Expertise
Airports and Aviation
Advising stakeholders across aviation regulation, infrastructure development, transactions, and disputes.
Get in touchLuthra and Luthra Law Offices India has been actively involved in advising clients on aircraft purchase contracts, aircraft leasing contracts, aircraft financing transactions, syndicated loan agreements in relation to cross border aircraft financing and related security documentation, fleet-wide maintenance contracts, contracts for purchasing aircraft equipment, buyer furnished equipment (BFE) purchase contracts, and in restructuring of airline companies.
The Firm has extensive experience in dealing with the regulatory authorities in the aviation sector including Directorate General of Civil Aviation. It has advised and assisted several prominent companies in the aviation sector in negotiating various aircraft purchase agreements, aircraft leasing contracts, vendor contracts, maintenance contracts for the engines, general maintenance agreements for its aircraft, maintenance, repair and overhaul (“MRO”) agreements, ticketing software contracts, code-sharing arrangements, etc. The Firm has also advised on the restructuring and modernization of some major airports in India.
Representative Matters
- Assisted Planning Commission of India (now known as Niti Ayog) in development of the model concession agreements for development of Greenfield Airports and model RFP & RFQ documentation for PPP projects.
- Assisted on amalgamation of Air India Limited and Indian Airlines Limited, two national carriers of India into National Aviation Company of India Limited (now Air India Limited), a 100% government owned company
- On acquisition of twenty-seven Boeing 787-8 Dreamliner aircraft from The Boeing Company, including advising Air India Limited, the Ministry of Law and the Ministry of Civil Aviation on the delivery delay settlement agreement.
- In relation to the appointment of the General Sales Agents worldwide through the tender process for its passenger ticketing operations.
- Assisted a bidding consortium comprising an Indian infrastructure company and a Europe based infrastructure player, in connection with the bidding process initiated by Airports Authority of India for the privatization of six airports in the country on OMT basis. The scope of work includes review of the bid documents and advising the client on the issues arising in the bid process.
- Assisted a consortium comprising Changi Airport Managers & Partners Pte Limited and Bharti Enterprise in bidding for the acquisition of a substantial stake in a joint venture company with the Airport Authority of India, in connection with the restructuring and modernization of the Delhi and Mumbai airports.
- Assisted an international airport developer in connection with the bid process initiated by City and Industrial Development Corporation of Maharashtra Limited for the Navi Mumbai International Airport on a PPP basis.
- Assisted Bangalore International Airport Limited on drafting and negotiating agreements with the sole operator of the aviation fuel depot at the Bangalore Airport.
- Assisted Deccan Aviation Limited & Kingfisher Airlines Limited in the demerger of the commercial airline division undertaking of Kingfisher Airlines Limited and the merger of the undertaking into Deccan Aviation Limited.
- Assisted Aer Rianta International cpt., one of the world’s largest duty free operators, as Indian counsel, in relation to two bids, for award of concession for setting up the duty-free stores, at the Mumbai International Airport and at the Bengaluru International Airport.
- Assisted DLF Group in connection with the purchase agreement entered into with a helicopter manufacturer for one helicopter.
- Advised Goldman Sachs in relation to subscription of zero coupon foreign currency convertible-bonds of Spice jet Limited, a scheduled low cost domestic carrier.
- Advised ICICI Bank Limited, New York Branch on the financing of a Bombardier Challenger 300 aircraft, being acquired on a private category basis, by an Indian entity engaged in the healthcare and education sector.
- Advised KBD Sugars and Distilleries Limited on long term charter arrangements relating to helicopters.
- Assisted Kingfisher Airlines Limited for its entire fleet acquisition transaction, and has acted as Kingfisher’s counsel in aircraft leasing transactions, maintenance contracts, vendor contracts, international route operations and host of other transactions in relation to its day-to-day operations.
- Advised Lufthansa Airlines on their day-to-day operational issues in India including ticketing software agreements and ground handling agreements.
- Advised Rolls-Royce in connection with the proposed transaction with the Indian Navy in relation to support to be provided for certain aircraft and helicopter engines.
- Assisted Span Air Private Limited in connection with its aircraft purchases, financing of aircraft and their day-to-day operations.
- Advised an Indian entity in connection with their purchase agreement with Embraer for the purchase of two (2) EMB 135 BJ aircraft.
- Advised United Breweries Group in relation to acquisition of a substantial stake in Deccan Aviation Limited, the then leading low-cost carrier in India. The transaction value amounted to USD 220 Million.
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