Ilyashev & Partners is reporting that the UAH 25 million award of damages it obtained for the Antonov State Company in 2012 in a dispute with the General Directorate of State Airports Authority of Turkey and its underwriters has now been received in full by its client.
The Antonov State Company is a Ukrainian aircraft manufacturing and services company with particular expertise in the fields of very large airplanes and airplanes using unprepared runways. Antonov has built a total of approximately 22,000 aircraft, with thousands currently operating in the former Soviet Union and in developing countries.
In March of 2008 an Antonov An-124-100 Ruslan cargo aircraft collided with birds on its take-off at Ankara Airport causing significant damage to the aircraft. In 2009 Antonov filed a claim for damages with the Turkish court. According to Ilyashev & Partners Senior Partner Roman Marchenko, in 2012 “the court ruled that the Turkish party breach[ed] legislation and ICAO standards [by failing to] take all necessary measures for aerodrome bird/wildlife control that caused the incident. The respondent’s force majeure claims were also denied by the court.”
The General Directorate of State Airports Authority of Turkey filed multiple appeals, but according to Ilyashev & Partners, "following the results of long-term litigation, in May of 2017 Antonov received the complete pecuniary compensation to its bank account."