Expert Guides - Aviation

Cyber Security Breach Planning: Advancing Aviation Enterprise Risk Management in the 21 Century

Due to the increasing number of significant data breaches, often involving individual consumer financial data, or in the cases of health insurers or medical providers, personal health information, aviation industry players in turn have been compelled to grapple with advanced approaches to data...

06/07/2017 Christopher G Kelly, Holland & Knight, US

The Evolving Nature of Private Debt in Aircraft Finance in the United States

Aircraft finance is reliant on both debt and equity markets for the raising of capital

06/07/2017 Ronald Scheinberg, Vedder Price, US

US Regulation of Commercial Uses of Drones

The drone industry is growing at a significant pace and is expected to contribute $82 billion to the U.S. economy within the next ten years.

06/07/2017 David Heffernan, Cozen O'Connor, US Jennifer Urban, Cozen O'Connor, US

Aviation manufacturers considering targeting the US market have reason to structure their business with an eye on the US Supreme Court’s personal jurisdiction decisions, recent and upcoming

Many courts in the United States have been a desirable venue for foreign and domestic claims and, until recently, it has been extraordinarily difficult for a defendant corporation to successfully challenge jurisdiction

06/07/2017 Diane Westwood Wilson, LeClairRyan, US Rebecca Tingey, Dentons, US

Commercial Aviation Finance in the British Virgin Islands

The British Virgin Islands (“BVI”) is becoming an increasingly popular jurisdiction for aviation finance not only in the private and corporate jet sectors, but also in the commercial aircraft sector

06/07/2017 Audrey M Robertson, Conyers Dill & Pearman, British Virgin Islands

Pešková v Travel Service AS: welcome clarity for the application of EC261

Regulation (EC) 261/2004 (EC261) is described by general counsel of many major airlines as their biggest challenge, and for good reason

06/07/2017 Robin Springthorpe, Norton Rose Fulbright, United Kingdom

Negligent Entrustment – Aircraft Lessors Beware

On April 19, 2000, Air Philippines Flight 541 crashed on approach during a flight between Manila and Davao City.

06/07/2017 Aoife O’Sullivan, The Air Law Firm, United Kingdom

Aircraft Maintenance – The Regulatory Framework

This article is mainly targeted at aviation transaction lawyers, particularly those for whom their encounters with aircraft maintenance issues do not necessarily rank as a career high (“that’s for the techies” being a typical refrain)

06/07/2017 Rory MacCarthy, Addleshaw Goddard, United Kingdom

Reimbursement of ticket price in the case of booking cancellation by the passenger

The Regional Court in Frankfurt (appeal court) has rendered several judgments in respect of the airline’s obligations if the passenger cancels his booking of flights

06/07/2017 Claudia Hess, Urwantschky Dangel Borst, Germany Rainer Amann, Urwantschky Dangel Borst, Germany

Danish accession to the Cape Town Convention

The Convention on International Interests in Mobile Equipment, 2001 (“Cape Town Convention”) as supplemented with respect to aircraft equipment by the Protocol on Matters Specific to Aircraft Equipment, 2001 (the ‘Protocol’, and the Cape Town Convention is jointly with the Protocol referred to as...

06/07/2017 Morten L Jakobsen, Gorrissen Federspiel, Denmark

What is “bodily injury”?

The New South Wales Court of Appeal recently delivered its decision in Pel-Air Aviation Pty Ltd v Casey [2017] NSWCA 32 and provided much need guidance on the definition of “bodily injury” for passengers who claim “mental injuries” arising from air accidents under the Montreal Convention 1999

06/07/2017 Matthew Brooks, HWL Ebsworth Lawyers, Australia

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 Paul P Jebely, Pillsbury Winthrop Shaw Pittman, Hong Kong

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 Protocol

03/01/2017 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 2015

24/05/2016 Robert Ricketts, Holland & Knight, United Kingdom Gwyn O’Flynn, Holland & Knight, United Kingdom

3-D Printing: The Future of Aircraft Manufacturing

Technological Breakthroughs and Litigation Risks of 3-D Printing

24/05/2016 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 process

24/05/2016 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 transactions

24/05/2016 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 them

24/05/2016 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...

18/06/2015 Philippe Wenker, Blum&Grob Attorneys at Law, Switzerland Hans-Ruedi Grob, Blum&Grob Attorneys at Law, Switzerland

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, 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

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