Bermuda Aviation Services (BAS) has won its case against Government over a breach of exclusive rights to provide private jet services at LF Wade International Airport.

BAS and its subsidiary Aircraft Services filed a writ against Premier Ewart Brown, in his capacity as Minister of Transport, as well as Attorney General at the time, Phil Perinchief, in June 2007, with the case eventually going to arbitration almost a year-and-a-half later, the court ruling in BAS's favour last month.

The case centred around competitor Sovereign Flight Support being given permission by Government to offer a rival private jet service, which contravened BAS's exclusivity deal, extended six years ago up until 2014, according to BAS chief executive officer Ken Joaquin.

It is understood that a directive was made by the arbitration panel that the ruling remain confidential for the immediate future, but the Attorney General's Chambers yesterday afternoon revealed that the court had ruled in BAS's favour and that Government had put in an application to appeal against the decision.

Despite the ongoing case and BAS contesting that Sovereign had not competed in the tender process for the right to offer the service, Sovereign went ahead and converted a former US Air Force building at Carter House in Southside into a private jet passenger terminal, which officially opened in May 2008.

BAS claimed that the Ministry would also be going against the advice of its own technical advisors if it granted Sovereign permission to operate private jet services.

Mr. Joaquin said BAS had won an exclusive right to offer private jet services through an open tender in 1997 and made its concerns over the breach known to the Transport Ministry.

But the case went to court and it was announced in August 2007 that the decision would go to arbitration, however the ruling was pushed back to the end of last year.

Yesterday, Kenny Burns, president and CEO of Sovereign, denied knowing anything about the outcome of the ruling and declined to comment on his company's position.

"Until I see something in black and white, there is nothing I can say about it," he said.

Government and the Department of Airport Operations were unavailable for comment yesterday.