Aviation law concept. Judge gavel and airplane on blue background. Flight cancellation
Disputes are inevitable in our day to day life especially in business and in the social strata of the society. It is pertinent to state that there are numerous benefits of using an arbitrator in handling civil aviation disputes which allows the disputing parties to make a choice on having a neutral third party to hear their case and pass an award. exploring this mechanism is helpful where the parties have a history of conflict or a risk of bias.
The aviation sector is a sensitive sector of any nation, it is very sensitive because of the high cost of running the sector. arbitration can be used to resolve complex or technical disputes. disputes in aviation are complex and technical in nature. the areas where the disputes mainly spring from aircraft design or maintenance. when legal disputes arise in this areas mentioned, it is important to understand that merely proving that the aircraft design was the probable reason for the accident/injury is not adequate as there are factors to consider like that of the misuse of the aircraft by the pilot, the preliminary presentation of risk by the aircraft design, and other similar factors.
The factors which are to be taken into consideration regarding disputes in the civil aviation sector vary completely. In respect of the issue of maintenance in a legal dispute it is worthy to mention that to comprehend that maintenance becomes necessary to ensure that the novel structure and materials employed for the better operation of the aircraft are carried out smoothly and are not incurring losses if the structure, parts are always malfunctioning. The following are inspections, repair processes and various maintenance programs. the manufacturers of these parts of the aircraft and the companies buying these aircraft are regarded as the same. The result of this is that disputes are bound to arise in the case of malfunctioning of the aircraft/parts of the aircraft.
On the issue of handling aviation disputes by arbitration, an arbitrator who is considered to handle civil aviation dispute resolution and passing an award when he or she has been selected, several factors should be considered when choosing. The main point to consider in choosing is to select an arbitrator who is familiar with the civil aviation sector. The reason is because the arbitrator will need to be able to understand the complex issue that may be involved in the dispute. again, it is adequate to choose an arbitrator who is neutral and impartial. the arbitrator must not have any personal interest in the outcome of the case. and finally, in the choice of an arbitrator the point is that the arbitrator should have experience in arbitration. This is because the arbitrator will need to be able to handle the complex legal issue that may arise during the arbitration. Apart from the arbitrator, all related persons have roles to play in the Civil Aviation process such as, mediators, parties, lawyers and experts.
In conclusion, the role of civil aviation arbitration in resolving disputes in the aviation sector is crucial, it provides a forum for the parties to resolve their differences without resorting to litigation. this is also important for promoting industry wise stability and growth.