Global Aircraft Trading System (GATS): Enforcement by financiers

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

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

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