Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Meritas Capability Webinar - Restructuring Insolvent Airlines in the Americas: A Look at LATAM and Developments with AeroMexico and Avianca
Asiana Flight 214: The Potential Causes and Legal Implications - Mike Danko
On May 14, 2024, Brazil’s National Civil Aviation Agency (“ANAC”) approved Resolution No. 743/2024 (“Resolution”), which regulates the monitoring and offsetting of carbon dioxide (“CO2”) emissions on international flights....more
In the recent case of Zephyrus Capital Aviation Partners 1D Ltd & Ors v Fidelis Underwriting Ltd & Ors (Re Russian Aircraft Operator Policy Claims (Jurisdiction Applications)) [2024] EWHC 734 (Comm), London’s High Court held...more
President Biden announced that he will focus on ending tax breaks for corporate aircraft and “cracking down on corporate jet loopholes.” Several aviation and labor organizations, including the National Business Aviation...more
For the ever-evolving aviation industry, the traditional time and material–based contracts between airlines and original equipment manufacturers (OEMs) for the maintenance of aircraft engines may not always be the most...more
Global air travel traffic (measured in revenue per kilometers (RPKs)) begins 2024 in line with pre-COVID highs. Certain markets, such as US domestic and intra-European have already surpassed pre-COVID levels and despite some...more
As 2023 draws to a close we are taking a moment to recap on some of the headline events that have occurred in the aviation industry during the last 12 months:... 1. A New Aviation CLO Issuance- Alternative Aviation lender...more
As the aviation industry pins its hopes on sustainable aviation fuel (SAF) to achieve Net Zero carbon emissions by 2050, Joe Clinton, Matthew Townsend, Richard Chamberlain and Ying-Peng Chin outline the regulatory, investment...more
Key Points - - Insurance companies are bracing themselves for years of legal disputes over liability for total losses claimed by lessors to aircraft stranded in Russia as a result of sanctions over Russia's invasion of...more
The Federal Aviation Administration (FAA) on Dec. 7, 2022, published in the Federal Register a Notice of Proposed Rulemaking (NPRM), "Update to Air Carrier Definitions," that would incorporate "powered-lift" operations into...more
This week, the Court examines the jurisdictional limits on challenges to agency action in evaluating the FAA’s flight paths for Burbank and Van Nuys airports. The Court holds it lacks jurisdiction to consider challenges...more
Key Points - - Hong Kong Airlines (HKA) has announced that it is seeking to implement a restructuring of its aircraft lease obligations and other liabilities by court action in the UK and Hong Kong. - The plan...more
Key Points - - The rights of an aircraft lessor or lender financing the conversion of a passenger aircraft to a freighter aircraft will be specified in agreements between the borrower, financer and conversion facility. ...more
The Federal Aviation Administration (FAA) on Aug. 3, 2002, issued a Request for Comments (RFC) on the possible issuance of minimum aircraft seat size requirements for passenger aircraft. The FAA issued the RFC in order to...more
Key Points - - The use by Malaysia Airlines' subsidiary, MAB Leasing Ltd. (incorporated in Malaysia) ("MABL"), in 2021, of an English Scheme of Arrangement (a "Scheme") to compromise its aircraft lease obligations proved...more
The Federal Aviation Administration (FAA) issued the final rule for the establishment of a new electronic pilot records database (PRD) on May 25, 2021, with the goal of providing transparency on pilot training deficiencies,...more
Key Points - - In a March 30 press release, the US Commerce Department updated its March 18 list of aircraft that have flown into Russia in apparent violation of Export Administration Regulations by adding 73 aircraft and...more
On February 16, 2022, Joby Aviation, a California-based company developing all-electric aircraft for commercial passenger service, reported that one of its prototype experimental unmanned aerial taxis crashed in flight in...more
Following the events in Ukraine, various measures have been put in place by the EU, the UK and the US that are expected to have a considerable impact on the aviation and aircraft financing industry. Below we give a round-up...more
Aircraft leasing companies are the backbone of modern commercial aviation. Lessors now account for an estimated 60 percent of new passenger jet deliveries, up from approximately 45 percent on the eve of the pandemic and just...more
The bankruptcy Pegasus: stalking horse agreements in aviation - The Covid-19 pandemic has had a significant impact on the aviation industry, with regular international travel being halted for prolonged periods since March...more
The aviation industry, including air carriers and aircraft manufacturers, has taken significant steps toward increasing the environmental sustainability of the industry. Overall, many airlines have demonstrated a commitment...more
AVIATION REGULATORY AND POLICY - Aviation Policy: European Commission Proposals Regarding the Transformation of EU Economy and Society to Meet Climate Ambitions - On 14 July 2021, the European Commission (Commission) adopted...more
Key Points - - Replacing the owner trustee of a US-registered aircraft that is on lease requires submitting a new application to register that aircraft. - Submitting the application to reregister the aircraft restricts...more
The leasing of a commercial aircraft to an airline in a foreign jurisdiction presents risks to the lessor and its secured lender, including whether an aircraft may readily be repossessed if a lease event of default occurs....more
Key Points - The risk that prepetition lease payments made by a lessee that is a debtor in a US bankruptcy will be clawed back from an aircraft lessor can be reduced if: - the lease is a true lease rather than a...more