Aviation dispute resolution.
We provide experience of cases for airlines, lessors, lessees, lenders and borrowers in disputes over commercial aircraft leasing and financing, redelivery condition claims and the repossession of aircraft following payment defaults or contract breaches and work with our corporate recovery and restructuring team as necessary. We are also able to act for both employers and employees in the aviation industry in employment disputes over contractual entitlement, unfair dismissal and redundancy.
We also bring experience in disputes relating to day to day operations including those relating to contracts and maintenance and disputes with ground handlers, suppliers, payment services providers and aircraft operators, including charter disputes. Our work within the aircraft procurement process gives us an insight into disputes between sellers, purchasers and financiers of aircraft.
Where disputes are to be resolved via arbitration we can assist with advice on the appointment of arbitrators and deal with the process throughout, whether the arbitration is conducted under the rules of an arbitral institution or is an ad hoc arbitration.
We are members of British Airline Representatives UK and the European Air Law Association and are a member of the Aviation Law Committee of the International Bar Association.
Our recent experience:
- Acted in a claim against a lessee for non-payment of rent, and failure to comply with maintenance obligations under aircraft wet-leases.
- Represented a client in a claim under a charter agreement caused by the charterer failing to meet its minimum guaranteed hours’ payment obligations.
- Asserted claims on behalf of a number of clients arising out of corporate jet fractional ownership.
- Acted in a claim over the failure to provide airworthy aircraft in accordance with the terms of wet-leases.
- Acted for a flag-carrier airline in a major dispute with its operating company including a claim for misrepresentation over the sale of Boeing Dreamliner aircraft.
- Advising an airline in a claim against a former partner travel operator.
- Pursuing a ground-breaking claim against one of the world’s largest aircraft lessors and its related finance arm.
- Obtained injunctions to recover aircraft (planes and helicopters) for owners/lessors.
- Representing the liquidator of a collapsed airline in a dispute with a financial services intermediary holding monies that it claimed were payable to passengers.
- Overturning a judgment obtained against a client by a Dubai-based financial services group, and obtained restitution in relation to the enforcement steps that had been wrongly taken against the underlying securities.
- Acting for the Danish division of a German bank in its dispute with an aviation IT services provider.
- Acting for a US client in a major ICC arbitration involving allegations of fraud and wrongful termination of the wet- leases of four Boeing 747 aircraft with an ancillary mediation under the rules of the Hong Kong International Arbitration Centre.
- Obtained summary judgment against a BVI incorporated entity and its guarantors under a charter agreement and associated guarantees.
- Advising an AIM listed company in its commercial court dispute with its former business associates.
- Advising a Mexican airline on UK aviation regulatory matters, and ad hoc litigation matters.
- Instructed by a Middle Eastern airline in an LCIA arbitration brought by a former charter operator. Proceedings were brought to an early conclusion following a successful application for security for costs.
- Acting in an LCIA arbitration for an international consultant against the manufacturer of aircraft wings.
- Advising on disputes relating to maintenance planning and ancillary documents, ground handling agreements, code-sharing agreements, airport operator agreements etc.
- Acting for an international airline in a dispute over the fit out of aircraft.
- Acting for the owner of a large private airfield on contractual disputes.
- Acting for a number of international airlines, dealing with cargo and passenger claims.
- Acting for a specialist aviation maintenance company in relation to an AAIB investigation following an aircraft crash.
- Advising an international aviation organisation specialising in aircraft de-icing services.