Jay Cohen
John Frangos
Dino Santaniello
Santhapat Periera
Thomas J. Treutler
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.
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.
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.
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.
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.
Partner and Deputy Director, Dispute Resolution
Nuanchun Somboonvinij
Prisna Sungwanna
Alongkorn Tongmee
Laos Issues New COVID-19 Control Order
On December 23, 2020, the Prime Minister's Office issued Notification No. 1414/PMO to continue implementing measures to prevent and control the spread of COVID-19 in Laos from the date of issuance to January 31, 2021. This comes amid a recent surge of COVID-19 cases in neighboring countries, and the transmission of the virus to individuals entering Laos. Specifically, the notification mandates the following: Continued suspension of chartered flights from foreign countries/zones where there is local transmission of COVID-19 among the community. Passengers of flights from countries where there is local transmission of the COVID-19 infection are also prohibited from transiting in Laos. Continued suspension of tourist visas for foreign nationals. Diplomats, employees of international organizations, experts, and investors urgently required to work in various projects must obtain the approval of the National Taskforce Committee for COVID-19 Prevention and Control (NTC); follow the prescribed sanitary measures; and have a COVID-19 PCR test certificate issued no more than 72 hours more before boarding the aircraft. When arriving in Lao PDR, these foreign nationals must undergo another PCR test and quarantine for 14 days in an approved location. Continued closure of all traditional and local border checkpoints (which differ from international checkpoints) to people and goods, except when exempted by the government. Spraying to eradicate germs will be administered per state authorities' recommendations. Continued closure of all international border checkpoints to the public, except for Lao and foreign individuals who need to enter and exit from Laos and have the NTC's permission to do so. Goods can be transported into and out of Laos as usual. Prohibition of large entertainment events (e.g., concerts). Private and family events must implement preventive measures based on the NTC's recommendations. Continued publication and dissemination of materials publicizing the preventive measures and urging the population in Laos to observe these measures. Monitoring of any persons crossing the border, and patrolling of border checkpoints to ensure no illegal intrusion or departure from the country, overseen by the Ministry of Defense, the Ministry of Public Security, and the relevant departments at the local level (e.g., province, district). Requirement for people entering Laos to wear a medical device to monitor their movement within the country. The NTC is responsible for deciding the process and expenses associated with this (further details to be provided in due course). Review of designated quarantine locations and locations for the provision of COVID-19 related treatments, and consideration of the need to increase their number in preparation for an influx of individuals entering the country. Direction to the NTC to set conditions for the purchase of COVID-19 insurance by foreign individuals entering the country (further details to be provided in due course ). Assignment of the NTC to cooperate with foreign countries developing measures regarding COVID-19 vaccines. For further information on these or any other COVID-19 contingencies and requirements in Laos, please contact Tilleke & Gibbins at [email protected]
Lex Mundi Global Attorney-Client Privilege Guide – Thailand Chapter
The Global Attorney-Client Privilege Guide, published by Lex Mundi, provides information on what constitutes attorney-client privilege in over 65 jurisdictions around the world. The Thailand chapter of the guide was written by Michael Ramirez, counsel in the dispute resolution group of Tilleke & Gibbins' Bangkok office.
Cambodia Broadens Tax Exemptions for Aviation and Tourism Sectors
On April 9, 2020, the Cambodian General Department of Taxation (GDT) issued an official notification to clarify and widen the scope of the tax relief measures granted by the Ministry of Economy and Finance earlier this year in response to the COVID-19 pandemic.
COVID-19 and Aircraft Leases: Lessor Options under Thai law
The COVID-19 outbreak has had a devastating effect on Thailand's aviation industry. Both international and domestic flights have been dramatically curtailed or stopped altogether. When operations do resume, it is uncertain how many passengers will actually fly because of virus fears and economic impacts. Meanwhile, while airlines' revenue drops, their expenses continue. A lack of cash flow has resulted in airlines resorting to laying off employees or having their employees take leave without pay.