AIYON Abogados LLP’s Post

Our Aviation Law group recently contributed to the 2025 Lexology Panoramic Canadian Aviation Liability Report. This report provides an overview of Canada’s role in major air law treaties concerning carrier liability for passenger injury or death, focusing on the Montreal and Warsaw Conventions. It covers key topics including the definition of ‘carrier,’ interpretation of liability conditions, defenses available to carriers, jurisdictional considerations, limitation periods, and liability across various situations. For the full report, visit: https://lnkd.in/d5rtP6-s For more information on our Aviation Law Group, visit: https://lnkd.in/dva9Sw6E

At Oracle Solicitors we are proud of our expertise in aviation law and our recent successes in defending airlines against claims for compensation due to extraordinary circumstances. Our dedicated teams in Naples, London, and Frankfurt have demonstrated exceptional skill and diligence in securing positive outcomes for our clients. Check out our infographic showcasing some of our most notable cases from the week: 🔹 Severe Storm Diverts Flight 🔹 Adverse Weather Conditions and Runway Closure 🔹 Cumulonimbus Clouds Near the Runway If you need legal advice for your EU261 matters, contact our team today. #AviationLaw #LegalSuccess #AirlineDefense #ExtraordinaryCircumstances #oraclesolicitors

Explore the depths of aviation law in France with a comprehensive guide shedding light on critical legal aspects. In “ICLG - Aviation Laws and Regulations”, published by The International Comparative Legal Guides (ICLG), our #Paris aviation partner Grégory Laville de la Plaigne and associate Anna Lavrenyuk wrote the chapter concerning French law.   This guide features subjects such as aircraft trading, finance, and leasing, but also litigation, and dispute resolution, it offers invaluable insights to help navigate aviation law in France.   Read the guide: https://lnkd.in/ev6-7GAV   #AviationLaw #LegalInsights #AviationRegulation

Airlines operating international routes to and from Canada are governed by the idiosyncratic set of liability rules set out in the Montreal Convention, which is incorporated into the domestic law of Canada by way of the Carriage by Air Act. In a new installment of the Commercial Litigation Insights blog, Associate Adam Varro examines an increase to the limits of liability under the Montreal Convention which will take effect on December 28, 2024, and the impact this will have. Read the full article here: https://bit.ly/3ZNXjWd #CommLitInsights #MontrealConvention #CanadaAirlines

Appeal allowed on question of construction in air turbulence case   The New South Wales Court of Appeal allowed an appeal brought by Air Canada concerning the proper construction of provisions of the Montreal Convention 1999 and Air Canada’s International Tariff for the carriage of passengers by air.   The proceedings, which were commenced in 2021 in the Supreme Court of New South Wales, concern claims arising from mid-air turbulence on a flight from Montreal to Sydney that was diverted to Honolulu. They are brought by passengers seeking damages pursuant to the Civil Aviation (Carrier Liability) Act 1959 (Cth) and the Montreal Convention.   At first instance, the Supreme Court determined two separate questions, concluding that (a) the Civil Liability Act 2002 (NSW) applied to the assessment of damages under the Montreal Convention, and (b) Air Canada’s International Tariff excluded a defence available to the carrier for damages above a specified amount provided for in the Montreal Convention.   Air Canada appealed the decision in respect of the second question. The New South Wales Court of Appeal allowed the appeal and concluded that the tariff must be read as a whole, in light of its purpose and object, and having regard to the history of the Montreal Convention. It held that several textual considerations suggest that the relevant provision of Air Canada’s tariff did not have the effect of waiving the partial defence created by Article 21(2) of the Montreal Convention. This was also supported by a consideration of the history of the Montreal Convention, and the Warsaw regime which predates it.   A copy of the New South Wales Court of Appeal decision can be found at https://lnkd.in/gs8qxKht   A copy of the decision of the Supreme Court of New South Wales can be found at https://lnkd.in/gsaT8fg8   Justin Gleeson SC, Greg O'Mahoney and Daniel Habashy appeared for Air Canada in the proceeding, instructed by Norton White.

With ICAO increasing cargo liability limits under the Montreal Convention, businesses in the aviation sector must stay updated on new standards around time bars, liability limits, and claims processes. In our latest article, Beyza Torlak, Paralegal in our LA Marine team, breaks down these updates and their impact on air cargo claims and compliance. Read more here: https://ow.ly/5QtN50U4Zqh #AviationLaw #CargoClaims #MontrealConvention #AirCargo #Compliance

Aviation Laws and Dispute Resolution in India! ⚖️✈️ Aviation law in India is an evolving domain, despite the sector's rapid expansion. Recently, Union Civil Aviation Minister Jyotiraditya M. Scindia highlighted a milestone on April 18, 2022, where domestic air passenger traffic in India surpassed 400,000 for the first time in two years, showcasing the escalating demand for air travel. The Ministry of Civil Aviation governs the aviation legal landscape through the *Aircraft Act, 1934*, and the *Aircraft Rules, 1937*, under the vigilant enforcement of the Directorate General of Civil Aviation (DGCA). The DGCA prioritizes aspects like air safety, airworthiness, and transport services. Nonetheless, the industry encounters notable challenges, including passenger complaints and conflicts involving airline personnel. In response to these issues, the Ministry introduced the draft *Protection and Enforcement of Interests in Aircraft Objects Bill, 2022*. This proposed legislation aims to incorporate the provisions of the *Convention on International Interests in Mobile Equipment* and its aircraft protocol from Cape Town in 2001. While the bill streamlines legal procedures for aircraft financing and leasing, the focus on effective dispute resolution remains pivotal. Dispute Resolution in Aviation Efficient dispute resolution stands as a cornerstone in aviation law. Alternative Dispute Resolution (ADR) methods like negotiation, mediation, and arbitration are preferred for their efficacy and cost-efficiency, aligning with the principles of the *Chicago Convention*. This convention advocates for negotiation as the primary avenue for resolving conflicts. A notable approach in aviation dispute resolution is the prioritization method, notably utilized in air traffic management scenarios. This strategy proves instrumental in settling conflicts stemming from shared airspace utilization. #aviation #aviationlaw #disputes #disputeresolution #indianaviationlaw

The Athens Convention (1974): The Athens Convention (1974) is a significant international treaty that regulates the rights and liabilities of passengers and ship-owners in the carriage of passengers and their luggage by sea. The Convention was adopted by the International Maritime Organization (IMO) and has been ratified by over approx 29 countries. It has undergone several amendments, and the most recent amendments were adopted in 1990 and 2002. 📌Key Aspects 1. Contract of Carriage: Based on common law principles, including offer, acceptance, and consideration. 2. Historical Context: Introduced in response to the Adler v Dickenson (1954) case, which led to the introduction of the Himalaya Clause. 3. Application: Applies to ships of contracting states performing international voyages. 4. Definitions: Defines key terms, including passenger, luggage, and period of cover. 5. Carrier's Liability: Liable for damages caused by shipwreck, collision, fire, or defects, but the burden of proof lies with the passenger to show fault. 6. Limits of Liability: Limited to specified amounts, measured in Special Drawing Rights (SDR), as follows: - Death or personal injury: 250,000 SDR per passenger - Loss of or damage to cabin luggage: 2,250 SDR per passenger - Loss of or damage to vehicle luggage: 10,000 SDR per vehicle - Loss of or damage to other luggage: 3,375 SDR per passenger 7. Intentional or Reckless Damage: Loses the right to limit liability if the damage was caused intentionally or recklessly. 📌Limitation Period A period of two years is set within which the claimant must bring about an action. The period commences: a) From the date of disembarkation of the passenger, or b) In the case of death, from the date when the deceased would have disembarked. If death occurs as a result of an injury, the period starts from the date of death, provided it does not exceed three years from the date of disembarkation. 📌Examples 1. Passenger Injury: A passenger is injured during a ship collision caused by the shipowner's negligence. 2. Damage to Luggage: A passenger's luggage is lost or damaged due to a fire on the ship. 3. Death of a Passenger: A passenger dies during a voyage due to an accident caused by the carrier's negligence.

Happy International Civil Aviation Day! We recognize the incredible strides made in global aviation, which connects people, cultures, and economies across the world. Whether it’s contractual disagreements, regulatory issues, or international aviation conflicts, arbitration offers a quicker, more flexible alternative to traditional litigation, ensuring that the industry continues to soar smoothly. As the aviation industry faces new challenges—such as evolving regulations, environmental concerns, and cross-border transactions—timely and effective dispute resolution will play an increasingly critical role in ensuring continued growth and stability. #CivilAviationDay #AviationArbitration #DisputeResolution #GlobalAviation #ArbitrationCenter

Please do take a look at our recent Aviation Law article #aviationlaw #aviation https://lnkd.in/ebgfJkYJ