Catch Me If You Can: Prelude To An Aircraft Repo
Aviation leasing is a study in the notion that where there is reward, there is risk (which is to say that, sometimes, return on capital becomes more about return of capital)17/05/2017
Aviation
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Recent Amendments to the Malta Aircraft Registration Act
In 2010 Malta embarked on an ambitious project to introduce the Aircraft Registration Act (the “ARA”) and to accede to the Cape Town Convention and its Aircraft Protocol03/01/2017 Matthew Xerri, GANADO Advocates, Malta
Cape Town Convention and its implementation in the United Kingdom
At long last, the United Kingdom has finally adopted the Cape Town Convention which came into force on 1st November 20153-D Printing: The Future of Aircraft Manufacturing
Technological Breakthroughs and Litigation Risks of 3-D Printing24/05/2016 David J Harrington, Condon & Forsyth, US
Aircraft Security Registrations in Canada: General Overview and Recent Changes
The perfection of security interests in aircraft in Canada is a two-prong process24/05/2016 Carlo Vairo, Dentons, Canada Alessandro Bozzelli, Dentons, Canada
The cost of EC261 and how to minimise it
Few would have thought, when it became law in 2004, that the Denied Boarding Regulation EC 261, which started life as a deterrent to stop airlines operating within and out of the EU from overbooking or cancelling flights for commercial reasons, would be progressively extended into the financial and...24/05/2016 Robin Springthorpe, Norton Rose Fulbright, United Kingdom
Aircraft Ownership – The Irish Connection
Ireland is a leading jurisdiction for aircraft finance and leasing transactions, with almost 50% of the worldwide commercial aircraft fleet leased or managed through Ireland and thousands of aircraft held by and funded through special purpose vehicles (SPVs)24/05/2016 Donna Ager, Maples and Calder, Ireland Suzanne Hannon, Maples and Calder, Ireland
China - Recent Major Legal Development
Certain legal development in China may have an impact on aircraft financing transactions24/05/2016 Allen Ng, Baker McKenzie, Hong Kong Grace Li, Baker McKenzie, Hong Kong
It’s Easier Than Ever to Fly in Australia
Recent developments in Australia’s aviation space are making it easier to fly, both for potential passengers and for the airlines that service them24/05/2016 Matthew Brooks, HWL Ebsworth Lawyers, Australia
What does the Cape Town Convention mean for the UAE?
International Interests
The Convention on International Interests in Mobile Equipment and its Protocol on Matters Specific to Aircraft Equipment, each dated 16 November 2001 (together the Cape Town Convention), were intended to standardise aviation finance transactions. To achieve this objective,...
18/06/2015 Paul Jarvis, Dentons, United Arab Emirates Andrew McMullan, Dentons, United Arab Emirates
Switzerland's aviation industry in 2015
Since the last issue of this Experts Guide in 2014 Switzerland's aviation industry has faced significant challenges. A nearly collapsed financial market with a still insecure market environment and high volatility in the aftermath not only resulted in a decrease in demand for aviation related...
Is crew sickness an extraordinary circumstance under Regulation (EC) 261/2004?
On 25 August 2015, Germany's Highest Civil Court, the Federal Court of Justice (Bundesgerichtshof), will hear a case in which it is in dispute whether or not the sickness of a crew member can constitute extraordinary circumstances in the meaning of Article 5 para 3 of Regulation (EC) 261/2004.
In...
18/06/2015 Rainer Amann, Urwantschky Dangel Borst & Partner, Germany
Pledge Act delayed: bad news for Belgian aviation financiers
When the Belgian Civil Code was drafted in 1805, the right of pledge provided creditors with simple property interest on movable goods. Lately the Belgian laws on property interest became so complex that a reformation of this historically grown patchwork was deemed to be necessary. The Pledge Acts...
18/06/2015 Mia Wouters, LVP LAW, Belgium
Aircraft Financing in New Zealand: Overview
New Zealand is a common law jurisdiction with much of its law historically based on English law. Although aircraft financing relies in large part on the general law, there is some domestic law peculiar to aircraft financing. In particular, New Zealand has adopted a number of international...
18/06/2015 Frank Porter, Buddle Findlay, New Zealand Rishalat Khan, Buddle Findlay, New Zealand
Aircraft Lease in Indonesia: Key Legal Issues That You Need To Know
The Indonesian aviation sector has grown rapidly in the last of a decade. To date there are more than 30 (thirty) private aviation companies in Indonesia. Most aircraft operated by Indonesian airlines are procured from foreign lessors or purchased with financing from foreign lenders in various...
18/06/2015 Haryo Baskoro, Dwipo Lubis & Partners, Indonesia
Australia “Gearing Up” for Future Growth
With a 5.6% increase in international scheduled passenger traffic to 31.145 million people in 2014, and 54 international scheduled airlines operating services to and from Australia in 2014, the Australian aviation industry is "gearing up" to cater for the increase in demand. This is particularly...
18/06/2015 Matthew Brooks, HWL Ebsworth Lawyers, Australia
Nigerian aviation and passenger rights
Over the last year, two significant aviation milestones were recorded. The first was the publication of the National Civil Aviation Policy 2013 and the second was the public presentation of the Nigerian Civil Aviation Authority Consumer Bill of Rights. The Bill is based largely on Part 19 of the...
26/04/2015 L Fubara Anga, ÆLEX, Nigeria
The changing face of aircraft PDP financing
With record levels of PDPs financed in 2013, why wait to discover more about how it's being done today?
In line with the sharp increase in current order levels for new aircraft, the volume of PDP financing transactions has increased considerably in recent years.
Increased liquidity in the aviation...
26/04/2015 Lucy Shtenko, Watson Farley & Williams, United Kingdom
Switzerland's aviation industry in 2014
Since the last issue of this Experts Guide in 2013 Switzerland's aviation industry has faced significant challenges. A nearly collapsed financial market with an insecure market environment and high volatility in the aftermath not only resulted in a decrease in demand for aviation related services...
Air accidents and statute of limitations: still an issue in Spain
In Spain, there are several legal texts that could be applicable to resolve compensation derived from an air accident. Each one of those legal texts regulates different maximum terms to exercise the civil liability action in order to claim for the compensation derived from an air accident. Spanish...
Italian airlines’ insolvency and seizure of aircraft owned by foreign lessors
During the last 12 years, various airlines licensed in Italy have become insolvent or bankrupt (or they have filed petitions with Italian bankruptcy courts seeking protection against creditors, taking advantage of a certain recent law which has introduced into the Italian legal system the sc. "Concor...
26/04/2015 Salvatore Vitale, Vitale & Partners, Italy
Navigating the challenges of the aviation industry in Latin America
Latin America experienced an economic boom for roughly a decade starting in the early 2000s. While recent overall growth in the region has tempered, growth in Mexico–Latin America's second largest economy after Brazil–is estimated to increase by 3 percent in 2014. Panama, Peru, and Colombia are also...
26/04/2015 Phillip L Durham, Holland & Knight, US Leonie W Huang, Esq, Holland & Knight, US
Snapshot of the Chinese market
The growth momentum of the Chinese aviation market remains rapid. On the commercial aviation side, Chinese airlines have added into their fleet about 350 aircraft for 2013, including 143 from Boeing and more than 100 from Airbus. In March of this year, Airbus announced the order China had taken of...
01/06/2014 Zhou Jie, King & Wood Mallesons, China
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