IBA takes a resourceful approach to litigation support and dispute resolution, identifying thoughtful solutions that are tailored to our clients’ legal strategy.
Our access to 30 years of proprietary aviation data, regular involvement in strategic M&A and aircraft management expertise affords us regular access to the typical areas of contention between parties. We are experienced at working towards settlement across all areas of resolution, from commercial negotiation to mediation and arbitration and ultimately litigation, where our ISTAT appraisers are also established as expert witnesses.
IBA assists clients directly or via their legal teams across many aspects ranging from insurance related settlement for aircraft damage or loss, to disputes between lessors and lessees – often at redelivery.
We use IBA data sources to back up facts, reinforce evidence and to provide opinion in multiple areas of expertise, including:
- Aircraft and engine values.
- Deposits, Sale and Purchase Agreements.
- Delivery and redelivery conditions.
- Operational factors.
- Industry procedures.
- Maintenance (MRO) contract issues.
- Fleet planning.
- Contract guarantees.
- Aircraft corrosion.
- Quality systems.
- Value Diminution.
Example Case Study
An airline had to lease in replacement aircraft due to non-supply of aircraft parts from a vendor and was claiming $200m in damages in relation to lost revenue plus the cost of replacement aircraft
1. Tackling the lost revenue first, IBA gathered intelligence, conducted research and modelled forecasts relating to the routes impacted, average load factors and shifts in passenger demand.
2. Using its proprietary datasets, IBA was able to demonstrate that the supply of suitable replacement aircraft was considerably more liquid, and therefore less costly, than the counterparty had suggested.
The parties settled on a quantum many tens of millions of dollars less than the original claim