ENGLISH HIGH COURT STAYS COURT PROCEEDINGS IN FAVOUR OF ARBITRATION AND INTERPRETS CONFLICTING DISPUTE RESOLUTION PROVISIONS

In Helice Leasing S.A.S v PT Garuda Indonesia (Persero) TBK [2021] EWHC 99 (Comm), the English High Court interpreted seemingly conflicting dispute resolution provisions in an aircraft operating lease (the “Lease”). The Lease included an arbitration clause providing for “any dispute” to be resolved by the London Court of International Arbitration (“LCIA”) and gave the lessor an … Read more

Blockchain: novel opportunities for improving efficiency in aviation

Blockchain is seen by many as the most significant technological breakthrough since the advent of the internet. While digital currencies based on blockchain technology have monopolised many of the headlines, blockchain has far wider-reaching potential and new applications are capable of disrupting practices across many sectors, including aviation. Read more

EU-UK Trade and Cooperation Agreement – implications for Aviation

The new trade and cooperation agreement between the EU and UK (the “Agreement”) contains a chapter governing the EU/UK aviation relationship, reflecting the EU’s intention to comprehensively address that relationship within the scope of the envisaged partnership between the EU and UK. A brief overview of the key provisions follows below. The Agreement also establishes … Read more

Will COVID Frustrate an Aircraft Lease?

The widespread disruption caused by the COVID-19 pandemic has led to renewed interest in potential bases for avoiding contractual obligations. However, arguing in English law that an aircraft lease has been frustrated by the consequences of pandemic, may be unlikely to succeed. Read more

The case for technology solutions in aviation finance transactions: will they take flight?

Structuring and documenting aviation finance and leasing transactions typically generates a high volume of paperwork, intense email traffic and the accompanying hours of time spent by clients and advisors producing and reviewing documentation and conditions precedent. Given the nature of work often involves large scale transactions, asset finance practices would appear to be the ideal … Read more

Aviation Finance Team Christmas Message

As we come to the end of what has been an unprecedented year for our clients, and the aviation industry at large, the HSF aviation finance team would like to wish you and your families an enjoyable holiday season. While the year has undeniably had its challenges, it has not also been without its opportunities … Read more

UK: Corporate Insolvency and Governance Act 2020: Impact on Airline Insolvency

The reforms introduced by the Corporate Insolvency and Governance Act 2020 (the “Act“) are likely to impact all companies across all sectors. In this briefing we analyse the potential impact of the Act on UK airline insolvency. In particular, we note that whilst the new moratorium introduced by the Act may appear to change the … Read more