IPBA 2021

Pandemic and the Way Forward: Situation and Reaction in the Aviation Industry

Organised by: Aviation & Aerospace Committee

Session abstract:

The aviation industry has been amongst the industries more severely affected due to the pandemic, and the aftermath of this phenomenon may still impact it for a number of years.  Regardless, a set of regulations, policies and measures have allowed many carriers to continue in business during uncertain moments and to prepare them for a less challenging future.  In this session, we will explore the situation of the industry within the pandemic, its effects and the reaction for a new take-off.

Moderators

Fernando Hurtado de Mendoza
Partner
Kennedys
Lima

Fernando Hurtado de Mendoza specializes in corporate, aviation and insurance law. Lawyer by Universidad Católica del Perú, with a LLM in U.S. & Asia Business and Trade Law from New York University and a LLM in Corporate & Financial Services from the National University of Singapore. Arbitrator for the Lima Chamber of Commerce in insurance and transport matters. Consistently recognized by international publications such as Chambers & Partners, Who’s Who Legal and Legal 500.
Former vice-president of the Cross Border Investment Committee of IPBA. His corporate practice focuses on advising local and foreign clients in relation to their commercial needs, related to the initiation, continuation, expansion and exit of local operations, including the advice to Asian, European and North American investors for their potential entry into Peru.

Fernando chairs the Aviation and Aerospace Committee of IPBA. He has significant experience in regulatory advisory to air carriers, and in aircraft finance as advisor to international financial entities and foreign lessors in the placement of assets in Latin America. Likewise, continuously receives instructions from reinsurers to handle claims for aviation losses.

Fernando is vice-president of the Peruvian Association of Insurance Law and leading member of the Reinsurance Working Group of the Ibero Latin American Committee of the International Association of Insurance Law. He has broad experience on insurance advisory and claims handling related to a set of insurance lines.

Gabriel Kuznietz
Lawyer
Demarest Advogados
São Paulo

Partner of Demarest’s Mergers and Acquisitions area, as well as head of the Asia Practice and co-head of the Ibero-American Practice of the firm, Gabriel Kuznietz holds a master’s degree from the University of Pennsylvania Law School (USA) and is admitted to practice law in both Brazil and in Argentina. He is specialized in the areas of Corporate Law, Mergers and Acquisitions, Aviation and Maritime Law and Infrastructure. Among his main clients are aviation companies, vehicle assemblers, large multinationals and multilatinas, some of them operating in the maritime sector. Gabriel is a member of the International Bar Association (IBA), Vice-President of the Brazilian Chamber of Commerce (Camarbra) and Officer of the Inter-Pacific Bar Association (IPBA) Aviation Committee.

Speakers

Gabriel Kuznietz
Lawyer
Demarest Advogados
São Paulo

Partner of Demarest’s Mergers and Acquisitions area, as well as head of the Asia Practice and co-head of the Ibero-American Practice of the firm, Gabriel Kuznietz holds a master’s degree from the University of Pennsylvania Law School (USA) and is admitted to practice law in both Brazil and in Argentina. He is specialized in the areas of Corporate Law, Mergers and Acquisitions, Aviation and Maritime Law and Infrastructure. Among his main clients are aviation companies, vehicle assemblers, large multinationals and multilatinas, some of them operating in the maritime sector. Gabriel is a member of the International Bar Association (IBA), Vice-President of the Brazilian Chamber of Commerce (Camarbra) and Officer of the Inter-Pacific Bar Association (IPBA) Aviation Committee.

Dr. Jean-Claude Beaujour
Of Counsel
Harlay
Paris

Jean-Claude BEAUJOUR is an attorney at the Paris Bar and pratises law with Harlay law firm. Jean-Claude holds a PHD in Law (Panthéon-Sorbonne), LLM (UCL), PIL (Harvard Law School) is a certified mediator (CEDR-London). He also graduated in Chinese and Japanese from the National Institute for Oriental Languages and Civilizations (Langues O’). Jean-Claude has an extensive experience in international commercial dispute resolution and mediation, both as counsel for the parties and ad hoc mediator (shareholders’ conflicts, execution of contracts) and aviation law. Jean-Claude has also served as a expert witness in civil law before common law jurisdictions.

Jean-Claude is vice-chair of the Aviation Committee of the IPBA and a lecturer at the Université du transport aérien (UTA).

Lai Wai Fong
Partner
Shearn Delamore & Co
Kuala Lumpar

Lai Wai Fong has been a Partner since 2010. Her area of practice is Dispute Resolution. She provides legal advice across a wide range of matters including corporate and commercial disputes, land litigation, insurance disputes, tort and aviation disputes.

Robert Quon
Partner
Dentons Canada
Vancouver

Robert is a partner in the Corporate/Commercial group, leads the Vancouver Corporate/Commercial Group, and is the lead partner in the Aviation and Aerospace sector in Dentons’ Vancouver office.

Robert offers clients a broad range of experience in corporate and commercial transactions, private mergers and acquisitions (M&A) and sale transactions, reorganizations and amalgamation, and advises on strategy and business investments in connection with these matters. Robert also acts as an external general counsel for a number of firm clients and advises on strategy and provides or coordinates advice to them. He regularly acts for national and international clients, particularly in aviation and aerospace.

Robert provides legal advice and guidance to airlines relating to:

  • Transport Canada and the Canadian Transportation Agency. The work includes advising on air transport agreements with Canada, air operator certificates, licensing, exemption orders, tariff terms, code-sharing, and leasing;
  • Security arrangements with Transport Canada, Canada Border Services and Canadian Air Transport Security Authority, under Canadian Aviation Security Regulations and Secure Air Travel Regulations;
  • Operational issues, including Competition Act, Investment Canada Act, price advertising, business and contracting issues with airport authorities, ground handlers and other third parties;
  • Purchase and sale of aircraft; Acquisition of aircraft maintenance operations and advising on requirements of Canadian Aviation Regulation;
  • Advising on Transport Canada requirements for operators of unmanned aerial vehicles

Nobuhiko Harada
Partner
Nishimura & Asahi
Chiyoda-ku

Mr. Nobuhiko Harada is an asset finance lawyer based in Tokyo.  He has particular experience of cross-border aircraft finance, ship finance and other structured finance transactions and domestic and cross-border insolvency/restructuring matters.  Nobuhiko has acted for Japanese major leasing companies, Japanese mega-banks, European banks and Japanese trading companies on a range of matters, including: aircraft operating leases, aircraft finance leases, aircraft debt finances, aircraft sale and purchase transactions, etc., and especially he has a vast experience in Japanese Operating Lease (JOL)/Japanese Operating Lease with Call Option (JOLCO) transactions for aircraft.  Nobuhiko has been qualified in Japan (since 2004) and New York (since 2011), worked in Tokyo and London and became a partner of Nishimura & Asahi in 2017.