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Tag results for 'Aviation'

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

Desperate times require desperate measures: implications of Covid-19 on aviation law

Desperate times require desperate measures: implications of Covid-19 on aviation law

Covid-19 implications: the EU initiatives in support of the aviation sector

Covid-19 implications: the EU initiatives in support of the aviation sector

From the Editor: Keeping up with the aviation finance world in 2020

IBA Aviation Law Committee Publications Officer Gerard Melling reflects on the value on keeping track of the ever-changing world of aviation, outlining some of the key developments in 2020.

Mediation in aviation disputes: reaching higher altitudes with the Singapore Convention on Mediation

The aviation industry is particularly suited to adopting mediation in its dispute resolution process. However, aviation disputes have traditionally been resolved through litigation or arbitration. This is largely due to the absence of a universally recognised framework for the direct enforcement of international mediated settlement agreements. The United Nations Convention on International Settlement Agreements Resulting from Mediation (‘Singapore Convention on Mediation’, initially signed on 7 August 2019

Landmark ruling of the Court of Justice of the European Union on airport charges: Case C-379/18

This article focuses on a ruling of the Court of Justice of the European Union concerning the competence of the Independent Supervisory Authorities to determine of airport charges. Through analysis of the ruling in question and identification of the peculiarities of the Italian system, this article provides an overview of the main legal barriers to the implementation of Directive 2009/12 on airport charges.

Thailand: Liability issues in Multimodal transport of goods involving carriage by air

This article is an analysis of the impact of the Multimodal Transport Act (MTA) and its impact on air cargo, freight forwarders and air carriers, after 15 years in operation. The differences in limitation periods and liability limits are considered, as well as how these differences affect claims.

Is aviation law ready for a blockchain revolution?

This article discusses the possible application of blockchain technology to the aviation industry, with particular emphasis on smart contracts, passenger name records and the International Registry. The opening of the article briefly explains the essence of blockchain technology and its advantages and indicates certain legal concerns related to introducing blockchain to the aviation industry.

IBA Annual Conference 2019: Report on Enforcement and enforceability considerations for aircraft leasing and financing

Conference report outlines the speakers, topics and points raised.

IBA Annual Conference 2019: Report on Hot topics in aviation regulatory matters

Conference report outlines the speakers, topics and points raised.

IBA Annual Conference 2019: Report on International aviation litigation – a study in comparative law

Conference report outlines the speakers, topics and points raised.

From the Chair

Chair of the IBA Aviation Law Committee Alan D Reitzfeld outlines planned topics at the upcoming IBA Annual Conference in Miami