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Aviation

Aviation

Key Contacts

Cambodia

Indonesia

Laos

Myanmar

Thailand

Vietnam

Jay Cohen

     +855 23 964 210

     [email protected]

John Frangos

     +66 2056 5790

     [email protected]

John Frangos

     +66 2056 5790

     [email protected]

Niti Muangkote

     +66 2056 5542

     [email protected]

Santhapat Periera

     +66 2056 5995

     [email protected]

John Frangos

     +66 2056 5790

     [email protected]

Santhapat Periera

     +66 2056 5995

     [email protected]

John Frangos

     +66 2056 5790

     [email protected]

Chuyen Hong Huu Le

     +84 28 628 45687

     [email protected]

OVERVIEW

Tilleke & Gibbins has handled some of the most significant aviation sector legal matters in Southeast Asian history.

Tilleke & Gibbins’ cross-disciplinary aviation team serves airlines, aircraft lessors and lessees, insurers, banks, air cargo firms, and other aviation-related companies in Southeast Asia, one of the world’s fastest-growing aviation markets. With our firm’s top-ranked dispute resolution and corporate departments, as well as our multijurisdictional presence, we are well placed to advise clients in aviation matters.

Our practice covers:

  • Aircraft leasing disputes and repossessions
  • Civil aviation regulations
  • Air carrier liability
  • Air carrier insurance claims and disputes
  • Commercial and labor disputes involving the aviation industry
  • Aircraft acquisitions and sales
  • Aircraft leasing and financing

Our understanding of the business and regulatory environments in Southeast Asia, as well as our strong relationships, enables us to provide unparalleled breadth of support to clients in the aviation sector. In addition to representing our clients in corporate, commercial, and financing transactions, we regularly represent our clients before civil aviation departments, courts, and arbitration tribunals.

Case Studies
Thailand | Aviation

USD 29 Million Aircraft Acquisition for Multinational Company

Acted as Thai counsel for a world-leading multinational vehicle manufacturer in connection with its USD 29 million purchase of a used Gulfstream Aerospace GV-SP (Gulfstream G550) aircraft from a leading Thai travel retail group.

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Thailand | Aviation

Court Affirms Thai Civil Aviation Authority’s Ability to Repossess Leased Aircraft in Default

Advised Air Lease Corporation, a publicly listed American aircraft leasing company, on the repossession of two Boeing 737 aircraft with a combined value of over USD 80 million from a Thai airline that defaulted on its payments, in a case that confirmed, for the first time, the CAAT's ability to repossess aircraft in default without a court order.

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Thailand | Aviation

Successful Repossession of Two Cessna Caravan 208 B Aircraft

Acted for a Pacific Air Holdings LLC, a US-based aircraft leasing company, in the successful repossession of two aircraft valued at approx. USD 2.6 million after a Thai airline company breached the lease agreements for the aircraft.

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Experience

  • Representing a number of international creditors, including aircraft lessors, global banks, and credit card companies, in the landmark restructuring of national flag carrier, Thai Airways.
  • Assisted a global aircraft leasing company on the successful repossession of an Airbus A319 that was on lease to a Thai airline that defaulted on its payments.
  • Assisted in structuring an airline alliance, organized as a joint venture, between two major international carriers. The joint venture is now in operation, and has helped to position both carriers for improved profitability.
  • Represented an aviation operating and leasing company based in Ireland, with over 240 aircraft, in claiming several million USD in damages as a result of breached aircraft lease agreements on three leased Boeing 737-800 aircraft.
  • Advised a client on the acquisition of a Thai-registered commercial aviation services company, owned by a UK listed company, as part of a process to bid for, construct, and operate a fuel tank farm at Bangkok’s Suvarnabhumi Airport.
  • Advised a coalition of European banks regarding Vietnamese law on secured aircraft finance and provided annual updates on changes to same.
  • Successfully represented a Korean airline in a contract dispute with its Thai ticketing agent.
  • Prepared aircraft service agreements and air transport service agreements for a local aviation company.
  • Assisted a global aircraft leasing company on the repossession of an Airbus A321 from a Thai airline that has defaulted on its lease payments.
  • Advised a financier on leasing multiple aircraft to a new Thailand-based airline.
  • Represented a multinational air carrier in litigation involving cargo damages and prevailed against a global insurance company.
  • Successfully defended one of the world’s leading liner companies against multiple cargo claims brought in Thailand’s Intellectual Property and International Trade Court.
  • Advised a major Korean airline on the termination of employees in Thailand based on poor performance. We reviewed the client’s extensive internal employment policies, work rules, and assessment criteria. We then issued specific recommendations on how the client should revise its policies and procedures to ensure that the company is in full compliance with Thai law.
  • Assisted an African airline with setting up a representative office in Hanoi.

PROFESSIONALS

RELATED INSIGHTS

August 28, 2024
Aviation legal specialists from Tilleke & Gibbins’ offices in Vietnam have provided the Vietnam chapter for the Aviation Finance & Leasing 2024 guide from Chambers and Partners. The guide covers important legal issues faced by aircraft lessors, lessees, and financiers in 37 jurisdictions worldwide. In addition to the Vietnam chapter, Tilleke & Gibbins contributed the Thailand chapter to Aviation Finance & Leasing 2024. The Vietnam chapter provides in-depth details on the legal regime affecting all aspects of aircraft sale and purchase, aircraft and engine leasing, and aircraft debt finance, including sale and lease agreement terms; taxation; lease registration and enforcement; lease assignment/novation; insurance and reinsurance; debt structuring; securities; liens; and many other matters that affect the day-to-day operations of leading players in the aviation industry in Vietnam. Chambers and Partners’ Global Practice Guides provide in-house counsel with expert legal commentary focusing on practical legal issues affecting business, enabling readers to compare legislation and relevant procedures across a range of key jurisdictions. The Vietnam chapter of Aviation Finance & Leasing 2024 is available as a PDF through the button below, courtesy of Chambers and Partners. The full guide is accessible for free on the Chambers and Partners website.
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August 28, 2024
Attorneys from the aviation team in Tilleke & Gibbins’ Bangkok office have contributed the Thailand chapter for Aviation Finance & Leasing 2024 from Chambers and Partners. The guide covers the key legal issues affecting aircraft lessors, lessees, and financiers in 37 jurisdictions worldwide. In addition to the Thailand chapter, Tilleke & Gibbins also provided the Vietnam chapter to Aviation Finance & Leasing 2024. The Thailand chapter provides in-depth details on the country’s legal regime affecting all aspects of aircraft sale and purchase, aircraft and engine leasing, and aircraft debt finance, including sale and lease agreement terms; taxation; lease registration and enforcement; lease assignment/novation; insurance and reinsurance; debt structuring; securities; liens; and many other matters that have implications for day-to-day operations in the aviation industry. Chambers and Partners’ Global Practice Guides provide in-house counsel with expert legal commentary focusing on practical legal issues affecting business, enabling readers to compare legislation and relevant procedures across a range of key jurisdictions. The Thailand chapter of Aviation Finance & Leasing 2024 is available as a PDF through the button below, courtesy of Chambers and Partners. The full guide is accessible for free on the Chambers and Partners website.
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April 2, 2024
Aircraft lease agreements are commonly governed by the law of England and Wales, New York, or another common-law jurisdiction. This article examines the challenges of applying these and other foreign laws to an aircraft lease dispute in Thailand. The applicability of foreign law in Thailand is subject to the Conflict of Laws Act B.E. 2481 (1938). Section 8 of the Conflict of Laws Act states, “Whenever the law of a foreign country which is to govern is not proved to the satisfaction of the court, the internal law of Thailand shall apply.” According to this section, the burden of proof is on the party that claims the foreign law. The claiming party must prove to the court the existence of the foreign law and how the law applies. However, in aircraft lease disputes, especially those that involve seizing or repossessing aircraft, generally only Thai law will apply. Seizing or repossessing an aircraft involves Thai government authorities such as the Civil Aviation Authority of Thailand (CAAT) and the Airports of Thailand (AOT), among others, and these authorities will only comply with Thai law. Moreover, foreign court judgments are not enforceable in Thailand. This means that any action to seize or repossess an aircraft in Thailand must be initiated in Thailand and using Thai law. Foreign court judgments, however, can be used as evidence and may be helpful in convincing the CAAT or court that the lessor is entitled to repossess an aircraft, and in proving damages. The Thai laws relevant in a hostile repossession or seizure action include the Air Navigation Act, the Civil and Commercial Code (CCC), and the Civil Proceedings Code (CPC). The CCC provides guidelines on contract termination and the rights of parties in lease agreements. Specifically, it outlines the conditions under which a lessor can terminate
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December 15, 2023
As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2023. This guide outlines the key factors for starting and operating a business in the Thai market. Issues covered include: Investment incentives Financial facilities Exchange controls Import and export regulations Structures for doing business Requirements for the Establishment of a Business Operation of the Business Cessation or Termination of the Business Labor legislation, relations, and supply Tax Immigration requirements This publication is part of Lex Mundi’s Country Guides series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource for planning international business strategy and researching new markets. The full Guide to Doing Business in Thailand is available through the button below.
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AWARDS & RANKINGS
September 13, 2024
The 2024 edition of the IFLR1000 Asia-Pacific rankings, released by International Financial Law Review (IFLR), highlights Tilleke & Gibbins’ continued excellence in financial and corporate transactional work. The firm has retained its strong rankings across multiple jurisdictions and practice areas, reaffirming its position as a leading firm in the Asia-Pacific region. This year, Tilleke & Gibbins received firmwide rankings in key jurisdictions, including: Thailand Banking & Finance – Tier 3 Capital Markets: Debt – Tier 3 Capital Markets: Equity – Tier 3 M&A – Tier 2 Project Development – Tier 2 Restructuring & Insolvency – Tier 3 Vietnam Banking & Finance – Other Notable M&A – Tier 3 Project Development – Tier 3 Cambodia Financial & Corporate – Tier 2 Project Development – Tier 2 Laos Financial & Corporate – Tier 2 In addition to these firmwide rankings, Tilleke & Gibbins had several standout individual recognitions, with 10 lawyers honored in the 2024 individual rankings, including new entries for John Frangos, Niti Muangkote, Santhapat Periera, and Tram Ngoc Bich Nguyen. The full list is as follows: Charunun Sathitsuksomboon – Highly Regarded, M&A, Thailand Charuwan Charoonchitsathian – Rising Star, M&A, Thailand David Mol – Rising Star, Corporate and M&A, Cambodia Jay Cohen – Highly Regarded, Banking, Cambodia John Frangos – Notable Practitioner, Restructuring & Insolvency, Thailand (new ranking) Niti Muangkote – Rising Star, Financial & Corporate, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Saithong Rattana – Notable Practitioner, Project Development and M&A, Laos Santhapat Periera – Highly Regarded, Banking, M&A, Laos; Highly Regarded, Banking & Finance, Thailand (new ranking) Supasit Boonsanong – Highly Regarded, Project Development, Thailand Tram Ngoc Bich Nguyen – Highly Regarded, M&A, Vietnam (new ranking) To see the full set of IFLR1000 rankings for Tilleke & Gibbins’ jurisdictions, please see the Cambodia, Laos, Thailand, and
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September 12, 2024
Tilleke & Gibbins has once again secured impressive rankings in the recently released Asialaw 2024 rankings. The firm has maintained its position as a top legal service provider across multiple jurisdictions, earning a total of 39 rankings in practice and industry groups, 19 of which are in the highest tiers. The firm’s performance continues to reflect its exceptional client service and legal expertise across Southeast Asia. Tilleke & Gibbins is recognized in all available categories for Cambodia, Laos, and Thailand, demonstrating the firm’s strong presence across the region. In the individual rankings, 22 of the firm’s practitioners have been recognized, including three notable promotions and three new entries: Charunun Sathitsuksomboon (Thailand), newly ranked as a Notable Practitioner for Corporate and M&A. Linh Thi Mai Nguyen (Vietnam), promoted to Distinguished Practitioner for Intellectual Property. Loc Xuan Le (Vietnam), promoted to Elite Practitioner for Intellectual Property. Niti Muangkote (Laos), a new entry as a Rising Star for Banking and Finance. Prisna Sungwanna (Laos), newly ranked as a Distinguished Practitioner for Corporate and M&A and Banking & Finance. Suebsiri Taweepon (Thailand), promoted to Distinguished Practitioner for Intellectual Property and Technology and Telecommunications. Client feedback remains a key component of the Asialaw rankings, with Tilleke & Gibbins earning high praise for its responsiveness and commercial awareness. The firm’s sector-specific knowledge also continues to stand out, with clients expressing their appreciation of the firm’s understanding of their businesses’ operational contexts. For more details and to browse the full rankings, please visit the Asialaw website.
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July 23, 2024
In the Who’s Who Legal (WWL) Southeast Asia guide for 2024, a total of 12 Tilleke & Gibbins lawyers have been distinguished as market leaders in various legal practice areas. The firm’s 12 recognized lawyers, singled out for their commitment to delivering exceptional legal services to Tilleke & Gibbins’ clients, are grouped into seven practice areas: Asset Recovery: Thawat Damsa-ard Data: Alan Adcock, Athistha (Nop) Chitranukroh Franchise: Alan Adcock, Jay Cohen Intellectual Property: Alan Adcock (Patents, Trademarks), Darani Vachanavuttivong (Patents, Trademarks), Kasama Sriwatanakul (Trademarks), Linh Thi Mai Nguyen (Trademarks), Somboon Earterasarun (Trademarks), Wongrat Ratanaprayul (Patents) Investigations: John Frangos and Thawat Damsa-ard Labor, Employment, and Benefits: Pimvimol (June) Vipamaneerut Life Sciences: Alan Adcock, Loc Xuan Le The annual WWL Southeast Asia rankings guide, published by the London-based group Law Business Research, aims to identify the foremost legal practitioners across a range of business law practice areas. The rankings are largely based on feedback and nominations received from other WWL-ranked and nominated attorneys around the world. These peer-driven recognitions highlight Tilleke & Gibbins’ dedication to maintaining the highest standards of legal service and helping clients achieve success. To read more about the WWL Southeast Asia guide, or to browse the full results, please visit the WWL website.
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July 19, 2024
Tilleke & Gibbins has been shortlisted for six awards at the Asialaw Awards 2024. The nominations highlight the firm’s outstanding performance and leadership in Southeast Asia’s legal landscape. The firm has received the following nominations: Regional Corporate/M&A Firm of the Year Cambodia Firm of the Year Laos Firm of the Year Thailand Firm of the Year In addition to the firm nominations, two individuals from Tilleke & Gibbins have been recognized for their exceptional contributions: Prisna Sungwanna – Laos Female Lawyer of the Year Charunun Sathitsuksomboon – Thailand Female Lawyer of the Year The Asialaw Awards celebrate the leading law firms and legal professionals across the region, recognizing excellence in practice and service. The winners will be announced at a ceremony in Kuala Lumpur, Malaysia, on September 26. For more information on the Asialaw Awards 2024 and to browse a full list of the winners, please visit the Asialaw website.
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