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Aviation

Aviation

Key Contacts

Cambodia

Indonesia

Laos

Myanmar

Thailand

Vietnam

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.

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

November 24, 2021
Attorneys from Tilleke & Gibbins have provided the latest update to the Thailand contribution to Doing Business in…, a Q&A-style guide published by Thomson Reuters Practical Law that presents an overview of the legal framework for doing business in 63 jurisdictions worldwide. The Thailand chapter of the guide outlines Thailand’s legal system and key laws applicable to foreign companies doing business in the country. The chapter specifically covers the following main topics: Legal system: Thailand’s court system and codified legal system. Foreign investment: Lists of reserved business activities, restrictions on doing business with certain jurisdictions, exchange controls and currency regulations, and grants and incentives available to investors. Business vehicles: Ordinary partnerships, registered ordinary partnerships, limited partnerships, private limited companies, and public companies. Environment: Main laws and regulations, factory operation. Employment: Laws, employment contract requirements, work permits, and termination and redundancy. Tax: Taxes on employment, tax and nontax resident employees and businesses, corporate income tax, value added tax, special business tax, municipal tax, stamp duty, dividends, interest, intellectual property royalties. Competition: Important aspects of Thailand’s regulatory regime surrounding competition, centered around the updated Trade Competition Act. Antibribery and corruption: Laws, compliance requirements, regulatory authority. Intellectual property: Patents, trademarks, registered and unregistered designs, and copyright. Marketing agreements and advertising: Regulation of marketing agreements, Thailand’s Consumer Protection Act, direct marketing, role of the Consumer Protection Board and Food and Drug Administration. E-commerce: E-commerce laws and regulations, marketing and sales via online platforms. Data protection: An outline of Thailand’s Personal Data Protection Act. Product liability: Procedures and regulations for product liability and product safety, including the Unsafe Goods Liability Act and the Consumer Case Procedure Act. Product liability: Key regulatory authorities for trade competition, environmental issues, and financial services. To browse, download, or print the Thailand chapter, please visit the Practical Law website.
October 25, 2021
Michael Ramirez, a counsel in Tilleke & Gibbins’ dispute resolution group in Bangkok, has updated the firm’s contribution to the Global Attorney-Client Privilege Guide, published by Lex Mundi. The newly expanded guide provides information on what constitutes attorney-client privilege in over 70 countries around the world. The Thailand section of the guide contains in-depth information on the function and applications of attorney-client privilege in Thailand (or, as explained in the guide, an equivalent concept enshrined in Thai law), including coverage of the following topics: Privilege in corporations Common interest doctrine Litigation funding Crime-fraud exception Work product doctrine/litigation privilege Other privileges including mediation, accountant-client and settlement negotiation The interactive guide features expert contributions by Lex Mundi member firms from jurisdictions worldwide. Readers can browse the contributions, generate country-specific reports, and compare attorney-client privilege in multiple jurisdictions. For more information, please visit the Lex Mundi website.
October 14, 2021
As part of its membership in Lex Mundi, Tilleke & Gibbins has published an updated edition of its Guide to Doing Business in Thailand for 2021. This guide outlines all of 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 Guides to Doing Business series prepared by member firms in more than 100 jurisdictions worldwide. The guides serve as a useful resource when planning an international business strategy or researching a new market.
August 2, 2021
Lawyers from Tilleke & Gibbins’ Bangkok office have authored the Thailand chapter of the 2021 edition of Chambers & Partners Aviation Finance & Leasing Guide. John Frangos, partner and deputy director of Tilleke & Gibbins’ dispute resolution practice; Santhapat Periera, partner in the firm’s corporate and commercial department; and Nuanchun Somboonvinij, senior associate in the firm’s dispute resolution group, provided the Thailand update for the publication, which covers the most important legal developments affecting aircraft lessors, lessees, and financiers in 32 jurisdictions worldwide. The guide provides in-depth details on the legal regimes 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 others that affect the day-to-day operations of leading players 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, and enable readers to compare legislation and relevant procedures across a range of key jurisdictions. The full Chambers & Partners Aviation Finance & Leasing Guide—including the Thailand chapter—is available for free on the Chambers and Partners website, and the Thailand chapter be downloaded as a stand-alone PDF through the button below.
AWARDS & RANKINGS
May 13, 2025
Tilleke & Gibbins has been recognized in the In-House Community (IHC) Firms of the Year 2024, earning accolades across 19 categories in Thailand and Vietnam. The results, based on surveys of in-house counsel across Asia, reflect client perspectives on the quality and responsiveness of legal services in key practice areas. The firm received 11 Firm of the Year awards and two honorable mentions in Thailand, along with six Firm of the Year awards in Vietnam. Notably, Tilleke & Gibbins was named “Most Responsive International Law Firm” in both jurisdictions—an acknowledgment that underscores the firm’s longstanding commitment to client service. Firm of the Year – Thailand Most Responsive International Law Firm Antitrust/Competition Banking and Finance Employment Energy and Projects Intellectual Property International Arbitration Litigation and Dispute Resolution Real Estate and Construction Taxation Technology, Media, and Telecommunications Honorable Mention: Capital Markets Honorable Mention: Corporate and M&A Firm of the Year – Vietnam Most Responsive International Law Firm Employment Intellectual Property International Arbitration Litigation and Dispute Resolution Technology, Media, and Telecommunications The IHC Firms of the Year rankings are determined through responses from thousands of in-house counsel and corporate decision-makers in Asia and the Middle East. Tilleke & Gibbins is honored to receive this recognition from the clients and peers it serves across the region.
April 18, 2025
Asian Legal Business has released its 2025 “Employer of Choice” rankings, and Tilleke & Gibbins has once again secured top honors as a premier employer in the legal sector in both Thailand and Vietnam. This marks the 13th consecutive year that the firm has been recognized as Employer of Choice in Thailand and the 11th time in Vietnam.
April 1, 2025
Tilleke & Gibbins has been recognized in 10 categories at the 2025 Thailand Law Firm Awards from Asia Business Law Journal (ABLJ). These awards celebrate the country’s top law firms across key practice areas, as well as a separate category for the best overall firms. This year, Tilleke & Gibbins was named a leader in: Best Overall Law Firms Aviation Competition & Antitrust Data Compliance & Cybersecurity ESG (Environmental, Social, and Governance) Healthcare & Life Sciences IP Prosecution Private Equity & Venture Capital Shipping & Maritime Technology, Media & Telecoms The awards were determined by ABLJ’s research team, which evaluates law firms based on their recent work, client feedback, and standing in the market. ABLJ is a legal publication in Asia, providing in-depth coverage of legal and business developments across the region. Its annual Thailand Law Firm Awards highlight excellence in legal practice and industry leadership. For more details and the full list of winners, please visit the Asia Business Law Journal website.
February 26, 2025
Tilleke & Gibbins has been shortlisted for two prestigious recognitions in the Chambers Asia-Pacific and Greater China Region Awards 2025, receiving nominations for both Thailand Firm of the Year and Vietnam Firm of the Year. The Chambers Asia-Pacific and Greater China Region Awards recognize preeminent law firms demonstrating outstanding work, impressive strategic growth, and excellence in client service across the region. The Thailand nomination marks the firm’s fifth consecutive shortlisting and eleventh since 2010, demonstrating Tilleke & Gibbins’ sustained excellence and leadership in the Thai legal market. For Vietnam, this is the second consecutive year the firm has been recognized, further cementing its reputation in this dynamic market. The winners will be announced at an awards ceremony in Singapore on May 30, 2025. To learn more about the Chambers Asia-Pacific and Greater China Region Awards 2025 and browse the full list of nominations, please visit the Chambers and Partners website.