Aviation

Publication | January 2015
Aviation

Aviation is a fast moving industry. Regulations, markets, business collaborations and technologies are constantly changing. As a result, the challenges and risk management issues that clients are facing today are increasingly complex.

Our global aviation team is one of the world’s leading aviation practices, offering our clients in-depth sector knowledge and extensive experience around the globe. We handle all types of dispute resolution, regulatory, insolvency and risk advisory work for a variety of aviation interests – airlines, lessors, financiers, airports, manufacturers and insurers. We have extensive experience of defaults and disputes in numerous jurisdictions around the world, a truly global insurance practice and both contentious and non-contentious regulatory experience.

This Aviation Dealing with Risk series aims to provide you with some practical steps and pointers on dealing with risk in the aviation industry, covering airline insolvency, jurisdiction risk, repossession, sanctions and business ethics and anti-corruption.

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We advise on a range of risk management issues and deal with complex contractual issues, including:

  • Advising on matters associated with aircraft leasing and financing such as the enforceability of letters of intent and MOUs, advising on PDP disputes with banks and manufacturers, and on purchase contract issues for all aircraft types such as warranty claims, disputes with manufacturers concerning defects in aircraft parts or equipment, delayed delivery claims.
  • Advising lessors, banks and airlines on default and enforcement issues including drafting grounding notices, lease termination, loan acceleration, mortgage enforcement notices and repossession either by way of selfhelp or court order in numerous jurisdictions around the world.
  • Dealing with disputes with MROs arising from maintenance issues, liens and “power by the hour” agreements between airlines and MROs.
  • Dealing with redelivery disputes concerning the condition of the aircraft at the end of the lease as well as following repossession.
  • Advising on and dealing with claims by third party lien holders including MROs, statutory authorities, airports wand Eurocontrol.
  • Advising airports on claims arising from damage to aircraft, liens and insolvency issues
  • Advising airlines on passenger and cargo claims handling procedures and drafting ticket conditions to comply with current Warsaw/Montreal provisions.
  • Advising on a wide range of sanctions related issues that impact on the aviation industry.
  • Advising debtors and creditors in airline insolvencies on a range of issues including the interaction of different insolvency regimes, the rights of lien holders and lessors/mortgagees.
  • Advising on the implications of both lessee and lessor default in structured finance transactions.
  • Advising airlines on a wide range of regulatory issues – domestic, EU and international regulation, licensing and bonding.
  • Dealing with passenger related issues such as Regulation 261 and other passenger claims, booking terms and conditions.
  • Advising on competition issues – ground handling and service supplier matters, state aid challenges, market access, ownership and control and cartel investigations.
  • Acting for airlines and underwriters on liability issues including total and partial losses, passenger claims and coverage disputes.
  • Advising on jurisdiction and dispute resolution clauses and other boilerplate provisions.

Contacts

KC Lye

KC Lye

Singapore