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Deal by Design
Welcome to this edition of Law Update, focusing on the evolving M&A landscape across the MENA region. With deal activity and value continuing to grow, the region is seeing increased investor interest alongside a changing regulatory environment.
This edition explores key legal and market developments affecting M&A transactions, including regulatory reforms, foreign investment, governance, due diligence and deal structuring across the region.
Last month, Iraq became listed as a member state to the Cape Town Convention (the “Convention”) it ratified back in 2018 through completing the formalities and making the declarations under Articles 39(1)(a) and 54(2) of the Convention and Article XXX (1) and (2) of the Aircraft Protocol (the “Protocol”). The Convention and the Protocol, read as a single instrument, is a treaty that sets the international standards in protecting the financial interests of aircraft sellers, buyers, and creditors through an international electronic interest registration system (the “International Registry”).
As Iraq deposited its instruments of accession to the Convention and Protocol on 26 January 2023, it has since been listed as a member state to the Convention. Once the Convention and Protocol enters into force on 1 May 2023, interests in Iraqi aircrafts will be available for registration on the International Registry. Such registrable interests include new and prospective international interests and rights, and assignments of the same.
Al Tamimi & Company’s Aviation team has extensive experience in the Middle East and North Africa (MENA) region on leasing, financing and chartering of aircraft as well as a wide range of involvement in advising local and international airlines for cargo and personal injury claims. For further information on this sector or for any inquiries for assistance, please contact our team.
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