Aviation

Overview

Ebersöhns advises on a range of legal matters in the aviation sector in South Africa, acting for aircraft owners, operators, financiers, insurers and other stakeholders.

Aviation transactions and operations are often highly regulated and frequently involve cross-border considerations. These matters require careful structuring, compliance with applicable regulatory frameworks and an understanding of the commercial environment in which aviation businesses operate.

We provide legal support across both transactional and contentious matters, ensuring that aviation arrangements are legally sound, enforceable and aligned with our clients’ objectives.

What Makes Us Different

We approach aviation matters with a combination of legal expertise and commercial awareness.

Our role is not limited to the preparation of documentation or the management of disputes. We work closely with our clients to understand their operations, the regulatory environment in which they operate and the risks inherent in aviation transactions.

This enables us to:

• Provide advice that is practical and commercially relevant
• Identify and address regulatory and legal risks at an early stage
• Structure transactions and arrangements effectively
• Support clients in both local and cross-border aviation matters

We act as a strategic legal partner, providing clear and considered advice in a specialised and highly regulated sector.

Our Services

Our aviation services include:

Acquisition, Sale and Ownership

• Advising on the acquisition and disposal of aircraft
• Drafting and negotiating agreements of sale
• Structuring ownership and holding arrangements
• Conducting legal due diligence on aircraft and related assets
• Advising on cross-border ownership structures

Finance and Leasing

• Advising on aircraft financing arrangements
• Drafting and negotiating leasing and charter agreements
• Advising on sale-and-leaseback transactions
• Structuring secured lending and asset finance transactions
• Advising lenders and borrowers on rights and obligations

Regulatory and Compliance

• Advising on aviation regulatory frameworks in South Africa
• Assisting with licensing, registration and certification requirements
• Advising on compliance with applicable aviation legislation
• Advising on operational and safety requirements
• Identifying and managing regulatory risk

Commercial Agreements

• Drafting and negotiating aviation-related agreements, including:
  • Charter agreements
  • Management agreements
  • Maintenance and service agreements
  • Operational and support agreements
• Advising on commercial arrangements between operators and service providers

Insurance and Risk

• Advising on aviation insurance arrangements
• Reviewing insurance policies and coverage structures
• Advising on liability and risk allocation
• Assisting with claims and recovery

Dispute Resolution and Litigation

• Acting in disputes arising from aviation transactions and operations
• Representing clients in High Court litigation and arbitration
• Advising on contractual disputes and enforcement
• Acting in claims relating to damage, delay or operational issues
• Advising on cross-border disputes and enforcement

Operational Advisory

• Advising aviation operators on ongoing legal requirements
• Assisting with structuring operational frameworks
• Advising on compliance with industry standards and practices
• Supporting day-to-day legal requirements of aviation businesses

Let’s Talk

Aviation matters require clear, informed and commercially grounded legal advice.

Ebersöhns is available to assist with both transactional and contentious aviation matters. We will work with you to understand your position and advise on the most appropriate course of action.