On The Arbitration And Resolution Mechanism For Commercial Disputes In International Civil Aviation

With the rapid development of my country’s aviation industry,international civil aviation commercial disputes continue to increase,and the arbitration resolution mechanism has become one of the effective ways to resolve international civil aviation commercial disputes by virtue of its advantages of respecting party autonomy,professional and efficiency.In the context of the globalization of aviation development,due to the imperfect legislation of aviation arbitration mechanism and lack of practical experience,China has no competitive advantage in resolving international civil aviation commercial disputes,and it is difficult to conform to the international community aviation arbitration system.Firstly,the application of the arbitration resolution mechanism in the field of international aviation should consider whether aviation disputes are arbitrable.Because international civil aviation commercial disputes have distinct industry characteristics,it is necessary to determine the standards to define the scope of arbitration.Secondly,the determination of the validity of an aviation arbitration agreement is a prerequisite for conducting arbitration procedures.my country needs to appropriately expand the interpretation of the requirements for the form of an aviation arbitration agreement in combination with the generally applicable rules of existing international conventions.Arbitration institutions can compile model aviation contract texts for reference,the defects in the arbitration agreement make it more difficult to determine the validity,which in turn affects the application of the arbitration procedure.In order to protect the autonomy of the parties,it is necessary to improve the validity of the aviation arbitration agreement.Finally,ad hoc arbitration has been generally accepted and recognized by the international community,and aviation ad hoc arbitration is no exception.However,there is a legislative gap in my country’s current ad hoc arbitration,and the recognition and enforcement of ad hoc arbitral awards are not equal,which is contrary to international aviation The development trend of commercial arbitration calls for the establishment of an ad hoc aviation arbitration mechanism in my country,and realize the independent and professional development of my country’s international civil aviation arbitration settlement mechanism.