Arbitration of International Commercial Aviation Disputes: Past, Present, and Future

by Rinat Gareev and Aleksandra Kasatkina

Abstract

Commercial disputes emanating from aeronautical activities may be solved by resorting to various dispute resolution mechanisms. Businesses engaged in cross-border activities regularly turn to international arbitration in lieu of national courts to resolve disputes, and aerospace companies are no exception. This article contends that arbitration has come to be widely used in the resolution of commercial aviation disputes and aims to study some contemporary issues such as arbitrability of certain types of disputes, methods for concluding arbitration agreements, and other mechanics of the arbitration process. It considers the existing legal framework and examines whether the creation of specialised arbitral institutions and procedural rules tailored to resolve aeronautic disputes are indeed required.

Part of the Special Issue: TDM 5 (2021) - Old and New Disputes in Aerospace Law. Article available here Arbitration of International Commercial Aviation Disputes: Past, Present, and Future (sign in to download).