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

The Global Aircraft Trading System (GATS) is a fully electronic system designed to facilitate certain aircraft trading and financing transactions. This system seeks to streamline these often time consuming processes while at the same time increasing transparency and confidence in trading through the use of standardised processes and by recording GATS transactions on a secure … Read more

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 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

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

Welcome to “Aviation Finance notes”, Herbert Smith Freehills’ aviation finance know-how and market intelligence blog. We are delighted to be launching this blog where you will find regular updates on the latest developments in international aviation finance. Here, we will be posting a series of short articles, videos and podcasts engaging with current issues, trends … Read more

The unprecedented disruption to international travel caused by COVID-19 has created unique challenges for the aviation industry. In this note we consider how lessors can manage their exposure going forward and deal with the challenges arising from the pandemic. Consider clawback and local insolvency Lessors should anticipate the risk that local liquidators or insolvency officeholders … Read more

The unprecedented disruption to international travel caused by COVID-19 has created unique challenges for the aviation industry. In this note we consider how lenders can manage their exposure going forward and deal with the challenges arising from the pandemic. Consider local insolvency regime Lenders should anticipate the hurdles an airline’s local insolvency regime may pose … Read more