Aviation

Ireland is the global hub for aircraft leasing, with more than half of the world’s leased aircraft managed from here. While most leasing arrangements and financings run smoothly, aviation is an industry where commercial pressures, cross border operations, and high asset values can lead to disputes. These disputes are complex—often involving urgent issues of repossession, default, regulatory intervention, and litigation across multiple jurisdictions.

At Fenecas Law LLP, we specialise in contentious aviation leasing and finance disputes. We act for lessors, lessees, financiers, investors, airlines, and maintenance providers in disputes relating to aircraft, engines, and related agreements. Our team combines deep aviation sector knowledge with litigation strength, ensuring decisive strategies to protect valuable assets and enforce contractual rights.

Types of Aviation Leasing Disputes We Handle

We act across the full spectrum of contentious aviation matters, including:

• Lease defaults – Acting for lessors enforcing payment and performance obligations, and for lessees resisting or negotiating claims.
• Repossession disputes – Urgent applications to repossess aircraft following termination events or default.
• Maintenance and redelivery disputes – Contentious issues around redelivery conditions, airworthiness, and maintenance obligations at lease end.
• Insurance disputes – Disputes over allocation of risk, coverage exclusions, and liability under aviation insurance policies.
• Engine leasing disputes – High value disagreements over engine swaps, maintenance reserves, and return conditions.
• Sale and purchase disputes – Contentious claims involving misrepresentations, defective documentation, or title issues.
• Cross default and financing disputes – Contentious claims involving secured lending or syndicated lending arrangements.
• Jurisdictional and international enforcement – Complex forum disputes and asset enforcement across multiple countries.

Each of these disputes involves high financial exposure and reputational risk. Our role is to act quickly and strategically to safeguard aircraft assets and client interests.

Urgent Relief in Aviation Disputes

Aviation disputes are often urgent given the mobility of aircraft and risk of asset flight. We are experienced in seeking immediate interim relief through:

• Injunctive relief – To ground aircraft, restrain dealings, or compel redelivery.
• Repossession orders – Court orders enabling recovery of aircraft and engines.
• Freezing orders (Mareva injunctions) – Preventing dissipation of lessee’s assets.
• Norwich Pharmacal orders – Securing disclosure from third parties such as airports, MROs, or service providers.

Our ability to mobilise rapidly before the Irish High Court is key to effective asset protection in high value leasing disputes.

Acting for Lessors & Financiers

As Ireland is home to many of the world’s leading lessors, we have significant experience acting for lessors, lenders, and investors. Services include:

• Enforcement of payment and maintenance covenants.
• Recovery and repossession of aircraft across multiple jurisdictions.
• Disputes over maintenance reserves, letters of credit, and guarantees.
• Defending or pursuing insurance claims following loss or accident.
• Advising on insolvency scenarios involving airlines and operators.

Our approach is proactive and commercially focused—protecting asset value while exploring pragmatic settlement where litigation may impair long term commercial relationships.

Acting for Airlines & Operators

Airlines and operators also require robust representation when disputes with lessors or financiers escalate. We act for lessees in:

• Defending termination and repossession proceedings.
• Negotiating standstill arrangements and settlement terms.
• Contesting insurance and coverage disputes.
• Pursuing claims for breach of maintenance or delivery obligations by lessors.
• Managing cross default issues linked to global lease portfolios.

We aim to protect operational continuity and reputational standing while resolving disputes efficiently.

Cross Border Arbitration & Litigation

Most aviation leasing contracts involve international arbitration clauses, typically under LCIA, ICC, or New York law frameworks. We have acted in contentious proceedings across a range of global arbitration institutions, as well as parallel litigation in the Irish High Court.

Our services include:

• Full representation in institutional and ad hoc arbitrations.
• Coordinating multi jurisdictional enforcement of arbitral awards.
• High Court support for arbitration, including interim relief applications.
• Advising on recognition and enforcement of foreign judgments against Irish assets.

Our international experience ensures seamless management of disputes wherever they arise.

Aviation Insolvency & Restructuring

Airlines and operators face cyclical challenges, and insolvency or restructuring often leads to contentious issues. We represent clients in:

• Enforcement action during examinership, liquidation, or cross border insolvencies.
• Claims for repossession or recovery of aircraft in insolvency proceedings.
• Challenging preferential or undervalue transactions involving leased aircraft.
• Negotiating standstill agreements during restructuring to preserve fleets and relationships.

By combining insolvency expertise with aviation industry insight, we provide strong representation in highly sensitive restructuring disputes.

Strategic Considerations

Contentious aviation leasing disputes demand rapid, commercially astute strategies given the global reach of assets and urgent pressures on all parties. At Fenecas Law LLP, our approach emphasises:

• Speed – Acting quickly to preserve rights and secure assets.
• Cross border focus – Coordinating with international counsel to address global jurisdictions.
• Technical collaboration – Working with aviation experts, engineers, valuers, and insurers to build robust evidential cases.
• Reputation management – Containing media and industry impact in high profile disputes.
• Settlement readiness – Recognising when commercial settlements protect long term relationships better than prolonged litigation.

Why Choose Fenecas Law LLP?

• Specialist aviation dispute expertise – Experience acting for leading lessors, airlines, and insurers.
• Litigation and arbitration capability – Skilled in urgent High Court relief and international institutional arbitrations.
• Cross border knowledge – Expertise in enforcing awards and judgments across multiple jurisdictions.
• Industry understanding – Insight into operational realities of leasing, finance, and fleet management.
• Commercial focus – Strategies aligned with asset protection, operational continuity, and long term viability.

Contact Us

Ireland’s position as a global aviation hub means contentious leasing and finance disputes are inevitable. If you are a lessor, financier, or airline facing disputes over leases, repossession, insurance, or enforcement, Fenecas Law LLP can help. Contact us today for swift, decisive advice and robust representation in contentious aviation leasing matters.