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In this short podcast, Tim Hunter-Jones, a senior associate in our asset finance team in London, looks at some of the issues in sustainable and green finance in the aviation sector, including the importance of the EU Taxonomy in determining what is sustainable, and the role of state aid in promoting a greater focus on … Read more
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
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
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
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
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
De Havilland Aircraft of Canada’s recent successful claim for summary judgement against SpiceJet in the English High Court serves as a timely reminder of the issues that can arise in aircraft purchase agreements. Read more