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Aviation Litigation and Regulation

  • Overview
  • Experience

We have a team of specialists who handle regulatory issues and provide airlines, leasing companies, general service providers and other manufacturers, corporates, trade associations and governments within the aviation industry with strategic, practical and commercial advice. IKM, through DLA Piper, maintains a significant transactional and regulatory experience and capacity base across a vast global network.

Capabilities

  • Finance, leasing and acquisitions
  • Litigation and arbitration
  • General regulatory

Experience has included advising:

  • Clients on various aircraft and engine lease, sale and purchase transactions including: negotiated terms, reviewed and drafted transactional documents, attended to conditions precedent and registration matters for aircraft and engine deliveries and attended to legal issues in aircraft redeliveries.
  • Clients with local air service licensing requirements such as Fastjet PLC UK.
  • Oman Air (S.A.O.C.) on various aspects relating to the sublease of two Boeing 787-8 aircraft from Kenya Airways Limited. Also advised on various aspects relating to its slot exchange agreement (for certain landing slots at London’s Heathrow Airport) with Kenya Airways, an agreement between Société Air France, Kenya Airways Limited and Oman Air.
  • Astral Aviation (Kenya) on its purchase and onward sale of one Fokker F27 MK500 aircraft. Our role entailed negotiating and drafting transactional documentation and attending to registration matters.
  • Avmax Group Inc. (Canada) with various legal services, which included drafting a local enforceability and capacity opinion, assisting with and advising on local registrations of securities over aircraft, reviewing an aircraft lease agreement, providing general advice and assistance on local regulations in relation to the lease of an aircraft to a Kenyan lessee.
  • Aircraft Leasing Services (ALS) on its acquisition of three aircraft (Bombadier Inc. DHC-8-106) from Avmax Aircraft Leasing Inc.
  • Fastjet PLC UK with various general and regulatory advice in East Africa. We also assisted with a bilateral air service agreement and the restructuring of the Kenyan subsidiary in accordance with Kenyan licensing regulatory requirements.
  • Kenya Airports Authority (KAA) in a constitutional reference following the refusal by the KAA to approve a proposed development on the petitioner’s property.
  • Kenya Airports Authority regarding a tax assessment in excess of KES2.3 billion (around USD28 million) issued by the Kenya Revenue Authority.
  • Kenya Airports Authority in an arbitration dispute in which the claimant was pursuing compensation following the revocation of development approval.