Category Archives: aviation finance

speaking at 3rd Annual BALA Summit, Business Aviation in Latin America, A Vision for the Future, Friday 12th August 2011, LABACE, Sao Paulo, Brazil. ” Legal and Tax Aspects of Business Aviation in the Region: How Owners and Lessors Can Benefit”

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Blue Sky Case: English Law Aircraft Mortgages vs Aruba Law Aircraft Mortgages

On 25 March 2010, the English High Court ruled on the matter of the validity of international aircraft financing transactions. The facts of the Blue Sky case clarify that England functioned an “off-shore aviation finance jurisdiction” as the aircraft involved … Continue reading

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The Protocol to the Convention on International Interests in Mobile Equipment on matters specific to aircraft equipment

The Protocol to the Convention on International Interests in Mobile Equipment on matters specific to Aircraft Equipment (Protocol or AEP) was adopted on November 16th, 2001 and come into force on March 1st, 2006.[1] It was adopted during a diplomatic … Continue reading

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The Cape Town Convention and the Mobile Protocol

The Convention on International Interests in Mobile Equipment (Convention or CIME) was realized in November 2001 in Cape Town and has come into force on April 1st, 2004. The Convention was created to facilitate the financing and acquisition of mobile … Continue reading

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Kingdom of the Netherlands the Cape Town Convention and Aircraft Protocol

The status lists for the Cape Town Convention and Aircraft Protocol have been updated to take account of the deposit of instruments by the Kingdom of the Netherlands on 17 May 2010.  The updated lists are available via the following … Continue reading

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Aruba 2010: year of the Cape Town Convention Cape Town Convention on International Interests in Mobile Equipment

Following recommendations made by Gomez & Bikker’s Aviation Finance Practice Group www.gobiklaw.com  the Government of Aruba has accepted to ratify and implement the Cape Town Convention on International Interests in Mobile Equipment and the Aircraft Protocol thereto. These two instruments … Continue reading

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Who owns the (aircraft) engine(s)? The doctrine of accession explained

While the Kingdom of the Netherlands has not adopted the Cape Town Convention, Patrick Honnebier writes that the rulings of its Supreme Court indicate that this treaty determines that aircraft engines can be financed separately in this jurisdiction The aim … Continue reading

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Aruba as the Flag State of Choice for Aircraft Lessors and Financiers

Aruba has established a modern legal system, which facilitates the financing and ensures the safety of aircraft and aircraft engines that are operated internationally. http://www.terralex.org/publication.aspx?id=4c18d103f9&goBackUrl=/publications.aspx&goBackUrlLabel=Return%20to%20publications&topicid=jufgetf45t

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The Republic of Kazakhstan joins the Cape Town Convention

The status lists for the Cape Town Convention and Aircraft Protocol have been updated to take account of the deposit of an instrument by the Republic of Kazakhstan on 21 January 2009. http://www.unidroit.org/english/implement/i-2001-convention.pdf http://www.unidroit.org/english/implement/i-2001-aircraftprotocol.pdf

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P.G. looses civil injuction against Aruba.

On June 5th, 2007 The Courts of Aruba declared a civil claim of the prosecutor general (“PG”) inadmissible. The  PG demanded that her pension to be adjusted in accordance to certain promises made by Aruba. The Court ruled that the PG … Continue reading

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