Tay & Partners

Aviation

Aviation

Our lawyers have extensive experience in aviation-related matters and provide specialised counsel to a wide range of clients, including airlines, carriers, private jet operators, financiers, lessors, export credit agencies, insurers, reinsurers, maintenance and repair organisations (MROs), and other aviation service providers.

We regularly advise clients on Malaysian aviation laws, including the Civil Aviation Act 1969, the Carriage by Air Act 1974, the Civil Aviation Authority of Malaysia Act 2017, the Malaysian Aviation Commission Act 2015 and all related subsidiary legislation. We also provide guidance on international civil aviation conventions, particularly the Cape Town Convention, the Warsaw Convention and the Montreal Convention.

We prepare Malaysian law opinions for aircraft financiers and lessors on matters such as the legality and enforceability of aircraft loan facilities, mortgages, leases, assignments and corporate guarantees; the applicability of the Cape Town Convention; choice of law; submission to jurisdiction; repossession rights; and the recognition of foreign court judgments in Malaysia.

Our aviation practice extends to contentious matters. We assist financiers and lessors in enforcing their securities and mortgages, including repossession of aircraft and aircraft engines. We also advise airlines and carriers on their duty and liability arising from international and domestic carriage.

We have acted in several air accident and ground collision cases in Malaysia involving property damage and personal injury.

Our areas of practice

  • Aircraft finance
  • Aircraft leasing
  • Aircraft registration, deregistration and export
  • Aviation-related advisory
  • Aviation-related commercial transactions
  • Aircraft arrests, foreclosures and repossessions
  • Air accident claims