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Schedule

The presentations are divided into three sections, times provisional:

9:30-10:45 a.m. The morning session begins with a discussion of the HIH case itself.  Edward Janger considers the difficulties of achieving the universalism that the judgment of Lord Hoffman found in English common law, while Jose Garrido offers a commentary that supports the universalist approach.
11 a.m.-12:15 p.m. The morning’s second session is devoted to the Great Priority, security interests in the debtor’s assets.  Ian Fletcher considers the problem from the perspective of the secured creditor while Leif Clark presents a less traditional approach.
1:30-4:30 p.m. The afternoon session is devoted to possible solutions to the priority dilemma. Allan Gropper offers an approach which emphasizes that the debtors in a successful cross-border case may have to satisfy claims that are not entitled to priority (or secured status) in the primary jurisdiction of filing, but may be entitled to such treatment in the jurisdiction where the claims arose or where relevant property (or collateral) is located, and that domestic law in the jurisdiction of filing should permit this. John Pottow proposes a unique solution to the priority problem. Jay Westbrook provides a different slant including suggestions of new international initiatives that might be undertaken. Our Chair, Lord Hoffman, concludes the symposium with a summary and commentary.
7 p.m. Dinner