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 (https://hsfnotes.com/aviationfinance/2021/04/28/the-global-aircraft-trading-system-gats-some-practical-and-documentary-considerations/). In this article, we discuss the operation of GATS in an enforcement scenario. Read more

Smart Legal Contracts: adding a living dimension to aviation finance documentation

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

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

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