Publications for Aviation Law Committee

  • Subject
  • Year
The interplay between the Cape Town Convention and insolvency law when a private airline company undergoes liquidation in India

The juxtaposition of India’s insolvency law and the Cape Town Convention has faced rigorous examination subsequent to Go First's recent insolvency petition. This article delves into the nuances of the Go First scenario, scrutinising how India’s National Company Law Tribunal's acceptance of the insolvency petition under Section 10 of the Insolvency and Bankruptcy Code, 2016 (IBC) conflicts with the rights of aircraft lessors under the Cape Town Convention (CTC).

Released on Jun 4, 2024

Chasing the ‘green’ dream: a brief snapshot on the implementation of SAFs and e-fuels in the aviation industry

A brief contemporary examination of the implementation of the use of Sustainable Aviation Fuels (SAFs) in the aviation industry.

Released on Aug 2, 2023

Gift City: a boon to Indian aircraft leasing ecosystem

Travel by air is the safest and fastest mode of transport in the world and has seen tremendous growth over the years. The global aircraft leasing market is estimated to reach US$247bn by 2026. With US$180bn required for funding to meet the rising aircraft demand, the necessity of entering into a lease is borne by the need to acquire an aircraft without increasing debt obligations.

Released on Jun 13, 2022

IBA Aviation Law Committee’s scholarship winner report

Mansi Singh, the recipient of the IBA Aviation Law Committee’s Annual Conference Scholarship for 2017, recounts her experience of winning the award and attending the Annual Conference.

Released on May 26, 2022

Aviation Law Committee Chair’s speech for 2022

IBA Aviation Law Committee Chair Serap Zuvin discusses the committee’s activities in 2021 and looks ahead to 2022.

Released on Mar 25, 2022

Report on the ‘Hot topics in aviation 2021’ virtual event

This article summarises the ‘Hot topics in aviation 2021’ virtual event that took place on Thursday 7 October 2021. The joint session was hosted by the International Bar Association Aviation Law Committee, the New York City Bar Association Aeronautics Committee, the Lawyer-Pilots Bar Association and the New Jersey State Bar Association Aviation Law Committee.

Released on Jan 13, 2022

Aircraft lessor lawyer: a year and a bit of the pandemic

This article looks at the effect that the Covid-19 pandemic has had on an aircraft lessor lawyer, and looks at the issues that the pandemic has caused for the industry.

Released on Jan 13, 2022

Report on the joint webinar of the Maritime and Transport Law Committee and the Aviation Law Committee

This article summarises the joint webinar of the Maritime and Transport Law Committee and the Aviation Law Committee, ‘Asset financing the transportation industry’, which took place on 6 October 2021.

Released on Jan 13, 2022

ESG in the aviation industry: a Brazilian legal perspective

This article addresses how ESG policies have been tackled by the Brazilian legal framework, airline companies, aviation authorities and other stakeholders, emphasising the social and financial consequences of achieving and implementing such targets, with a view to providing a more sustainable industry.

Released on Nov 16, 2021

eVTOLs – the future of air transportation: are we ready?

This article aims to outline the major trend for urban air mobility, the Electrical Vertical Take-off and Landing vehicle (eVTOL), as well as the key points for its implementation in Brazil. The article analyses the regulatory scenarios and identifies change points to enable safe and affordable eVTOL operations.

Released on Nov 16, 2021

Enforcement of security interests and repossession of aircraft in Norway – a brief practical note

This article outlines the legal position of enforcing security interests and repossessing aircraft in Norway, and to lenders who have a security interest in such aircraft.

Released on Sep 29, 2021

IBA Aviation Law Committee: Meet and Greet

With a view to facilitate discussions and increase networking, the International Bar Association (IBA) Aviation Law Committee (ALC) organised its first virtual Meet and Greet event on Thursday 29 July 2021 via Zoom under the dynamic leadership of Ms Serap Zuvin, the Chair of ALC. The event was well attended with participation from a large number of lawyers from the aviation industry.

Released on Sep 6, 2021

From the Chair, Aviation Law Committee

An introduction from the new Chair of the IBA Aviation Law Committee, Serap Zuvin, including a run-down of the Committee’s plans for 2021.

Released on Jun 24, 2021

Aircraft lessor lawyer – a year of the pandemic

This article discusses the impact of the Covid-19 pandemic on aircraft lessor lawyers and how it has shaped the airline industry. It covers the airlines’ response to the pandemic and the impact of local and national restrictions.

Released on May 28, 2021

Aircraft fractional ownership in Brazil - a long-waited regulation

This article aims to outline the recent Brazilian regulations brought by the amendment to the Civil Aviation Regulation (RBAC) No. 91, issued by the National Civil Aviation Agency (ANAC) to establish guidelines for the operation of fractional ownership companies, as well as its benefits for the development of the aviation sector and the creation of a more business-oriented regulatory environment for business aviation.

Released on May 18, 2021

The provision of air services in a globalised world: jurisdiction, governing law and alternative dispute resolutions method

This article addresses the discussions revolving around how Brazilian law deals with the issues of governing law and competent jurisdiction arising in respect of the contractual relationship established between passengers and airline companies and disputes arising thereunder, particularly in the age where air tickets are mostly purchased online and air carriers (when of foreign origin) and passengers are domiciled in different jurisdictions.

Released on May 18, 2021

The aircraft financing market after Covid-19

Aviation has been one of the most affected business sectors since Covid-19 started spreading around the world. The initial response of most countries to this pandemic has been to close their borders and restrict travel. Consequently, global air traffic dropped by 73.7 per cent in April 2020, compared to the previous year.

The Virgin Australia Airlines insolvency

Virgin Australian Airlines appointed insolvency administrators on 20 April 2020, when its debt-servicing burden became unsustainable. Usually when an airline becomes insolvent, lessors and financiers will immediately repossess their aircraft and fly them away. But in the present pandemic, the Virgin aircraft financiers were in no hurry: no-one was lining up to lease aircraft. They decided to request that the insolvency administrator deliver up the aircraft engines to its facility in Florida, according to t

Airports: investment opportunities in Brazil for aviation sector recovery

This article presents the business opportunities in the Brazilian airport sector planned for the years ahead. The sixth and seventh rounds of federal airport auctions, scheduled to be held until the end of 2021, can be highlighted as the main ones. To understand the modelling of both projects, we also present a brief historical background of the sector, the agents involved in the privatisation processes, the importance of the investment partnership program, accompanied by the main economic and regulatory c

First steps towards the 2001 Cape Town Convention and its Protocol ratification

On 21 July 2020, the Italian Parliament approved an important motion aiming at starting the process of the ratification of the Cape Town Convention on International Interests in Mobile Equipment and its Protocol.

Brazilian Law no. 14,034 and its impact on airlines

The present article aims to explore the recent changes in Brazilian regulations brought by Law No. 14,034/20, expected to aid airlines and industry players during the coronavirus (Covid-19) pandemic, as well as its impacts on the future development of the aviation sector and the possible creation of a more business-oriented regulatory environment.

Knowing your air passenger rights amid the ongoing Covid-19 crisis

This article deals with passenger rights in India and, in particular, the Civil Aviation Requirements (CAR), as well as the Passenger Charter of Rights introduced in 2019 and the effect of Covid-19 on reimbursement rights, including the use of ‘credit shells’ to park airfare monies paid; to spare the airlines the obligation to refund; and whether involuntary credit shells are legal.

Current regulations and recent Brazilian court precedents impacting airline passenger claims in Brazil

In the last years, specifically since a Brazilian Federal Supreme Court ruling in 2017, which confirmed the understanding that international treaties limiting and excluding the liability of air carriers should govern passenger and cargo claims, Brazilian courts are starting to understand the economic impact that excessive litigation can have on the airline industry, particularly insofar as cost increases for suppliers and passengers is concerned. Recent Brazilian court precedents and regulations, including

Impact of Covid-19 on the aviation insurance industry

Since the World Health Organization declared the outbreak of a Covid-19 pandemic, both the aviation industry and the aviation insurance market have been facing related economic consequences. Changes in the use of insured aircrafts, new protocols including biosecurity measures to try to stop the spread of the virus and an accurate analysis of the circumstances related to the new risk profile of airlines - considering that almost all aircraft are now grounded - are part of the analysis needed to protect all

Air passenger protections: an analysis and comparison between Canada and the European Union

This article describes Canada’s new Air Passenger Protection Regulations (APPRs), which provide for compensation for passengers. They are compared to the existing passenger protection regulations in the European Union, which influenced the measures.

Cortina: a mountain airport

This article is a history of Cortina d’Ampezzo Airport, a mountain airport which was built in 1958, after the 1956 Winter Olympics; closed in 1976 after a crash; and is the subject of projects to reopen operations in time for the Winter Olympics 2026.

TAP: a history of control, to be or not to be state owned

TAP (Transportes Aéreos Portugueses, which translates as Portuguese Aerial Transportation) has been the Portuguese national carrier for circa 70 years. For many years its activity was boosted by the links between Portugal and the former Portuguese colonies in Africa. That activity was substantially reduced with their independence in 1974/75. Connections to and from these countries (and Brazil) remain, to date, a very important part of the activity and business of TAP. TAP was a state- owned company un

Passenger’s rights during the Covid-19 pandemic

The Covid-19 pandemic has led to financial crisis in the aviation industry. In response, the Colombian Government has issued specific measures aiming to relieve the financial pressure on the sector. One of these measures allows airlines to refund passengers, during the economic emergency and for up to one more year through the services of the airline, such as miles, vouchers etc. These measures should provide financial aid and, at the same time, protect the rights of the passengers.

ICJ judgment on jurisdiction of the ICAO Council: ‘off chocks’, but will it take off?

This article looks at the implications of the International Court of Justice’s (ICJ) Judgment of 14 July 2020 on the dispute resolution function of the International Civil Aviation Organization (ICAO) Council.

Aviation Law Committee 27 April 2020

Aviation Law Committee 27 April 2020