Aviation
Aviation is a key practice area for 7KBW, where our skills in commercial litigation and arbitration run hand-in-hand with considerable international and national experience of aviation disputes. Members have acted for aircraft owners, operators, financiers, lessors and lesees, engineers, airports, airport concessions and ground handling staff, as well as insurers and reinsurers.
We have acted in commercial disputes across all aspects of the industry, where our deep experience of the law of contract is invaluable, in claims ranging from aircraft sale and purchase disputes, leasing disputes, and aircraft financing claims, as well as aviation insurance and reinsurance disputes.
Recent work has included the multi-billion dollar “Russian aircraft mega trial” of insurance claims brought by aircraft owners/lessors against All Risks and War Risks insurers relating to nearly 150 aircraft leased to Russian airlines prior to Western sanctions being imposed when Russia invaded Ukraine on 24 February 2022.
Members have also been appointed as arbitrators in cases of intense interest to the aviation industry and international aviation regulators. Our experience spans major industry events such as the Malaysia Airlines MH370 incident, the 9/11 terrorist attacks, the Air France Concorde 100 crash, and many others, including air accidents, total loss claims, product liability disputes, and the like.
Members have acted in cases involving a number of well-known airlines and aviation companies, both at trial and on appeal, as well as in arbitral institutions globally, while our advisory practice is commercial and pragmatic. Both are equally valued by all the leading firms in this area.
Areas covered include (but are not limited to):
- Aviation insurance and reinsurance;
- Liability claims, both individual and group actions;
- Aircraft sale and purchase;
- Leasing, recovery and liens;
- Repair, handling, and maintenance issues;
- Product liability and design claims
- Ownership, and operational issues;
- Contracts of carriage;
- Aircraft finance and mortgages;
- Industry-related commercial litigation;
- Jurisdictional issues, including private international law.
Members appear in cutting-edge cases in this area including in 2024/25 the 12-week, multi-billion dollar “Russian aircraft mega trial” in the Commercial Court before Mr Justice Butcher – a trial of insurance claims brought by aircraft owners/lessors against All Risks and War Risks insurers relating to nearly 150 aircraft leased to Russian airlines prior to Western sanctions being imposed when Russia invaded Ukraine on 24 February 2022.
Other examples include:
- Aircraft Purchase Fleet Limited v Compagnia Aerea Italiana SpA [2018] EWHC 3315 (Comm) and [2019] EWHC 567 (Comm)
- PK AirFinance US Inc v Chartis; and Blue Sky One Limited v Chartis
- Daad Sharab v Prince Alwaleed Bin Talal [2013] EWHC 2324 (Ch)
- Air Transworld v Bombardier [2012] EWHC 243 (Comm) [2012] 1 Lloyd’s Rep. 349
- Scott v Copenhagen Reinsurance Co (UK) Ltd [2003] 1 Lloyd’s Rep IR 696
- Kuwait Airways Corporation v Kuwait Insurance Co S.A.K. [1999] 1 Lloyd’s Rep 803