Aviation

CANDEY is a leading player in the international aviation markets; our team has developed wide and broad skills, expertise and experience in offering insightful, innovative and reliable representation in high value disputes, whether before the Courts or in international arbitrations.

Representative matters

  • Representing our client in relation to post privatization fraud claims arising from international financing agreements which client entered as a result of the alleged fraud resulting in a alleged shortfall of over USD 380 million;

  • Acting on a long running LCIA arbitration arising from our clients launch as an independent airline;

  • Acting in potential proceedings against a global private aviation company for suspension of services under a Program Agreement based on discriminatory grounds; in which we considered force majeure and frustration arguments and negotiated a complex asymmetric arbitration clause, successfully brokered a amicable settlement;

  • Work consisting of advising and assisting aviation company to amend their internal policies in response to the passage of EU Passenger Rights Regulation 261/200 and carving out exceptions to liability;

  • Acted for an English aviation company in defending LCIA arbitration proceedings brought by a Luxembourg aviation company; one of the world’s largest operators of private aircraft. Concerned an alleged breach by the respondent of a non-disclosure agreement in relation to the claimant’s proposed sale of one of its subsidiaries;

  • Acted for an aircraft leasing business in relation to material breaches of the underlying aircraft leasing documents relating to aircraft on active charter; Applications for injunctive relief were prepared with the objective of obtaining relief on an urgent and without notice, The interim relief to be sought was to detain the aircraft and prevent them from leaving the airport;

  • Acted for EasyJet and a number of other airline carriers who regularly faced passenger claims due to cancelled or delayed flights arising from events such as ATMD decisions, volcanic eruptions, and bad weather;

  • Acted on a dispute with aircraft operator, stemming from their lack of action or response following the grounding of the aircraft due to sanctions considerations. This inaction has complex legal issues, necessitating a careful examination of the operator's responsibilities and potential liabilities under the aircraft operation agreement; and

  • Monitoring trustee (MT) assignments in the aviation industry monitoring compliance with structural remedies and behavioural remedies, interim measures on behalf of competition authorities around the world, including Competition and Markets Authority and European Commission

CANDEY has extensive experience in dealing with all of the key offshore jurisdictions, where individual and corporate clients often seek to structure their interests before disputes arise…

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