Expert Guides - Aviation

Virtual Reality and Computer-Based Accident Reconstruction in US Aviation Litigation

United States courts serve an important “gatekeeping” function with respect to the admission into evidence of expert testimony and any accompanying demonstrative evidence

17/07/2018 Kevin Sutherland, Clyde & Co, US Natasha Mikha, Clyde & Co, US

Airlines and PNR: how does the GDPR come into play?

Directive 2016/681/EU, to be implemented by the EU Member States at the latest on 25 May 2018, provides for the creation, in each Member State, of an authority competent for the prevention, detection, investigation or prosecution of terrorist offences and of serious crime, to act as its passenger...

22/05/2018 Catherine Erkelens, Erkelens Law, Belgium

Foreign Sovereign Immunity in Aviation Litigation

One clear trend in United States aviation litigation has been an increase in cases brought by foreign plaintiffs arising from overseas airplane crashes and incidents

22/05/2018 Steven C Marks, Podhurst Orseck, US

2018: Mexico’s year of challenges on aviation related investme

Five years ago, Mexico became a geological focal point for international investment

22/05/2018 Carlos Sierra, Sierra, Mexico Miguel Ruelas, Sierra, Mexico

Blockchains and Distributed Ledgers for Aviation

The IT world recently became excited by a new technology, called blockchains or distributed ledgers

22/05/2018 Robin Springthorpe, Norton Rose Fulbright, United Kingdom Will Alete, Norton Rose Fulbright, United Kingdom Peter McBurney, Norton Rose Fulbright, United Kingdom

Anti-Corruption Measures in Business and Private Aviation

The international aviation industry is a highly competitive, highly regulated and international industry which is also inherently susceptible to allegations and instances of corruption

22/05/2018 Aoife O’Sullivan, The Air Law Firm, United Kingdom

A brief note on implementation of the Cape Town Convention in Spain

Spain has implemented the Convention on international interests in Mobile equipment (hereinafter, Cape Town Convention) effective on the 1 March 2016 because of its accession to the Aircraft Protocol which took place on 27th November 2015

22/05/2018 Alfonso López-Ibor Aliño, Ventura Garcés & López-Ibor, Spain

Recent case-law and tendency on Regulation (EC) No. 261/2004

By Decision No. 1584 dated 23 January 2018, the Italian Supreme Court found that in case of flight cancellation or delay at arrival the burden of proof lies with the air carrier

22/05/2018 Laura Pierallini, Studio Pierallini, Italy

Judgment of the German Federal Court of Justice: Non-refundable tickets are non-refundable

On 20 March 2018, the German Federal Court of Justice (the highest civil court in Germany) rendered a landmark decision

22/05/2018 Claudia Hess, Urwantschky Dangel Borst, Germany Rainer Amann, Urwantschky Dangel Borst, Germany

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, Australia

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Aviation