International Business Courts as a Forum for Adjudicating Private Aviation Disputes: The Opportunities and The Challenges
Article from: TDM 5 (2021), in Aerospace
Abstract
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 ...