Aviation Law and Commercial Contracts: Drafting Challenges

Aviation Law
Aviation Law and Commercial Contracts: Drafting Challenges

Introduction

Aviation contracts are rarely ordinary commercial agreements.

Aircraft purchases, leases, maintenance agreements, airport concessions, ground-handling contracts and technology arrangements all operate within a heavily regulated environment.

Regulatory Change Clauses Matter

A contract may remain in force for years while aviation regulations change.

Agreements should therefore address the consequences of new laws, safety requirements and regulatory restrictions.

Liability Must Be Carefully Allocated

Indemnities, insurance, limitation of liability and force majeure provisions should be drafted with aviation-specific risks in mind.

Conclusion

Aviation contract drafting requires lawyers to understand the underlying operation.

The best contract is not necessarily the longest one; it is the one that anticipates the operational failures most likely to create legal disputes.

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