International Business Courts as a Forum for Adjudicating Private Aviation Disputes: The Opportunities and The Challenges
Published 17 June 2021
(Minor revisions 22/06/2021) This article will examine the role of International Business Courts (IBCs) in resolving private aviation disputes, ranging from disputes arising from the Air Carrier’s liability under the 1999 Montreal Convention and the 1952 Rome Convention or disputes centring around interests in the aircraft equipment or the aircraft itself. This article will argue that the IBCs are better suited to hear private aviation disputes than the traditional national courts for several reasons: First, the procedural flexibility of the IBCs, which allows, among other things, the usage of English as the language of the proceedings and foreign legal representation. Second, the expertise of the judges sitting on the bench in IBCs. Finally, IBC can balance the parties’ freedom of choice and the mandatory rules in International aviation conventions without sacrificing the predictability of the outcome. However, IBCs face several challenges. First, there is the expected competition from arbitration as a preferred method for resolving disputes. Second, the need to meet the jurisdictional requirements stated in the IBCs’ Law will limit those courts’ ability to hear private aviation disputes. Third, the enforcement of IBCs’ decisions will face the difficulties facing the enforcement of foreign judgments in general.
This paper will be part of the TDM Special Issue on "Old and New Disputes in Aerospace Law". More information here www.transnational-dispute-management.com/news.asp?key=1858