Playing For Time ' Claiming To Be A Sovereign State

• Published date: 27 January 2022
• Law Firm: W Legal
• Author: Mr Steven Loble

This matter stems from a settlement agreement entered into in June 2020. Surinam Airways ("SLM") agreed to pay AELF MSN 242, LLC $4,125,000.00 by monthly instalments and in exchange, AELF MSN 242, LLC agreed to release its claim for breach of an aircraft lease agreement return conditions and a claim for a much larger amount.

SLM requested, and AELF agreed, that payments would begin in December of 2020, which gave SLM a payment "holiday" for six months, during COVID. SLM failed to make payments when due.

AELF issued proceedings in the Commercial Court in London.

In response to AELF's claim, SLM raised a very technical argument that the airline was not served correctly under the English State Immunity Act because the airline is, according to the airline, a...