Bermuda Aviation Services' (BAS) case against the Government for an alleged breach of its exclusive rights to provide private jet services at L.F. Wade International Airport is set to be decided by arbitration.

The case centres around a writ filed by BAS and its subsidiary Aircraft Services against Premier Ewart Brown, in his capacity as Minister of Transport, and Attorney General Phil Perinchief.

BAS chief executive Kenneth Joaquin exclusively revealed to The Royal Gazette yesterday that the matter was to be decided by arbitration.

"We are going to arbitration," he said. "That was the ruling, so hopefully we'll get it under way as fast as possible.

"Again, it is something that we would hope for a speedy resolution."

Mr. Joaquin said his company's exclusivity deal runs until 2014, but new competitor Sovereign Flight Support Ltd. was being allowed to offer a rival private jet service.

BAS believes Sovereign has not had to compete for tender to offer the service and the Ministry would be going against the advice of its own technical advisors if it gave Sovereign permission to operate private jet services.

"For us it is about a point of law," said Mr. Joaquin. "Obviously we believe we have that right to offer the exclusive service and we'd like to see that upheld."