International Air - Transport Law

2011 marks the end of the most difficult decade in aviation history; the industry has faced challenges on an unprecedented scale and businesses operating in themarket place have had to make quick and significant changes to their business plans in order to survive. Acquisition International speaks to the experts…

Ravi Kini is the managing attorney at M.V. Kini & Co., a full service law firm empanelled for the Air India Limited, IATA, Brihan Mumbai Electricity Supply and Transport Undertaking, Dedicated Freight Corridor Company Limited and others. The Firm also advises inprojects forRailways,MetroRail, etc. Ms. Serap Zuvin, is the founding partner of Serap Zuvin Law Offices, a full service law firm one of the expertise areas of which is Commercial Aviation Law.

How does your firm stand out from local competitors in terms of the services you offer?

Ravi Kini: “With our pan India presence and on the strength of our dedicated lawyers specializing in their respective fields, we are able to offer the best advice both in litigation and in corporatematterswith less turnaround time and on enviable rates.”

Ms. Serap Zuvin, Serap Zuvin Law Offices: “Being a heavily regulated area under Turkish laws, being involved in aviation law and having the ability to render legal advice requires for a significant knowhow/ expertise on the field.

“Representing aviation companies, aircraft/spare partmanufacturers and financiers for such a long time, Ms. Serap Zuvin has the industrial knowledge and the aptitude to understand the needs of the clients. She has many valuable contributions to the industry with her publications, webcast participations etc. She has advised toUSEximin its first Turkish aircraft financing to Turkey and Coface back in 1997.”

Which are the primary aviationlaws injurisdiction? And what regulative bodies govern them?

MV Kini & Co: “The aviation sector is primarily governed by the Aircrafts Act, 1934, Airports Authority of India Act, 1994 and Airports Economic Regulatory Authority of India Act, 2008. The main bodies which regulate aviation in India areDirectorateGeneral of Civil Aviation (DGCA),Ministry of CivilAviation (MCA) andAirportsAuthority of India (AAI). The Bureau of Civil Aviation Security (BCAS) is the regulatory authority responsible for aviation security in India.” Ms. Serap Zuvin, Serap Zuvin Law Offices: “Turkish Civil Aviation Law (“CAL”) is the main aviation law in Turkish jurisdiction. Civil Aviation Directorate of the Ministry of Transportation of the Republic of Turkey is the responsible authority for implementing aviation laws and the Turkish courts come into scene in case of a dispute, unless it is agreed otherwise.”

Can you please explain what systems and procedures are currently in place to prevent air accidents/deaths? What Insurance requirements are in place?

Ms. Serap Zuvin, Serap Zuvin Law Offices: “For example, providing for a third party liability insurance ismandatory under Turkish law and in addition, maintaining an insurance coverage which insures the aircraft itself against any damages which may occur on the same is necessary fromTurkish lawpoint of view, in case of a cross border aircraft financial lease transaction.”

How is air transport regulated in terms of safety and maintenance in your jurisdiction?

MV Kini & Co: “The Bureau of Civil Aviation Security (BCAS) is the regulatory authority responsible foraviationsecurity inIndia. It isheadedby an officer of the rank of Director General of Police and is designated as Commissioner of Security (CivilAviation). The arena of aviation is a harsh environment from the basic medium the aircraft flies in to the lubricants, fuels and additives used and even the basic materials in the structure. A system known as the Materials Safety and Data Sheets (MSDS) provides maintenance people and handlers knowledge about.”

What are your predictions, regarding M&A activity in Aviation over the next 12months?

Ms.SerapZuvin,SerapZuvinLawOffices: “Therehavebeenmany M&A activities in the world for the past two years; e.g. British Airways merged with Iberia Airlines. Moreover United Airlines merged with ContinentalAirlines and created the largest airline intheworld. One other merger transactionhas occurredbetweenLufthansa andAustrianAirlines.

“Similarly, in Turkey, Atlasjet and Turkish Cypriot Airlines reached a fifty – fifty profit sharing agreement and a joint venture; whereas Pegasus airlines acquired IZair (Izmir Airlines) which is also a Turkish airline company. There had been media news on Turkish Airlines being interested in acquiring shares of Serbian Jat Airways. Furthermore, various other media news has appeared recently stating that Pegasus Airline is attracting major European airlines for possible cooperation.

“In the light of such recent global approach on M&A activities in aviation sector; we believe that theM&A activities are likely to continue in the upcoming years.”