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Legal Issues Framework

Join us for an insightful seminar organized by the Indo-American Chamber of Commerce, focusing on the complex legal framework governing the Indian aviation market. This event, held on March 6, 2013, in New Delhi, examines crucial topics such as the implications of bilateral treaties, FDI regulations, and the enforcement of foreign decrees. Keynote speaker Ravi Nath from RNC Legal will share expertise on aircraft ownership, financing, and the challenges faced by foreign investors in India's aviation sector. Don't miss this opportunity to enhance your understanding of aviation law!

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Legal Issues Framework

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  1. Legal Issues Framework General Aviation: The Next Steps Indo-American Chamber of Commerce Seminar PHD House, March 6, 2013, New Delhi Ravi NATH RNClegal/ RajinderNarain & Co. t: + 91 11 4122 5000 f: + 91 11 4122 5001 c: + 91 98110 27193 e: ravi.nath@rnclegal.com

  2. Indian Aviation Market • Duopoly 189 Aircraft 181 Aircraft (As per DGCA website) Ravi NATH / rnclegal.com

  3. Other Manufacturers Ravi NATH / rnclegal.com

  4. Legislative Framework • Aircraft Act, 1934 • Aircraft Rules, 1937 • Civil Aviation Requirements (CAR) & Aeronautical Information Circulars (AIC) • Bilateral Treaties Ravi NATH / rnclegal.com

  5. Regulator and Other Authorities DGCA Registration – Aircraft Register. Does not establish legal ownership. Raises presumption of ownership and Security Interest. AAI Customs Ravi NATH / rnclegal.com

  6. Indo-US Agreements • The International Air Transport Agreement, 1944 – Fifth Freedom Agreement • Air Transport Agreement 2005 (‘Open Skies’) • Bilateral Aviation Safety Agreement • India-US Aviation Cooperation Program • Indo-US DTAA Ravi NATH / rnclegal.com

  7. FDI Ravi NATH / rnclegal.com

  8. FDI • Equity investments by foreign airlines up to 49%. • Only through ‘Approval Route’. • Chairman and two-thirds of the Directors must be citizens. • Deals: Jet-Etihad / AirAsia-TATA • Kingfisher ??? !!! Ravi NATH / rnclegal.com

  9. Aviation Finance and Leasing • Purchase / Financing options • Leases • Wet or Dry • Operating Leases/ Finance Leases/ Hire Purchases • RBI Permission ? Ravi NATH / rnclegal.com

  10. Owners/ Lessors and Security Interest Holder Issues Deregistration & Repossession Choice of Jurisdiction & Choice of Law Enforcement of Foreign Decrees & Arbitral Awards Ravi NATH / rnclegal.com

  11. Enforcementof Foreign Decrees • From Higher Courts of Reciprocating Territories • Section 13, CPC • Section 44A , CPC • From Non-Reciprocating Territories • Suit based on the foreign judgment/ decree. • Implications? Ravi NATH / rnclegal.com

  12. Arbitral Award Enforcement • Foreign awards under New York and Geneva Conventions enforceable (Part II of Arbitration and Conciliation Act, 1996.) • Enforcement can be refused if, for e.g.: • Parties under incapacity, Arbitration Agreement invalid. • Improper notice of Arbitrator appointment/ Arbitral proceedings improper. • Arbitration not conducted in accordance with the Agreement or Governing Law. • Party otherwise unable to present its case. • Award on matter beyond scope of Arbitration Agreement. • Subject not arbitral under Indian Law. • Award set aside/ suspended by competent authority. • Public policy. Ravi NATH / rnclegal.com

  13. Deregistration • Bureaucracy - DGCA issues Consent of the Indian Lessee Role of IDERA / DPoA • Liens - AAI / Mechanic’s Lien: Rights? • Taxes - Service and other taxes : Rights? • Recent Experience – DVB et al. Ravi NATH / rnclegal.com

  14. Cape Town Convention • Ratified by India in 2008. Ratified by 56 countries. • Registration of International Interest, Remedies for Default, Repossession, IDERA • Aviation Authorities are enjoined to act in accordance with the holders of IDERAs without the necessity of a Court Order. • But no underpinning Legislation in India. Therefore, conflicts arise. Ravi NATH / rnclegal.com

  15. Treaty Conflicts • Self-help – Art. 8 - ??? • Speedy Relief – Art. 13 - ??? • Registration of Charges at IR and the ROC under Section 125 of the Companies Act. Ravi NATH / rnclegal.com

  16. Q & A Ravi NATH / rnclegal.com

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