Aviation & Aerospace

Our dedicated team of Aviation and Aerospace lawyers brings unparalleled expertise, and we are at the forefront of the Malaysian aviation and aerospace industry. We pride ourselves on our comprehensive range of services to assist in legal issues related to every aspect of our clients’ business.

We have broad and deep expertise in handling matters involving:

• Civil Aviation Regulation and Enforcement
  
• Aircraft Finance
  
• Aircraft Acquisition
  
• Aircraft and Engine Leasing
  
• Joint Ventures / Mergers and Acquisitions
• Service and Maintenance Agreements for Aircraft
  
• Human Resources / Employment Including Company Reorganization and Restructuring Issues
  
• Tenancy of Hangar
  
• Instructional and Classroom Facilities
  
• Advising on the Initial Set-Up of a Flight Training Academy, an Operations and Cargo Facility and Air Operators Across Different Business Models
  
• Business and General Aviation Matters
  
• Contracts Involving Governmental Entities

Our clients trust us with both routine and specialised matters. Our commitment to delivering exceptional service is underpinned by thorough industry knowledge and extensive experience.

Aviation

• Advising a Malaysian Labuan company on the acquisition of Bombardier Global 5000 Aircraft and the related financing with Sabah Development Bank (Ongoing).

• Advising Cempaka Helicopter Corporation Sdn Bhd for the sale, lease, technical and maintenance service of one (1) Dassault Falcon 8X Aircraft (Ongoing).

• Advising Cempaka Helicopter Corporation Sdn Bhd for the purchase, lease and technical and maintenance service of one (1) Dassault Falcon 8X Aircraft (Ongoing).

• Advising a new Malaysian carrier in relation to its first 17 aircraft leases (Ongoing).

• Advising the hangar operator in relation to a litigation matter whereby an aircraft suffered damage during a standard defueling and refueling exercise.

• Advising a commercial operator in relation to an insurance claim for damage to an aircraft, incurred during the pushback procedure.

• Advised Menzies Malaysia Sdn Bhd on the joint venture between Menzies Malaysia Sdn Bhd and MYAirline Sdn Bhd.

• Advised on the joint venture between Menzies Malaysia Sdn Bhd and a subsidiary of a Malaysian listed entity, to set up a ground handling company in Malaysia

• Malaysian counsel for the sale and novation of two aircraft between China Aircraft Leasing Company Limited & Pembroke Capital Limited.

• Malaysian counsel for the lease restructuring of two lessors with AirAsia X.

• Advised Weststar Aviation Services Sdn Bhd on a joint venture between its subsidiary and Helicopter & Cooperation SAS in Italy.

• Advised Weststar Aviation Services Sdn Bhd in relation to the 'Government-Operates-Company-Owns and Maintains' (Gocom) contract with Royal Malaysian Air Force (RMAF) for 4 helicopters.

• Advised a Malaysian company in relation to a finance lease for the purchase of an AW139 helicopter.

• Malaysian Counsel to 3 Lessors and several other Creditors in AirAsia X’s Court proceedings whereby the airline sought to obtain the Court’s leave to commence a Scheme of Arrangement to restructure its debts.

• Transaction Counsel advising 2 groups of Syndicated Lenders – involving both Conventional and Islamic Financing, in the recent restructuring of Malaysia Airlines pursuant to the English Court approval for a Scheme of Arrangement.

• Advised a Lessor in relation to a proposed repossession of a leased aircraft in Malaysia – the matter was then amicably resolved with a mutual early termination of the lease concerned.

• Malaysian Counsel for a Lessor in relation to a mutual early termination of Lease and redelivery of Aircraft, prior to the Lessee seeking to restructure its overall debts.

• Advised a Lessor in relation to a proposed change of registry for an aircraft currently on lease in a neighbour jurisdiction, onto the Malaysian registry – to avoid a default scenario and potential debt moratorium.

• Advised a Public Listed Entity in relation to the divestment of a majority share in a subsidiary that is an air operator – including advising on the Shareholders Agreements and Related Party Transactions.

• Advised a foreign party, entering into a purchase agreement with a Malaysian mortgagee – for the sale of an aircraft that was repossessed by the mortgagee in a default scenario.

• Malaysian Law adviser to a Helicopter Lessor on its first entry into the Malaysian leasing market (August 2021) – on the two leases and also the PBH support for those leases.

• As transaction counsel - advised a Malaysian bank on an Islamic facility to part-finance the acquisition of a narrowbody jet, as well as in the securitisation of the operating lease for the aircraft.

• As transaction counsel - advised a Malaysian bank on a commercial working capital facility, with multiple aircraft as the security.

• Regularly advising various foreign banks and lessors in relation to novations and/or assignments of finance and operating leases for aircraft assets leased to Malaysian operators.

• Acted as Malaysian counsel for lessor, head lease parties and finance parties in a restructuring of a tranche of 8 aircraft operating leases.

• As transaction counsel – advised 2 syndicates of Malaysian lenders (1 Conventional financing & 1 Islamic financing) in relation to the proposed novation of existing facilities, brought about by the changes in the Labuan leasing Requirements (2019).

• As transaction counsel – advised a helicopter fleet operator in relation to a cross-border restructuring involving 6 helicopters.

• Advised a Malaysian carrier in relation to the proposed early termination and return of 2 aircraft, including claims for maintenance reserves reimbursements and buy-out of redelivery conditions.

• Acted as Malaysian counsel for a European Lessor that had purchased a portfolio of aircraft including aircraft that were on existing leases with Malaysian lessees.

• Represented a new charter operator in relation to the entry of a new investor into the Company, by way of a subscription for Redeemable Convertible Preference Shares.

• Acted as the external “In-House Counsel” on retainer for a start-up non-scheduled operator, advising on all legal, corporate and employment matters.

• Advised Lessors and Financiers in relation to the Malaysia Airlines System (Administration) Act 2015.

• Advised a Public Listed Entity in relation to the divestment of a majority share in a subsidiary that is an air operator – including on the Shareholders Agreements and Related Party Transactions.

• Advised a Lessor in relation to the proposed transfer of an Aircraft on lease to a Malaysian air operator, into the Thai registry.

• Advised on the purchases of several privately-operated aircraft including rotor aircraft and on the structuring of operations for the different aircraft in Malaysia.

• Advised Rolls Royce Partners Finance in relation to their operating leases (of engines) in Malaysia.

• Advised the aircraft owner in relation to an aircraft accident where the aircraft was a total loss which centred primarily on the recovery of insurance proceeds and the settlement of the outstanding balance of the financing on the aircraft.

• Acted as Malaysian counsel for Lenders in relation to a Pre-Delivery Payment Financing as well as the financing for the aircraft purchase, to a Malaysian listed entity, in relation to the proposed purchase of a new private jet.

• Acted as Malaysian counsel for Lenders in relation to the financing of a used private jet.

• Advising a Malaysian listed entity in relation to the proposed charter of a private jet that is owned by a related party, including in relation to the compliance requirements of the Main Market Listing Requirements. 

• Acted as Malaysian counsel for Lenders in relation to the financing of a used private jet.

• Advised a Malaysian helicopter operator on a syndicated financing facility for its new fleet of aircraft.

• Advised a Malaysian entity on the proposed discharge of existing security and termination of existing facility, to enable the Malaysian company to enter into a sale of its private jet.

• Advising a Malaysian operator on the proposed global re-financing and new financing for its proposed new fleet of aircraft.
  
  

Aerospace

• Advising an ATO (Approved Training Organisation) in relation to the proposed tenancy of hangar, instructional and classroom facilities from a concessionaire in a Malaysian airport.

• Advising an aviation company on the purchase of a helicopter company (with an Air Operator’s Certificate) for the purposes of serving the offshore oil and gas industry.

• Advised on a partnership for the provision of cabin aircraft modifications, support and maintenance services within the ASEAN region.

• Advised on the corporate set-up of a flight training academy, including in relation to foreign equity restrictions and the Shareholders’ Agreement.

• Advised on the corporate set-up of a new air operator, and advised on the initial set-up of operations, including compliance and regulatory as well as Human Resources matters.

• Advised an airport operator in relation to land and tenancy matters, including possible terminations of tenancy agreements in default scenarios.

• Represented a Malaysian purchaser in the acquisition of a company with existing rights to distribute rotor wing aircraft in Malaysia; including negotiating the distributor agreement with the foreign OEM.

• Advised a helicopter lessor in relation to the harmonisation of the various maintenance contracts entered into by the lessor, and to ensure that the lessees are able to obtain the same terms from the maintenance service providers.

• Oversaw a due diligence process for a Malaysian aerospace company, looking to acquire a majority stake in a foreign company with operations in 3 different jurisdictions in Europe; and advising the Malaysian aerospace company in relation to the acquisition of the shares.

• Represented a Malaysian purchaser in the acquisition of a company with existing rights to distribute rotor wing aircraft in Malaysia; including negotiating the distributor agreement with the foreign OEM.

• Represented the Promoters in relation to a proposed entry of new investors into an unscheduled carrier.

• Advised various new leasing and financing companies entering into the Malaysian jurisdiction, by way of a Jurisdictional Questionnaire.

• Advised various aerospace companies in relation to Covid19-related internal restructuring and rationalisation programmes.

• Advised an airport operator in relation to the proposed set-up of a new cargo facility, on existing building space, based on drafts and offers already issued.

• Advised a Malaysian hangar concessionaire in relation to its proposed renewal of tenancy agreement with the airport operator.

• Advised an international ground handler in a joint venture with a Malaysian listed entity, to set up its first-ever operations in Malaysia.
  

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