FARNBOROUGH , ENGLAND, July 20, 2022 /-- The Hague Court of Arbitration for Aviation (“The Hague CAA”) is seated in The Hague, Netherlands. The Netherlands Arbitration Institute (“NAI”), which was established in 1949, is the sole administrating body for disputes referred to The Hague CAA for resolution under the arbitration and mediation rules of The Hague CAA. Nearly 70 diverse aviation and arbitration attorneys, aviation executives and technical experts from around the world have worked together with the NAI on this project, which began in 2021. This global team of volunteers is comprised of professionals who also work for more than 20 law firms, 4 law schools and nearly 30 aviation companies – representing airlines, aircraft & engine lessors, banks, private jet brokerage, valuation and technical advisory firms and more. Collectively, they represent well over 1,000 years of experience across the entire aviation industry, and several hundred more of arbitration experience.
The Hague CAA is focused exclusively on enabling the fair, private, expedited, cost-effective, binding and enforceable resolution of commercial and private aircraft operating, trading, leasing and financing - related contractual disputes. While providing deep aviation expertise and market awareness The Hague CAA nonetheless performs its essential duties for the benefit of the global aviation industry totally independently and impartially, with no allegiance to any industry participant or special interest group over another. Albeit a court in name, The Hague Court of Arbitration for Aviation is a private non-government initiative that serves the global aviation industry by providing and promoting specialised arbitration and mediation services customised for the specific dispute resolution requirements of industry participants. The Hague CAA thus provides a neutral and private forum for consensual arbitration (the private, final, binding resolution of aviation contractual disputes by impartial specialised tribunals focused on ensuring enforceability of their arbitral awards in over 160 countries pursuant to the New York Convention) and/or voluntary mediation (the private conciliation-focused settlement of aviation contractual disputes, especially those involving technical subject matter, by impartial specialised facilitators).
The Hague CAA will accept requests for arbitration or mediation in August. Its arbitration and mediation clauses, rules, forms and fee tables can be found on its website. Its initial arbitration rules entail (i) a tribunal composition with the parties having the option to appoint qualified co-arbitrators from the aviation markets with a tribunal chair being a senior experienced arbitrator, (ii) robust interim measures as well as (iii) an expedited procedure leading to a final and binding award withing 6 months from the Case Management Conference. The initial rules are now undergoing final consultative and approval processes, and will be subject to ongoing industry and arbitration community consultation with a view to yet further innovation.
In the years to come, The Hague CAA will help to shift an archaic paradigm of dispute resolution in a vital global industry in the same manner that arbitration - and specialised arbitration more particularly - have and will continue to do so in other industries. It is further envisaged that The Hague CAA will ultimately expand its scope to also become a leading specialized arbitration and mediation forum for contractual disputes in the global aerospace sectors, from advanced air mobility to the space industry.
Paul P. Jebely, Chairperson & Founder of The Hague CAA, said: “Having observed the rise and rise of arbitration as some judicial courts became increasingly removed from or oblivious to the commercial realities of the aviation industry, it became apparent that there is need that is not being served."
Gerard J. Meijer, President of The NAI and Member of the Board of Directors of The Hague CAA, said: “With our more than 70 years of experience at the Netherlands Arbitration Institute, we are very proud to be able to administer the cases under the rules of The Hague CAA. We trust that this initiative will be extremely successful and we will do anything that is necessary to contribute thereto.”
Gary F. Birnberg, Chair of The Hague CAA Advisory Board, said: “We are elevating the gold standard in specialized arbitration and mediation, benefitting from the vast collective expertise of our industry-rich boards and standing committees in doing so. "
The Hague Court of Arbitration for Aviation