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Legal Symposium on Aircraft Leasing Successfully Held

 

On October 21, 2017, the legal symposium on aircraft leasing was successfully held in Shanghai International Aviation Court of Arbitration. The symposium was jointly hosted by aviation law research institute of China Law Society, aviation law research institute of Shanghai Law Society, Shanghai International Arbitration Center and China Legal Counsel research institute of Legal Daily, and was undertaken by Shanghai International Aviation Court of Arbitration under SHIAC. More than 90 representatives from IATA legal division, Department of Policies and Laws of China Civil Aviation Administration, General Administration of Customers Shanghai Sub-Office, People’s Bank of China Foreign Exchange Control Board Shanghai Branch, China Eastern Airlines, Air China, China Southern Airlines, Commercial Aircraft Corporation of China, ICBC Leasing, Agricultural Bank of China Financial Leasing Co., China Eastern Airlines Leasing Co., East China University of Political Science and Law, Xi’an Jiaotong University, Civil Aviation University of China, Grandall Law Firm, Dentons, Baker & McKenzie, Yingke Law Firm, Jun He Law Firm participated the symposium.

 

The symposium was chaired by Mr. Guo Junxiu, Chairman of aviation law research institute of China Law Society, Chairman of CATA legal committee and General Counsel of China Eastern Airlines. Mr. Nie Ying, Vice-Chairman of aviation law research institute of China Law Society, Mr. Zhang Zhijun, Vice-Chairman of Research Department of Shanghai Law Society, Mr. Ma Yi, Vice-Chairman & Secretary General of SHIAC, Mr. Li Qun, Deputy Editor-in-Chief of Legal Daily, all attended the symposium and delivered opening speeches.

 

Mr. Xie Xingquan, Deputy General Counsel of IATA, Mr. Wu Hong, Financial Law Research Institute of Shanghai Law Society, Mr. Yu Shen, Vice-Chairman of General Administration of Customers Shanghai Sub-Office and Dr. Xu Liangbo from People’s Bank of China Foreign Exchange Control Board Shanghai Branch gave keynote addresses on the symposium. They elaborate on topics such as application of Cape Town Convention, promotion and guarantee for aircraft leasing from financial law aspect, customs’ policies on aircraft leasing and foreign exchange control on aircraft leasing.

 

The Standard Form of Aircraft Leasing Agreement (exposure draft) that was drawn up by Shanghai International Aviation Court of Arbitration has been issued during the symposium, which was a new Chinese standard set forth among important commercial contracts in the aviation field. Ms. Tao Zhen, representative from the legal department of China Eastern Airlines, made introduction of the background, necessity, features, main articles and contents of the standard form.

 

The symposium went on to discussion on four main topics, which are perfection of aircraft leasing laws and regulations, Cape Town Convention issues, practical problems of aircraft leasing and aircraft leasing dispute resolution.

 

The first discussion was chair by Prof. Yuan Faqiang from ECUPL. Mr. Liu He, deputy director of Department of Policies and Laws of China Civil Aviation Administration, talked about amendments related to aircraft leasing in civil aviation law. Ms. Ma Xuanling, vice-general manager of China Southern Airlines legal department, shared thoughts on legal issues in FTZ aircraft leasing business. Mr. Li Zhihong, counsel from Beijing Yingke (Shanghai) Law Firm, gave opinions on improvements of laws on aircraft lien.

 

Mr. Nie Ying chaired the discussion over Cape Town Convention. Ms. Zhang Yi from China Eastern Airlines, Mr. Chen Sheng, chairman of Banking Law Research Center of Shanghai Law Society, and Mr. Yan Zhengfeng, partner of Jun He Law Firm, all shared opinions on topics such as the key contents and function of the Convention, exploration on ship leasing from the Convention aspect, implementation of Convention in China.

 

Prof. Li Wanqiang from Law School of Xi’an Jiaotong University chaired the discussion over practical problems of aircraft leasing. Ms. Wu Jingjing from Dentons Shanghai, Mr. Li Bo from ICBC Leasing, Mr. Wu Weilun from Baker & McKenzie discussed on topics such as aircraft leasing transaction structure design, PDP leasing structure, trans-boundary leasing structure and legal problems and so on.

 

Ms. Tang Qixia, head of COMAC legal department, chaired the discussion over aircraft leasing dispute resolution. Ms. Shen Huihua from Bank of China Financial Leasing Co., Mr. Gao Feng, partner of Grandall Law Firm (Beijing), Ms. Wang Weijun, Deputy Sercretary-General of SHIAC, Ms. Chen Shiqi from China Eastern Airlines talked about the advantages of arbitration over litigation, they all suggest to make sure the legal application and dispute resolution method at first during aircraft leasing negotiations. They also illustrate the advantages of Shanghai International Aviation Court of Arbitration from four aspects including arbitration rules, professional arbitrators, arbitration facilities and arbitration costs.

 

The symposium ended with fruitful achievements and wide participation. Valuable opinions and suggestions on aircraft leasing law’s perfection have been gathered and saved while participate all shared their precious thoughts.

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