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Feature: Possible issues that may arise in civil rehabilitation of JAL.
10 March 2010
Michael Barker, Partner, Restructuring and Insolvency Group, Herbert Smith, Hong Kong.
Read more:
Japan Airlines
JAL
Herbert Smith
bankruptcy
Tokyo District Court
On 19 January 2010, JAL, filed for bankruptcy protection with the Tokyo District Court to commence in-court restructuring proceedings. This civil rehabilitation proceeding will be conducted under the supervision of the court and the leadership of the trustees, Enterprise Turnaround Initiative Corporation ("ETIC") and Eiji Katayama.
This article surveys the business continuity issues that JAL is likely to face under the Civil Rehabilitation Act.[1]
licensing[2]
Without the necessary licenses, it may be legally impossible for JAL to continue operating its aviation business.
In order to operate a commercial airline company, three types of licenses are generally required (i) a Certificate of Airworthiness (the "COA") for each and every aircraft;[3] (ii) an air operator's certificate (the "AOC");[4] and (iii) route licenses for the routes that the air transport services provider wishes to operate on.
As the first two licences are granted by the Ministry of Land, Infrastructure...
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