Swiss Institute of Comparative Law - Conference on International Families and Marriage

INTERNATIONAL FAMILIES AND MARRIAGE: PLANNING FOR THE GOOD TIMES AND THE BAD MARIAGE ET FAMILLES INTERNATIONALES
A conference organised by the Swiss Institute of Comparative Law (SICL) in conjunction with the STEP Association Suisse Romande
(16 November 2009 - Hotel BEAU‐RIVAGE ‐ LAUSANNE)

EARLY MORNING SESSION:
Co‐Chairmen: Dr. Eleanor Cashin Ritaine, Director SICL (Lausanne); Me. Kelly Massey‐Carlier Partner Secretan Troyanov Attorneys, Representative of Switzerland and Lichtenstein, STEP Worldwide Council (Geneva)
09:00–09:10 Welcome and Introduction
09:10‐10:30 Planning for Multinational Marriages and Civil Partnerships
Speakers: Prof. Dr. Dott. Andrea Bonomi, Director, Centre of Comparative, European and International Law, University of Lausanne - Chairman of The Hague Conference Working Group on the Law Applicable to Family Maintenance Obligations
Dr. Gian Paolo Romano Head of Private International Law, SICL - Author of numerous articles on international family conflicts of laws

The nuts and bolts of financial planning for international marriages will be set out in this opening session. The choice of the applicable law and the stipulation of a forum for dispute resolution (including ADR in so far as it is enforceable) are fundamental issues in respect of which the speakers are recognised as authoritative. The effects of European Law in cases involving Member States will be given special attention. Practical advice will be provided on the drafting of marital and partnership property agreements in such a way as to ensure validity in two or more jurisdictions concerned by an international relationship. The presentations will be followed by question time.

10:30 – 11:00 Coffee Break/Pause café

LATE MORNING SESSION:
Chairman: Dr. Lukas Heckendorn Urscheler, Head of the Legal Division SICL
11:00 – 12:45 Use of Cross‐Border Planning Structures and Vehicles
Speakers: Me. Jérôme Casey, Attorney at law, Paris – MCF University of Bordeaux – well‐known author of numerous books and articles on family, matrimonial property and succession law
Dr. Eleanor Cashin Ritaine, Director SICL – Attorney at law – MCF, University of Metz – author on subjects of transport of property and financial fiduciary relationships in France and European comparison
Mr. Martin Sychold, Esq., Head of Common Law and Mixed Legal Systems, SICL – Attorney of law, New York State, Lecturer on British Company Law at the Burgundy Business School, Dijon – Author of the monograph on Australian Private International Law in the International Encyclopaedia of Laws

Cross‐border financial planning has become a gigantic and extremely complex industry. The laws of most countries offer planners “onshore” and/or “offshore” financial structures and property holding vehicles. The speakers, who together have an extremely broad and practical overview of insurance and pension arrangements, of trust, foundation and other fiduciary structures and of companies and cross‐border vehicles, will present their uses and disadvantages. They will then answer pre‐announced and spontaneous questions from conference participants

12:45 – 14:15 Lunch/Déjeuner

EARLY AFTERNOON SESSION:
Chairman: Me. Richard Pease, Counsel Lenz & Staehelin Attorneys, Geneva, Former Chairman STEP Worldwide
14:15 – 15:15 Effects of Divorce and Dissolution on Structures and Vehicles in the EU and the USA
Speakers from:
United Kingdom – Me. Dawn Goodman, Solicitor admitted to practice in England and Wales and in the British Virgin Islands – Head of the Contentious Trust and Succession Group at Withers LLP – renowned expert on litigation involving trusts, foundations, succession and/or divorce – co‐author of Jordan’s International Trusts and Divorce Litigation
France – Me. Jérôme Casey, Attorney‐at‐law, Paris – MCF University of Bordeaux – well‐known author of numerous books and articles on family, matrimonial property and succession law
USA – Me. Warren Whitaker, Attorney‐at‐law, Partner at Day Pitney LLP, New York – Chairman of STEP USA – has great expertise in U.S. Family law issues, as well as U.S. and International Trust issues

This session will take a round table format designed to allow three respected practitioners with great practical experience in pre‐marital planning to present useful insights into the steps to be taken in cases of marital breakups: judicial procedures; attacking and defending the confidentiality of pre‐marital arrangements and marital property vehicles; foreign enforcement of financial settlement orders; modification of planning structures and tax consequences. Their presentations will be followed by responses to pre‐announced questions from the audience and then by spontaneous questions and discussion of difficult issues.

15:15 – 15:45 Coffee Break/Pause café

LATE AFTERNOON SESSION:
Chairman: Me. Richard Pease, Counsel Lenz & Staehelin Attorneys, Geneva, Former Chairman STEP Worldwide
15:45 – 16:45 Effects of Divorce and Dissolution on Structures and Vehicles in Switzerland and Overseas
Speakers from:
Switzerland – Me. Nedim Peter Vogt, Partner and Head of Private Client, Bär & Karrer Attorneys, Zurich, Lecturer in Law, University of Zurich, Author of The International Practice of Law and co‐author of International Arbitration in Switzerland
Canada – Me. Guy Fortin, General Counsel, Sanpalo Investments Corp, Montreal, Lecturer on Estate Planning and Taxation, McGill University, Member of the editorial board of the Canadian Tax Journal
Caribbean – Me. Sara Collins, Attorney‐at‐law in the Cayman Islands and British Virgin Islands Legal practitioner having practical experience with cross‐border divorce and marital property litigation

The round table session will continue with concise presentations by three additional practitioners with practical experience in pre‐marital planning from Swiss and overseas perspectives. Their presentations will again be followed by responses to pre‐announced questions from the audience and by discussion of the difficulties that arise when international marriages break up.

Scientific organisation: Dr. Eleanor Cashin Ritaine, Director SICL, Lausanne. Mr. Martin Sychold, Head of Common Law and Mixed Legal Systems SICL.
Information: Martine Do (martine.do@isdc‐dfjp.unil.ch)
Tél. +41(0)21 692 49 11 – Fax +41(0)21 692 49 49
Institut suisse de droit comparé (ISDC), Dorigny, CH‐1015 Lausanne

-Registration form [here].
-Programme [here]