Purchasing, operating and maintaining an airplane is expensive. Both personal and business aircraft are high value assets, and there are many legal issues surrounding their purchase, financing and operation. Often, business and contract disputes arise. Whether you’re a business or a high net worth individual, the complexity of these issues require attorneys with many years of experience to help you.
Types of Disputes that May Arise
A wide variety of business and contract disputes arise in the aviation arena. Our team specializes in technically complex aviation issues, often involving international conventions and cross-border issues. We have handled cases involving virtually every aircraft system, including airframes, engines, avionics, electronics and hydraulics.
Our expertise covers a wide range of issues, including:
- Complex finance and leasing disputes
- Defects in the design and manufacture of aircraft
- Equipment failure
- Aircraft repossession
- Insurance claims
- Aircraft purchase and maintenance disputes
- Fraud, insolvency and asset recovery
- Charter agreements
- Catering agreements
- Hangar lease agreements
- Ground handling agreements
- Pilot services agreements
This is not a fully inclusive list, and we have successfully handled many other types of business and contractual disputes for our clients.
Dispute Resolution Strategies
In handling aviation-related business and contractual disputes, we engage in three primary strategies to resolve them: mediation, arbitration, and litigation.
Mediation - The objective of mediation is to come to resolution through the assistance of a third party neutral. Rather than unilaterally imposing a solution, the third party helps the disputing parties arrive at an acceptable resolution between themselves. Mediation can be effective at allowing parties to express their feelings and fully explore their grievances. Mediators work with parties together and separately to help them find a resolution that is sustainable, voluntary, and nonbinding.
Arbitration - In arbitration, a neutral third party is selected to serve as a judge who is responsible for resolving the dispute. The arbitrator listens as each side argues its case and presents pertinent evidence, then renders a binding decision. The disputing parties can negotiate virtually any aspect of the arbitration process, including which standards of evidence will be used and whether lawyers will be present at the time. Arbitrators render decisions that are usually confidential, and in most cases cannot be appealed. Like mediation, arbitration tends to be far less expensive than litigation.
Litigation - The most familiar type of dispute resolution, civil litigation typically involves a defendant and a plaintiff arguing their respective cases before either a judge or a judge and jury. The judge or the jury, known as the “trier of fact,” is responsible for weighing the evidence and making a ruling. The information conveyed in hearings and trials typically is entered into, and stays on, the public record. Lawyers manage the litigation, which often results in a settlement agreement during the pretrial period of discovery and preparation.
Avoiding Disputes
Obviously, the best way to avoid business and contract disputes in the first place is to ensure that the parties have a meeting of the minds, and then enter into contracts that are well drafted and contemplate the parties’ wishes and all possible contingencies. An experienced aviation lawyer can help ensure that your contracts adequately reflect the business relationship you are contemplating and the respective obligations and duties of the parties. A seasoned aviation lawyer can also help when unexpected issues arise and cause disputes between the parties.
Lento Law Group has many years of experience guiding its clients through the often perilous maze of complexities that arise in aviation contracts. Contact us today to ensure that your interests are well and fully represented.