Credit Insurance Working Party

1. Credit Insurance Working Party AIDA WORLD CONGRESS 2010 Paris – 19 May Co-chairmen: Professeur Jérôme Kullmann & Louis Habib-Deloncle, Chairman of Garant

2. Credit Insurance Working Party 19 May, 2010 • WP Agenda: 2nd session • INTRODUCTION • PRESENTATIONS • Moderator: Diana Cerini • Validity of the Credit Insurance policy in the eyes of the duty of full disclosure and of the payment of the premium - confrontation between French Law and the Common Law by Me Bernard Mettetal • « Due diligence » and the waiting period by Glenn Sexton • Financial Regulation Against Criminal Behavior in the US and Europe: Questions for Credit Insurers by Hans Londonck Sluijk

3. Credit Insurance Working Party 19 May, 2010 Biographies speaker Bernard MettetalGérard Honig was admitted to the Paris Bar in 1970. Co-founder of the law firm Honig Buffat Mettetal in 1979, he was senior partner of the Paris law firm Clyde & Co, which was created following two successive mergers: in 2001 between Honig Buffat Mettetal and Duprey Preel Coulon (renamed HPMBC) then in May 2002 between HPMBC and the international law firm Clyde & Co. He is now senior partner of HMN & Partners (HONIG METTETAL NDIAYE), since May 1st, 2006. He specializes in insurance and reinsurance law, industrial risks, construction, product liability, marine, aviation and space law, professional liability and arbitration. He is acting as ICC arbitrator and is a member of the French ICC committee (ICC arbitration and Commission on maritime and surface Transport). He is also a member of the IBA and co-founder of CEFAREA (Insurance and Reinsurance Arbitration Centre). ExpertiseProduct liability - management of numerous litigations and ICC arbitration cases in France and worldwide, including: high profile class actions against a French pharmaceutical company in North America, proceedings brought after the Concorde crash, various litigations and arbitration proceedings involving a major aircraft manufacturer case management relating to industrial risks on European level. Education University of Paris II (MA in law, 1969; D.E.S., private law, 1970). University of New York (M.J.C., comparative law, 1974).

4. Credit Insurance Working Party 19 May, 2010 Biographies speaker Glenn Sextonjoined Export Credits Guarantee Department in March 1970 and trained as a Short Term Underwriter. Joined The General Electric Company, p.l.c. in 1979 to head their Export Credit office and left to join American International Group (AIG) as a Senior Underwriter in the Trade Credit Department in 1986. At AIG, Glenn was responsible for opening new markets for trade credit insurance in Scandinavia, Israel and Eastern Europe after the fall of Communism. Apart from a portfolio of trade credit export policies, Glenn had authority as a Slip Underwriter including Lloyds Syndicates and Companies Combined Slips. Latterly, Glenn was Compliance, Procedures and Training Officer for Trade Credit in London and was a leader in the team which closed one of the largest trade credit deals written in London. He was also convenor and editor of the first on-line training project for trade credit insurance under the auspices of the Association of British Insurers (ABI) and the Institute of Credit Management (ICM). He retired from AIG (now Chartis) in January 2009. Since retirement, Glenn has continued as a training consultant to the ABI Trade Credit Committee and has assisted ICM in the development of new trade credit courses. He has developed and presented training courses for insurance brokers and has published several articles on trade credit insurance topics. Glenn has a Diploma in Management Studies from Westminster University and a Masters in Business Administration from Cass Business School.

5. Credit Insurance Working Party 19 May, 2010 Biographies speaker Hans Londonck Sluijkis the head of Houthoff Buruma's corporate and commercial litigation practice. He specializes in corporate litigation, insurance law, the liability of directors and officers, professional liability and insolvency litigation. He is an expert in international insurance and reinsurance issues. Hans Londonck Sluijk has been active in the insurance industry for over 15 years. Heading the firm’s Insurance Industry Group, he specializes in international insurance and reinsurance issues with a particular focus on D&O, E&O and Financial Lines in general. In these areas Hans represents international insurance companies and their insured in complex multi-party litigation. He is graduated from the University of Amsterdam in 1992 with a degree in Dutch Law. He also has a degree in political, social and cultural studies from the same university. In 1996 and 1997, he completed two postgraduate Grotius programmes. He joined Houthoff Buruma in 1992 and has been a partner since 2001. Hans Londonck Sluijk is Hans is cited in Chambers Europe, Legal 500 and Who’s Who legal reference guides as a leader in the field of insurance and reinsurance in the Netherlands. In Chambers 2009 Hans Londonck Sluijk is recognized as "the major authority in the Netherlands for high-value D&O claims.“ Hans Londonck Sluijk frequently lectures on issues relating to corporate litigation, insurance and reinsurance. He also publishes articles in these areas. He is the editor of several legal periodicals and is secretary to the Disciplinary Tribunal of the Actuarieel Genootschap (Dutch Actuarial Association). Hans Londonck Sluijk is a member of the IBA Insurance Committee and sits on the board of the Dutch chapter of AIDA, the Nederlandse Vereniging van Verzekeringswetenschap

6. Credit Insurance Working Party 19 May, 2010 Biographies speaker Professor Diana Cerini is Associate Professor of Comparative Law in the Faculty of Jurisprudence at the Universita degli Studi in Milan. She is also Professor in charge of European Insurance Law at the University of Castellanza. A qualified lawyer, Diana has been lecturer and director of many research programs as well as visiting professor at many overseas universities and has had numerous books, articles and research papers published within the field of insurance and reinsurance law.

7. Credit Insurance Working 19 May 2010 Papers received: • The English Legal View of Trade Credit Insurance – • A Practitioner’s View by Glenn Sexton; • Information on the Austrian Law on Credit Insurance – • by Dr. Erhard Boehm • Information on the Argentina Law on Credit Insurance and related cases studies – • by Dr. Pablo S. Cereijido Papers available to download from the related Credit Insurance WP web page at www.aida.org.uk (Coming soon)

8. Credit Insurance Working Party 19 May 2010 Call for papers: • Where to buy credit insurance? Location of the risk or location of the Insured? • Conflict of the juridiction between country of risk and domiciliation of the Insured – Concept of Group policies • Euler-Hermes in India: study case • Use of the concept of « non-insured event » • Do national European legislations consider the Insured as a • « weak party » or not?

9. Credit Insurance Working Party 19 May 2010 Questionnaire: The Working Party has decided to conceive a questionnaire on key areas of credit insurance law. The document will be downloaded by clicking on the credit insurance working party’s link in September. We suggest to appoint an editor to draw each questionnaire’s responses together to form a Report to be published.

10. Credit Insurance Working Party 19 May 2010 Sub-committees: To date, very few members have expressed their choices to join one or more specific sub-commitees. For recall: First sub-Group: Legislation and regulation in Credit Insurance: comparative studies. This group will address all issues relating to the status of the credit insurance in the general insurance law. In a second step, we could enlarge the discussions to the conflicts of laws, such as the conflict between the European Law and national laws. Second sub-group: Bankruptcy Laws and Jurisprudence in Countries. We will handle issues facing the notion of “privileged” debtor, the status of the public Debtor, the settlement of protective measures… Third sub-group:  The principles ruling the Contract in Credit insurance laws. This sub-group will encompass issues such as the declaration of risk, the effect of misrepresentation, the due diligence, the subrogation rights, the disputes and recoveries…

11. Credit Insurance Working Party 19 May 2010 Next meeting: 10-11-12 November 2010 – LISBON (Portugal) (TO BE CONFIRMED)