Asia: Transport

Opening an aircraft maintenance facility in India requires navigating three parallel regulatory tracks that operate on different timelines: airworthiness approval from the DGCA, land and airside access from airport operators, and duty treatment from customs authorities. This comprehensive legal guide examines the statutory framework under the new Bharatiya Vayuyan Adhiniyam 2024, the CAR-145 organization approval process, airport land allocation challenges, customs duty exemptions, and the state-level clear

Airline insolvency presents a particularly difficult problem for insolvency law because the assets most critical to keeping the airline operational may not belong to the airline at all. Aircraft are frequently held under operating leases. When an airline enters insolvency, therefore, the resolution professional (“RP”) may be required to preserve the corporate debtor as a going concern while the aircraft lessor seeks to enforce its contractual and international-law rights to recover possession of its aircraft.

Aircraft maintenance reserve clauses and redelivery conditions are the two provisions most likely to trigger multi-million dollar disputes at the end of an aircraft lease agreement. This article examines the mechanics of Maintenance Reserve Funds, explores escrow versus lessor-retained custody structures, and provides detailed guidance on drafting quantified redelivery conditions that eliminate ambiguity when exposure is highest.