On The International Civil Aviation Commercial Arbitration System And Its Construction In China

In recent years,with the vigorous development of the civil aviation industry,legal disputes in the civil aviation field have emerged one after another Relevant resolution mechanisms for commercial disputes in the international civil aviation field include negotiations,mediation,litigation and arbitration,etc.,There is a very necessary to build a more diversified dispute resolution system that is more eff-icient and more in line with industry characteristics,based on its professional characteristics and practical needs.The international civil aviation commercial arbitration system can alleviate the current dilemma of the court's"multiple cases and fewer people",and can repair commercial relations as soon as possible to ensure the realization of fairness and justice.At present,China's air transport industry is developing rapidly and becoming the second largest aviation market in the world.However,China's civil aviation dispute resolution mechanism has developed late and the system is not perfect.The international civil aviation commercial arbitration has distinct and unique advantages,it cannot be confused with traditional international commercial arbitration and international maritime arbitration.Therefore,we should build a normalized international civil aviation commercial arbitration system and promote its gradual maturity along the path of the independent legal department.In addition to the introduction and conclusion,the contents of the four parts of this thesis are as follows.The first part mainly discusses international civil aviation disputes and its settlement mechanisms.First,there is a brief introduction to international civil aviation disputes,reviewing the relevant resolution mechanisms of international civil aviation disputes and analyzing their advantages and disadvantages.Then,starting from the arbitrability standards and its expansion,the international civil aviation disputes are included in the scope of arbitrability,thus providing a solid theoretical and practical basis for the construction and improvement of an international civil aviation commercial arbitration system.The second part combs the development of the international civil aviation commercial arbitration system from the perspectives of historical evolution and legal origin.Through the evaluation of advantages with litigation and mediation,the unique status of aviation arbitration is highlighted.Then compares it with the international commercial arbitration system from the vertical level and the international maritime arbitration system from the horizontal level,to highlight its necessity of the construction of independent international civil aviation commercial arbitration system.Finally,some ideas were put forward to promote the development of the international civil aviation commercial arbitration system.The third part mainly discusses the main contents of the international civil aviation commercial arbitration system including arbitration agreement,arbitration institution and arbitration jurisdiction.Then,based on the aviation arbitration system in the Montreal Convention,the author gives an analysis of the implications of this system for China's aviation arbitration practice.Secondly,comparative research methods are used to analyze the relevant experience of the United States and the United Kingdom,especially the recent Boeing company air crash incidents.On this basis,the enlightenment of the experience of the operation of the overseas arbitration system on China is summarized,which paves the way for the following analysis of countermeasure.The fourth part,first of all,examines the status quo of China's civil aviation dispute resolution from the domestic and international levels,and analyzes related issues.Finally,in order to solve the practical problems faced by China's civil aviation commercial arbitration system,it puts forward perfect suggestions from four aspects:aviation arbitration agreement,aviation arbitration institution,aviation arbitration jurisdiction and other legal issues.On the one hand,it can help China build and improve the corresponding dispute resolution mechanism while building the“One Belt,One Road”international transportation channel and vigorously develop the air transportation industry;on the other hand,it can promote China's active participation in the formulation of international aviation dispute rules and improve the voice of China's aviation industry in the international market.