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International leading law firm Herbert Smith Freehills has advised Airbus SE, global leader in aeronautics, defence, space, and related services, on the negotiation of an 8 billion euro ESG-linked Revolving Credit Facility agreement. The documentation includes a margin adjustment mechanism based on ESG criteria. The banking syndicate was coordinated by UniCredit Bank, BNP Paribas, Crédit … Read more
In this short podcast, Tim Hunter-Jones, a senior associate in our asset finance team in London, looks at some of the issues in sustainable and green finance in the aviation sector, including the importance of the EU Taxonomy in determining what is sustainable, and the role of state aid in promoting a greater focus on … Read more
In AELF MSN 242, LLC (a Puerto Rico limited liability company) v De Surinaamse Luchtvaart Maatschappij N.V. D.B.A. Surinam Airways [2022] EWHC 544 (Comm), the English Commercial Court (the “Court“) considered whether the national flag carrier of Suriname (“SLM“) was entitled to be served with proceedings in accordance with s12(1) of the State Immunity Act 1978 (the … Read more
The High Court of Australia has unanimously dismissed the appeal of Wells Fargo Trust Company, National Association (Wells Fargo) on the construction of Article XI(2) of the Cape Town Convention’s protocol on Matters Specific to Aircraft Equipment (Protocol). This decision is of importance to the global aviation community as it is the first decision by … Read more
The High Court has held that a defendant submitted to the jurisdiction of the English court by applying for an extension of time for service of a defence, in circumstances where it had indicated an intention to defend the proceedings in an acknowledgement of service and had not reserved its rights to challenge jurisdiction: Aelf … Read more
Global Aircraft Trading System (GATS) is a fully electronic system designed to facilitate certain aircraft trading and financing transactions. We have previously discussed the practical considerations for lessees, lessors and financiers in terms of transitioning to GATS. In this article, we discuss the operation of GATS in an enforcement scenario. Read more
With mounting pressure to slash emissions and limited options for ESG-friendly financing, an embattled industry must quickly win over regulators and stakeholders Read more
The International Air Transport Association (IATA) on 4 October this year has committed to achieving net-zero carbon emissions by 2050. This is no small undertaking: it will require the co-ordination of all industry stakeholders to mitigate an estimated 1.8 gigatons of carbon at an estimated cost of 2 trillion USD. This commitment will align with … Read more
In November 2021, the High Court of Australia will consider the application of the Convention on International Interests in Mobile Equipment done at Cape Town on 16 November 2001 (the Convention) in Australia in light of facts arising out of the administration of the Virgin Australia group. The hearing will consider the interaction of the … Read more