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Aviation

Mediation examples:


  • a dispute arising out of an agreement for the provision of aircraft, crew, maintenance and insurance to assist in the establishment of an airline, the dispute also raising issues of regulatory approval for the carrying out of certain works to aircraft;

  • a dispute over the delayed delivery of a number of aircraft leased for the preparation, promotion and launch of a new long-haul service, the dispute also involving issues concerning cabin configuration, the frequency of AOG events, etc;

  • an aircraft leasing dispute involving a variety of issues including delayed delivery, aircraft configuration/modification, maintenance, security deposits, AOG events etc;

  • a mediation concerning asserted liens;

  • a dispute arising out of the manufacture of aircraft seats;

  • a dispute arising out of a ‘wet’ lease for an aircraft brought about by a failure to obtain regulatory approval from an aviation authority leading to delays in commencing flight operations;

  • a fatal accident claim arising out of an aircraft crash;

  • a dispute arising out of the supply of an electronics system to manoeuvre safety critical components within a passenger aircraft;

  • an unpaid invoice dispute in relation to repairs to an aircraft procured by a lessee in circumstances where the owner had requested the aircraft’s return following a dispute with the lessee over termination of the lease, the repairer claiming a lien and unpaid invoices, the owner making an application for the aircraft’s release and also claiming losses from both the lessee and repairer, and the lessee claiming damages for wrongful termination of the lease;

  • a dispute between an aviation fund (which purchased aircraft for leasing to airlines) and its corporate advisors over fees in relation to various specific transactions, the context being the severe and unprecedented challenges in the aviation sector brought about as a result of the Covid pandemic;

  • a dispute between a bank and an owner of an aircraft following repossession under the terms of a mortgage (governed by New York law) and its subsequent disposition raising a variety of issues concerning duties of a mortgagee whilst in possession and on disposition, including under the Uniform Commercial Code (UCC) and Cape Town Convention (CTC);

  • various aircraft leasing disputes involving a variety of issues including delayed delivery, aircraft configuration/modification, maintenance, security deposits, AOG events etc.

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