Starting a claim in an aviation dispute—a practical guide
Produced in partnership with Sophie Eyre, Partner, Simon Phippard, of Counsel and Matthew Foote, Senior Associate of Bird & Bird LLP
Starting a claim in an aviation dispute—a practical guide

The following Dispute Resolution guidance note Produced in partnership with Sophie Eyre, Partner, Simon Phippard, of Counsel and Matthew Foote, Senior Associate of Bird & Bird LLP provides comprehensive and up to date legal information covering:

  • Starting a claim in an aviation dispute—a practical guide
  • Aviation disputes—examples and a hypothetical scenario
  • Aviation claims—cross-border issues
  • Resolving aviation disputes—arbitration or litigation?
  • Resolving aviation disputes—when dispute resolution clauses conflict
  • Resolving Aviation disputes—foreign law and state immunity
  • Request for and notice of arbitration
  • Aviation disputes—formulating the claim
  • Aviation disputes—understanding the claim
  • Aviation disputes—proving the claim (evidential issues)
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners in area covered by this Practice Note, being applicable law, jurisdiction, service and enforcement. For guidance, see: Brexit: Dispute Resolution—overview.

Aviation, by its very nature, is an international industry, involving moving, as opposed to fixed assets, that are owned pursuant to complex structures, in multiple jurisdictions. Airlines almost invariably operate internationally. Commercial aircraft manufacturers and their supply chains are even more globalised. The scope for disputes is broad and the airline industry is highly regulated. Disputes may involve layers of complexity relating to contractual, tortious, jurisdictional and regulatory issues and relationships between numerous stakeholders including aircraft operators, owners, lessors, lessees, manufacturers, regulators and airports.

Given the breadth of this category of disputes, this Practice Note focuses on the practical issues which may need to be considered in starting a claim and does not address specific substantive issues relating to any particular dispute.

Given the international context and complex structure of relationships (and therefore disputes) within the aviation industry, there is a considerable degree of similarity in terms of issues to consider, with disputes in other large-scale multi-national industry sectors, such as that of the energy sector. Accordingly, you may wish to