Editorial: Aviation in Singapore
01 October 2007
Our research indicates that Singapore does not possess a large pool of aviation lawyers. What our findings do uncover, however, is that the seven individuals profiled in this chapter are not only well-known on the domestic scene but – judging by the levels of international nominations – are also some of the most respected practitioners in the global market.
Singapore is a hub for the region and consequently the practitioners on the following pages will boast practices that spread beyond the city state’s borders into Indonesia, Malaysia and other Asian nations. What must also be highlighted is that these experts’ practices can differ considerably. A number focus on the commercial side, offering advice on areas such as aircraft purchase, sale, leasing and financing, alliances and joint ventures, and airline start-ups. Others, however, represent both carriers and insurers on contentious liability matters arising from major incidents. In some cases knowledge of the regulatory regime is a useful addition to a strong practice in one or both of the other areas.
Beaumont & Son has been at the forefront of the aviation industry for over 80 years and its 2005 merger with Clyde & Co created a firm of even stronger reputation. The merged entity, Beaumont & Son – Aviation at Clyde & Co, has annually been designated the Who’s Who Legal ‘Aviation Law Firm of the Year’ since the award’s inception in 2005. The firm’s 18 global offices are home to over 75 aviation lawyers. Clyde & Co set up in Singapore in 1991 and aside from a strong aviation practice it also focuses on marine, non-marine, insurance, and energy and projects work. There are few more respected lawyers in the region than the “formidable” David Clark, who has had a “very busy year on regional casualties” according to sources. Clark’s work on behalf of both carriers and insurers was consistently noted and a large portion of his time has been taken up with issues arising in Indonesia. High-profile matters in which he has been involved include Randolph Fields v Watts and others, Wood v Perfection Travel Ltd, the China Airlines Boeing 747 crash off Penghu Island, Taiwan in 2002 and the crash of Swissair flight SR111 in Nova Scotia, Canada in 1998. Peng Lim comes recommended as “outstanding” and has worked on five losses in Indonesia since October 2006 starting with Mandala in that month, Lion Air in December 2006, Adam Air in January and February 2007 and Garuda in March 2007. She is also advising an Asian carrier and another lessor on various matters arising out of delays affecting the delivery of the Airbus A380. With two of Singapore’s leading lights the firm emerges as one of the leading players in the region.
Rodyk & Davidson LLP is the only other firm with two nominees in the chapter – Lawrence Teh and Lok Vi Ming SC. Mr Lok heads the firm’s aviation practice group and was variously described to researchers as “the man”, “excellent” and “very experienced”. His disputes work on behalf of both carriers and insurers is “highly rated” and he successfully defended Silk Air in the flight MI 185 crash. He also continues to defend Singapore Airlines in litigation arising out of the crash of flight SQ 006 at Taiwan’s Chiang Kai Shek International Airport in 2000. Mr Teh also comes recommended for liability and insurance claims and is a member of the firm’s litigation and arbitration practice group. Over the years he has represented a number of major Asian air carriers in cargo and passenger casualty claims as well as transactional and manpower disputes. The strength of his commercial litigation practice sees him listed in the corresponding chapter.
Simon Briscoe of Norton Rose received more nominations than any other individual listed in the chapter. He boasts extensive knowledge of the South-East Asian region and acts for lessors, operators and banks on various matters relating to aviation finance. Sources praised him as “the name for aviation finance” while one prominent corporate counsel remarked on his “very sharp and keen mind [which] offers solutions and compromises in aircraft leasing and financing deals”. They then went on to praise him as “an excellent negotiator and draftsman who displays utter professionalism and pride in work”. Unsurprisingly, therefore, he received such high levels of nominations. David Johnston joined Gates and Partners from Barlow Lyde & Gilbet in late 2007 and is rated sources as “streets ahead” and “number one in the Asia-Pacific region”, particularly in China-related matters. His general liability work for carriers and insurers is said to be particularly noteworthy and in recent years he has expanded into the regulatory and leasing areas. Major cases include his handling of the Korean Air MD-11 accident in Shanghai as well as the Air China accident in Busan, Korea. Rajaram Ramiah at Wee Ramayah & Partners is the final lawyer to make it into the chapter. Ramiah comes recommended as “outstanding” and “excellent” and in the past 12 months he represented the lessor in the dry leasing into Bangladesh’s first private airline as well as a codeshare between a budget and full service airline. His litigation credentials also complement his obvious transactional capabilities.