975]
• B.A. (Bachelor of Arts) [1971]
Universite de Paris (Institut d'Études Politiques)
Université de Sorbonne (Paris, France)
Auditeur Libre, 1971 to 1972

Areas of Interest
Comparative and international air law in the areas of manufacturer’s liability, accident investigation, safety and security.


Stephan Eriksson
Advokaterna Liman & Partners
Stephan Eriksson
Address: Narvavägen 12
PO Box 24224
104 51 Stockholm
Sweden
Tel: (46) 8 6716021; (46) 705 142890
Fax: (46) 8 6716060
Email: stephan.eriksson@limanpartners.se
Website: www.limanpartners.se

Stephan Eriksson worked for a major Stockholm law firm until 2003, when he started his own specialist aviation law firm. In September 2007 he joined Advokaterna Liman & Partners in Stockholm. He was born in 1961 and graduated from the University of Uppsala in 1986 (Master of Laws). He has been practising law since 1987 and has been a member of the Swedish Bar and admitted to all courts since 1991. He is a member of European Air Law Association (EALA). He is also a member of The Pan-European Organization of Personal Injury Lawyers (PEOPIL) where he is the chair of the Aviation European Exchange Group. He is associate member of The American Bar Association (ABA) and American Association for Justice (AAJ). He is an adjunct professor at the Institute of Air and Space Law (IASL) at McGill University, Montreal.
He mainly focuses on aviation mass disaster liability, and has since the end of the nineties been involved in the major European aviation disasters, including the Air France Concorde flight AF 4590 air disaster in Gonesse, France on July 25 2000; the Scandinavian Airlines Flight SK 686 air disaster in Milan, Italy on October 8 2001; and the DHL/Bashkirian Airlines mid-air collision over Überlingen, Germany on July 1, 2002. During 2004 he advised the families of Flash Air regarding the air disaster in Sharm El Sheikh, Egypt on January 3 2004. He represented a majority of the families of the Helios Airways air disaster in Grammatikos Greece on August 14, 2005. He represented families in the Kenya Airways air disaster in Douala, Cameroon May 5 2007. He currently represents families in the Air France flight AF 447 air disaster off the coast of Brazil, June 1, 2009
He also handles general aviation liability regarding small aircraft and helicopters.

Jean-Michel Fobe

fobePutzeys Shawn Coulson Alliance
Av Brigade Piron laan 132
B-1080 Brussels
Belgium
Tel: +32 2 413 0044
Fax: +32 2 413 0040

Jean-Michel Fobe is a member of Putzeys Shawn Coulson Alliance, and has been member of the Belgian delegation at ICAO general assemblies, ICAO legal committee meetings, ECAC meetings and an adviser to leading aviation and space insurance companies since 1986. He holds an LLM in Air and Space Law from the McGill University, at the Institute of Air and Space Law in Montreal; a postgraduate degree in Maritime and Air Law from the Free University of Brussels; and a Law degree from the University of Leuven.

Jean-Michel has advised the International Aircraft Owners and Pilots Association, the Fédération Aéronautique Internationale, the Royal Belgian Aero Club and multinational corporations involved in the aerospace business. He has successfully defended major multinational companies in aviation disaster litigation focusing on their product liability defence coordination. He also represents international airports, aviation handling companies and airlines in regulatory, tax and customs issues.

He is the author of Aviation Products Liability (Kluwer) and articles in Air & Space Law and Lloyd's Aviation Quarterly. He was a delegate to the International Union of Aviation Insurers and the International Air Transport Association.

Jean-Michel is a member of the American Bar Association, section of international law and practice; of the ABA Forum on Air and Space Law; of the European Air Law Association; of the Brussels Air Law Forum and has been member of the Société Française de Droit Aérien et Spatial. Jean-Michel is also member of the Brussels and Paris Bar. He is past president, treasurer and webmaster of the European Alumnae and Alumni Association of the McGill Institute of Air and Space Law (www.fobe.org).


Timothy Trembley

Tim Trembley is a partner with Paterson, MacDougall LLP in Toronto. He was admitted to the Ontario Bar in 1994.  He attended the University of Toronto (B.A.Sc., Electrical Engineering, 1988) and the University of Western Ontario (LL.B., with distinction, 1992). Mr. Trembley practices primarily in the field of aviation law and products liability. His practice includes representation of air carriers, product manufacturers, maintenance organizations, as well as professional and private pilots. He has represented clients before the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Federal Court of Canada, the Canadian Transportation Agency, the Canadian Human Rights Commission and the Transportation Appeal Tribunal of Canada. 

Mr. Trembley is author of the Halsbury’s Laws of Canada title on Aviation and Space Law (published in 2009). Mr. Trembley is a member of the Canadian Bar Association, the American Bar Association Air and Space Law Section, and the Canadian Aeronautics and Space Institute.