中国海事商事仲裁资讯2022年第3季度,2022Q3

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

Navigating aircraft leasing market: COVID-19 challenges and dispute resolution

FROM:CMAC | 2022-04-15

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15 April 2022 - CMAC Aviation Dispute Arbitration Center and CMAC Aviation Dispute Mediation Center jointly held a webinar titled Navigating aircraft leasing market: COVID-19 challenges and dispute resolution”. The webinar attracted over 40 arbitrators, lawyers, consultants, aviation legal experts from leasing and financing companies, and aviation professionals with an interest in aircraft leasing.

The webinar concluded with a common consent that the aircraft operators and aviation leasing companies in China shall address more attention on well-drafted arbitration clauses to speedy dispute resolution and minimize procedural disputes. Aviation disputes require specialised knowledge of technology, science, and air law. Arbitration is generally considered to be a preferred method for resolving disputes involving Mainland Chinese parties. The perception with arbitration is that it offers a neutral forum which gives the parties a better chance of having a fair hearing and closure on the dispute Moreover, it may also lower the risks damaging the type of long-standing relationships with customers that are typical of the aviation industry.

Dr. Chen Bo, Deputy Secretary General of CMAC, introduced the material amendments to CMAC Arbitration Rules 2021, including the use of legal tech in arbitration (Articles 8.2, 39.4, 39.6, 45.1, 51 and 81), rules of evidence (Articles 46-52), dual-track case management mechanism (Article 40), expedited procedure (Articles 66-74) and available fee schedules (Appendix II). Ms. Qi Ji, Director of CMAC Case Management Division, also introduced the content of CMLA Ad Hoc Arbitration Rules and CMAC Rules as Appointing Authority in Ad Hoc Arbitration, which were jointly published on 18 March 2022.

CMAC Aviation Dispute Arbitration Center, along with CMAC Aviation Dispute Mediation Center, were formally established in Beijing on 16 December, 2017. The two centers together provide a working platform under CMAC to deal with aviation-related disputes in the world, including but not limited to air transportation, aircraft manufacturing, aircraft sales, aircraft financial leasing, aviation insurance, general aviation trusteeship, ground services and air ticket agents.