Arbitration of International Commercial Aviation Disputes: Past, Present, and Future
Commercial disputes arising out of aeronautical activities may be solved by resort to many different dispute resolution mechanisms. Businesses engaged in cross-border activities regularly turn to international arbitration to resolve disputes in lieu of national courts, 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 of conclusion of arbitration agreements and other mechanics of arbitration process. It considers the existing legal framework and studies whether creation of specialized arbitral institutions and rules tailored to resolve aeronautic disputes are indeed required.