China Law & Practice

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Cape Town Convention gives hope to China aviation

The Cape Town Convention comes into effect in China on June 1. It will provide a welcome boost to the aviation industry, provided the authorities apply it properly

Issue: June 2009

Keywords (click to search): aviation transport Cape Town Convention

These are tumultuous times for the aviation industry. The seizing up of the money markets has resulted in a scarcity of liquidity, which has crippled the ability of airlines to raise secured debt financing for the acquisition of their tools of the trade – namely aircraft and other aircraft-related objects such as engines and airframes.

Any available debt in the market has been priced at record high margins even when borrowed on the basis of security granted against brand-new aircraft. Airlines, which are already facing deteriorating operating profits, would struggle in any case to meet the high periodic interest payments even if they did take on such debt in order to purchase pre-ordered aircraft.

There is hope on the horizon, though, in the shape of the Cape Town Convention.

The Convention came into force on March 1 2006 and has been ratified by 32 contracting states. On June 1 2009, the...

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