Abstract

English law is one of the leading systems of law selected by parties to govern aircraft leasing and financing transactions, on the basis that it is a robust, yet flexible, regime under which creditors have clear rights and remedies. However, the recent Blue Sky litigation has highlighted the complexity of the conflict of laws position in many aviation deals and the English High Court's decision has confirmed that a different approach is required to meet the commercial expectations of industry participants and to maintain English law's competitive position. The Cape Town Convention is an international treaty designed to facilitate the crossborder financing and leasing of aviation equipment, by reducing creditor risk and enhancing legal predictability. This article considers whether its ratification by the UK will resolve the issues arising out of the Blue Sky litigation and the extent to which supplemental measures are required.

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