Dec 19, 2017

Sale & novation of an A320-216 aircraft with a change of aircraft operator


Dwipo Lubis Baskoro & Partners' Aviation Team advised M&T Aviation Finance (Ireland) Limited (an Irish subsidiary of Mitsui & Co., Ltd.) ("MTI") in (A) the sale of one (1) Airbus A320-216 aircraft to a Japanese buyer while remain under operation by AirAsia Berhad, and subsequently in (B) the transfer of the same aircraft from AirAsia Berhad to be operated by PT Indonesia AirAsia. The transaction involved a complex restructuring of Labuan companies arrangement, Malaysian aircraft de-registration and Indonesian aircraft registration.

In this deal, Dwipo Lubis Baskoro & Partners' Aviation Team again acted as the lead counsel to MTI advising not only the Indonesian aspects of the deals; but also coordinating other foreign counsels acting for MTI which includes Matheson (for the Irish law aspect of the deal) and Tay & Partners (for the Malaysian law aspect of the deal).

Other counsels involved in this deal were Nishimura & Asahi who acted for the buyer, K&L Gates who acted for the lender, and Bird & Bird ATMD LLP who acted for AirAsia Berhad and PT Indonesia AirAsia.