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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
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
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
Key takeaways Singapore Airlines Ltd v CSDS Aircraft Sales & Leasing Inc reminds us of a number of important considerations that parties should keep in mind in the context of aircraft trading, and commercial dealings more generally: Time is of the essence: “[g]iven the history of delay, prevarication and procrastination”[1] on CSDS’ part, the court … Read more
Following expiry of the Brexit transition period, a new UK Emissions Trading System (“UK ETS“) came into force on 1 January 2021 – replacing the UK’s participation in the existing EU Emissions Trading System (“EU ETS“). As one might expect, the UK ETS is almost identical to the EU ETS in many respects. However, despite … Read more
On 12 March 2021, Steer published its final report entitled “Sustainable finance taxonomy for the aviation sector”. In this briefing, we consider the findings of the Steer Report and in particular its proposals for developing the technical screening criteria for aviation-related activities to be included in the EU Taxonomy Regulation. The extent to which these … Read more
In our last post, we looked at how blockchain could be deployed by the aviation sector. We mentioned that when combined with a smart contract, routine events under aviation financing documentation could be automated. Today, we explore this potential more deeply to see how smart legal contracts (SLCs) can transform legal contracts into powerful 21st … 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