Rapid Response: The Hague Court of Arbitration for Aviation Announces Major Rules Update After Industry Consultation
Innovative and Wide-Reaching Rules Update Comes Soon After Launch in Response to Further Aviation Industry Input
New features of revised The Hague CAA rules include amongst others:
(1) a default expedited procedure with shorter time limits and more potent remedies to reduce delay, providing parties with an arbitral award within 6 months;
(2) early determination to ensure issues are dealt with expeditiously before they become too costly;
(3) a provision highlighting The Hague CAA’s drive to fostering and promoting diversity and reducing the environmental impact of aviation disputes;
(4) a multi-contract provision that allows for the effective and expeditious resolution of disputes based on different contracts;
(5) provisions that take respect and promote the international practice of aviation; and
(6) further developing The Hague CAA’s challenge proceedings through establishing an independent and impartial challenges Committee.
The Hague CAA’s ongoing commitment is to remain agile in working with stakeholders across the vast global aviation industry to ensure that its rules and procedures are responsive to their needs. This is reflected in the fact that it undertook months of further industry consultation immediately following its launch at the Farnborough Airshow in July 2022, and that it has now already adapted and evolved through a major arbitration rules update. The Hague CAA aims to enable the fair, time-efficient, expedited, cost-effective, binding and enforceable resolution of aviation contractual disputes, and its wider mission remains to promote the use of arbitration and mediation as preferred methods of contractual dispute resolution throughout the vast global aviation industry, wherever and however helpful to the parties involved.
Gerard J. Meijer, Member of the Board of Directors of The Hague CAA and President of The NAI, said: “We are excited to see the added value of specialised dispute resolution come to fruition in the form of The Hague CAA; these new and innovative rules are the result of aviation and arbitrations sectors working closely together with an aim to resolve disputes in the industry more time-efficiently and cost-effectively leading to final and binding results the market can rely on. The NAI is pleased to be the administrating body under these rules.”
Camilla M.L. Perera - De Wit, Member of the Board of Directors of The Hague CAA and Secretary General / Director General of The NAI, said: “The new Hague CAA arbitration rules draw on the vast experience of the Hague CAA Rules Standing Committee members in particular. Parties to aviation disputes now have an innovative and cost-efficient alternative on offer, with a default expedited procedure as well as provisions on early determination and multi-contract provisions. The NAI, as the administrating body under The Hague CAA arbitration rules, has 75 years of experience in administrating highly complex and technical disputes. It stands ready to administer any disputes under these advanced and forward-looking rules.”
Gary Birnberg, The Hague CAA's Advisory Board Chairperson, said: "This is a pivotal moment in the early history of The Hague CAA, and we will continue to write its future history together with the industry it serves."
Notes for Editors:
About The Hague CAA: Launched on the main stage of the Farnborough Airshow in July 2022, the Hague Court of Arbitration for Aviation (“The Hague CAA”) is an innovative non-profit specialised court of arbitration and centre for mediation seated in The Hague and specifically designed for the global aviation industry by leaders in aviation and arbitration. Over 80 diverse aviation and arbitration attorneys, aviation executives and technical experts from around the world work together with the Netherlands Arbitration Institute to co-create The Hague CAA. This global team of volunteers is comprised of professionals who also work for over 25 law firms, 4 law schools and over 30 aviation companies – representing airlines, aircraft and engine lessors, banks, private jet brokerage, valuation and technical advisory firms and more. Collectively, they represent very well over 1,000 years of experience across the vast aviation industry, and several hundred more of arbitration experience. 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 CAA 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.
About the Netherlands Arbitration Institute: Established as a foundation in 1949, the Netherlands Arbitration Institute (Stichting Nederlands Arbitrage Instituut; “NAI”) operates on a non-profit basis and performs its duties entirely independently and impartially. The NAI is the sole administrating body for disputes referred to The Hague CAA for resolution under the arbitration and mediation rules of The Hague CAA. The NAI aims to promote a number of different types of alternative dispute resolution: arbitration, binding advice and mediation, in particular by providing trade and industry with soundly regulated arbitral, binding advice and mediation procedures. The NAI is the largest general arbitration institute in the Netherlands, a solid and innovative organisation with by far the most experience with and knowledge of different forms of ADR. The NAI is located in the centre of Rotterdam.
About The Hague CAA’s governance: The Hague CAA is an independent non-profit foundation under Dutch law. It has a 7-member Board of Directors as its sole governance body, responsible for directing its activities in coordination with the NAI. The Hague CAA’s Advisory Board and its Standing Committees perform a critical advisory role in providing the Board of Directors with a broad spectrum of highly specialised knowledge, experience and skills to better enable The Hague CAA to successfully achieve its mission.
Further Information:
Paul Jebely | paul.jebely@haguecaa.org
Gary Birnberg | gary.birnberg@haguecaa.org
Gerard J. Meijer | gmeijer@nai-nl.org
Camilla M.L. Perera - De Wit | cpereradewit@nai-nl.org
Secretariat
The Hague Court of Arbitration for Aviation
secretariat@haguecaa.org
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