Hilka Birns’ Post

💡 Dealing with International Aircraft Transactions 💡 International transactions can often be complex, so we recommend taking additional steps to help protect your interests. Engaging the services of an Aircraft Broker with experience in both countries can help you navigate obstacles such as legal requirements, tax, customs, de-registration and registration and exchange rates. Since there may be a language barrier, it’s important that correspondence is meticulously documented, to avoid any misunderstandings. Need some support for an aircraft transaction? Get in touch with an Aircraft Broker through our Broker Directory here: https://lnkd.in/e-qD87XB #HomeOfAircraft #AvPay #aviation #aviation2u #aviationlife #aviationworld #aviationpics #avion #flugzeug #planning #strategy #value #investment #growth

As stated in the factsheet attached to this press release: "Mediation has the potential to bring many benefits to businesses across industries. These include:    i. Time and Cost-effectiveness: Compared to litigation or arbitration, mediations take substantially less time and thus cost less. Mediations can be done in-person, online or in a hybrid manner – thus reducing travel costs and carbon footprint. Preparing huge bundles of documentary evidence is not required, hence further saving time, effort, electricity, and paper.    ii. Preservation of business relationships: Mediation is designed to be harmonious and non-adversarial, in contrast to litigation and arbitration which are inherently adversarial. Mediation may therefore be beneficial in situations where parties wish to avoid affecting long-term relationships, e.g. in close-knit industries involving the same few players, or when unavoidable disruptions such as war or pandemics occur beyond parties’ control.    iii. Flexibility, control and creativity over outcomes: The parties have full control and ownership over the outcome, which allows for creative ways of resolving the dispute. Mediation allows for collaborative and creative solutions that take into account commercial considerations, going beyond strict legal remedies.     iv. Confidentiality: Mediation discussions and agreements are confidential and cannot be disclosed to third parties without prior consent. Even if mediation is unsuccessful, the substantive proceedings cannot be disclosed or admitted for use in court or arbitration. Hence disputes that could potentially hurt investor and business confidence if they went public, can be resolved efficiently while remaining completely confidential.     v. Corporate Governance: As companies grapple with Environmental, Social and Governance (“ESG”) risks as strategic considerations, mediation lends itself well as a management tool in resolving disputes more quickly and efficiently, thus strengthening a company’s ESG approach. Well-governed companies are likely to have fewer disputes and therefore will be more sustainable. This can be a unique selling point at leadership and brand marketing events – that sustainability goes beyond products and services but also extends to processes such as the management of legal disputes."   These features make mediation suitable for the aviation industry, especially when combined with the sector specific rules of The Hague Court of Arbitration for Aviation #disputeresolution #mediation #airlines #aircraftleasing

This is an important announcement by The Hague Court of Arbitration for Aviation and Singapore International Mediation Centre (SIMC) during the Singapore Airshow concerning their signing of MOU. In the aviation sector long-term relationships matter. Mediation can offer a means to resolve disputes without destroying the ongoing commercial dealings between the parties. The third page of this release 'Benefits of Mediation Factsheet' is an excellent summary of how mediation adds value in dispute resolution. The 'secret sauce' of The Hague Court of Arbitration for Aviation is that its rules are tailored specifically for the aviation sector. #mediation #disputeresolution #airlines #aircraftleasing

On 22 December 2023, the list of small islands and ports and of transnational public service contracts/obligations temporarily derogated under #EUETS Directive, has been published (Commission Implementing Decision (EU) 2023/2895). The temporary derogations will be applied from 1 January 2024 to 31 December 2030 in respect of emissions released from voyages performed by passenger ships, other than cruise passenger ships, and by ro-pax ships: ▶ between a port of an island with no road or rail link with the mainland and with a population of fewer than 200.000 permanent residents and a port under the jurisdiction of the same Member State, or from the activities, within a port, of such ships in relation to such voyages. See in Annex I relevant ports in Denmark, Greece, Spain, Croatia, Italy, Malta and Sweden. ▶ in the framework of a transnational public service contract or a transnational public service obligation connecting two Member States or from the activities, within a port, of such ships in relation to such voyages. See in Annex II relevant routes between Cyprus and Greece.

✈ Important ruling just published by the EU Court of Justice on air transport (case C-11/23). As a result of this ruling, they must be considered contrary to the art. 15 of Reg. 261/04 the contractual clauses, contained in the general contract conditions of the airlines, which prohibit the passenger from transferring his right to compensation to third-party professionals. However, the scope of the ruling is wider and it can be stated that the contractual clauses that prevent passengers from being able to turn, right from the start, to trusted professionals to request compensation are equally illegitimate. The Court writes: "To guarantee a high level of protection to air transport passengers and allow them to effectively exercise their rights in accordance with the objective set out in recital 20 of Regulation No. 261/2004, it is necessary to guarantee the passenger affected by the cancellation of a flight the freedom to choose the most effective way to defend his right, in particular allowing him to decide to directly contact the air carrier responsible for operating the flight, to appeal to the competent judicial bodies or, where provided for by the relevant legislation national right, to assign your credit to a third party to avoid difficulties and costs that could dissuade you from taking action personally against that carrier in cases of little economic relevance". #ECJ #airtransport #EU261 #compensation

“Blast from the Past” – Post 54: The “CMA CGM Libra” – a defective passage plan prepared before the voyage began which caused the vessel to ground involved a want of due diligence to make the vessel seaworthy by Owners before and at the beginning of the voyage under Article III, Rule 1 of the Hague/Hague-Visby Rules to which Article IV, Rule 2(a) was no defence – see DMC’s Case Notes @ https://lnkd.in/er9S9NxP #shipping #maritimelaw #litigation

-Regulate! -Given high taxes and fees there should be a minimum Revenue Per Mile, and no matter how fierce the competition, lowest fare should not go lower than that. Irrespective of the service model. -Create your own model! Canada is not; China, UK, US, India, UAE and YYZ is not LHR either -Ask the airline to first submit a financially viable and profitable model/feasibility and then issue an AOC Legacy, LCC, ULCC are just gimmicks that ultimately cost the exchequer, tax payers and other businesses

This is a big deal, as it requires unwinding the Joint Cooperation Agreement for transborder operations between the two. The only good news is that the DOT is giving the airlines until the end of the IATA S24 season (26 Oct 2024) to get it all done. Also, perhaps AMLO will change course at MEX, which would allow this to be reversed. But that seems incredibly unlikely given the government's position thus far and the ample opportunities he's had to shift policy. #AvGeek #aviation

Russian airlines scale up passenger transportation by 7% YOY in January - July 2024 Russian air carriers transported 12.1 mln passengers in July 2024, up 4.2% in annual terms MOSCOW, August 30/ Russian airlines boost passenger transportation by 7% year on year in January - July 2024 to 63.3 mln people, the Federal Air Transport Agency (Rosaviatsiya) reported. "The passenger traffic of Russian air carriers was over 63 mln people in January - July. The passenger traffic of Russian airlines surged by 6.9% in January - July against the like period of 2023," the agency said. "Among them, 48.1 mln were serviced on domestic air routes (+2.9%), and 15.1 mln people on international ones," the air regulator said. Russian air carriers transported 12.1 mln passengers in July 2024, up 4.2% in annual terms. #business #finance #financialservices

#GOOD_TO_KNOW | ECOWAS Commission Progressing Towards a Unified Taxes and Charges Framework to Cut Air Transportation Costs The ECOWAS Commission commissioned two studies to investigate the pricing structure of ECOWAS airlines, with the objective of developing a regional policy to advocate for a transparent pricing structure in line with the principles of the International Civil Aviation Organization (ICAO).Key findings from the studies revealed that, on average, each ECOWAS member state collects about 12 different taxes and charges. Compared to other regions in Africa, the Americas, Asia, and Europe, the ECOWAS zone collects aeronautical charges and government taxes that are approximately 1.05 times higher than those in East Africa. ➡️ Full Story (fr/en) is accessible here https://lnkd.in/enMUyWaR #newsaero #aviation #airlines #Africa #taxes #competition #Abuja #levies