INTRODUCTION Contributed by: Paul P. Jebely, Paul P. Jebely
the role of the mediator(s) in managing emotions, facil - itating communication, and helping parties generate options makes the negotiation process more efficient and outcome-oriented. The Hague CAA The landscape of arbitration and mediation is dotted with a multitude of generalist institutions around the world. The unique dynamics and needs of aviation fuelled the launch of The Hague CAA – a truly spe - cialised, tenable and neutral arbitration and media - tion service designed for and in the genuine service of the vast global aviation industry. It must be noted that the unique mission of The Hague CAA is “to pro - mote the use of arbitration and mediation as preferred methods of contractual dispute resolution throughout the vast global aviation industry, wherever and how - ever helpful to the parties involved.” In this light, the mission of the Hague CAA in service of the industry extends far beyond the institution itself and actually benefits other arbitration and mediation institutions as well. That noted, The Hague CAA has meticulously crafted and continues to meticulously craft the best specialised arbitration and mediation solution for the vast global aviation industry. Thus, the launch of The Hague CAA likely represents the single most signifi - cant legal development affecting the vast global avia - tion industry over the last decade. Arbitration and mediation “for us, by us” The Hague CAA truly exemplifies each of the ben - efits of arbitration and mediation discussed above, and further offers specialised arbitration fine-tuned to the distinctive dynamics of the vast global avia - tion industry. The true beauty of the “for us, by us” nature of The Hague CAA rests in the fact that it was and continues to be engineered to the contours of aviation contractual disputes by a diverse global con - sortium consisting of many dozens of senior aviation legal and technical professionals working alongside several dozen senior arbitration professionals under the guidance of a nearly 75 year-old arbitral institu - tion – representing in sum well over 2,000 years of combined aviation expertise and over 2,000 years of combined arbitration (and mediation) expertise. While generic arbitration and mediation has undoubt - edly offered occasional solace, it has failed by design
to address the specialist needs of the vast global avia - tion industry, and thus failed to garner true engage - ment. The relatively minor and inconsistent use of arbitration by a global industry with more than USD3 trillion in annual economic activity, where the major - ity of transactions cross borders, amounts to a drop in the ocean. The Hague CAA’s burgeoning efforts – which are even demonstrably benefitting large gener - alist arbitral institutions – are not just filling a neces - sary void, they are redirecting the industry’s tide one clause at a time. There are several aspects of the Hague CAA, beyond its specialised nature discussed below, that set it apart from most generalist arbitration and mediation institutions. To begin with, the Hague CAA is a genu - ine non-profit foundation, which not only lowers the administrative costs for parties involved relative to most other institutions, but also ensures that its mis- sion remains focused on serving the aviation industry. Indeed, it is also notable that the mission of the Hague CAA is in the bona fide service of the aviation industry and not just the Hague CAA itself – to which end its mission statement reads “ The Hague CAA also mirrors the values of the aviation industry in a number of ways. In terms of gender, race, age, geography and other diversity, The Hague CAA stands as one of, if not possibly the most, diverse arbitral institutions globally. Moreover, the Hague CAA’s commitment to diversity and sustainability are expressly embodied in its rules and procedures. While arbitration remains a cornerstone of The Hague CAA’s dispute resolution framework, the deep integra - tion of mediation into its offering, underscores a com - mitment to providing comprehensive, adaptable, and effective solutions for the vast global aviation industry. As discussed above, the benefits of mediation, analo - gous to those of arbitration and then-some, make it an indispensable tool for managing and resolving the complex, cross-border disputes that characterise the aviation sector. The role of the NAI and importance of the Hague The Hague CAA is rooted in the rich arbitration and mediation soil of the Netherlands. To begin with, its arbitration and mediation cases are administered
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