INTRODUCTION Contributed by: Paul P. Jebely, Paul P. Jebely
cases in the United States is over 27 months, and that is not accounting for potential appeals. Critically, The Hague CAA is not frozen in time or stuck to a founding text or treatise. Its very hallmarks are flexibility and party autonomy, which, along with the overall structure of the project, allow it to develop and adapt in response to the needs of its users. In that light, it is worth noting that although its launch was preceded by many months of work on its arbitration rules and procedures, The Hague CAA undertook a wide-ranging industry consultation process immedi - ately following its launch, which resulted in the release of its first arbitration rule enhancements in February 2023, less than seven months of its launch. At the time of publication, a similar process concerning the mediation rules nears its conclusion, with the launch of a major mediation rules update imminent. These innovative rule enhancements bear testimony to the agility and dynamism of The Hague and reflect its commitment to evolving with the industry’s needs, mirroring the aviation sector’s constant push towards greater efficiency and excellence. A decades-long mission The unprecedented early adoption of The Hague CAA is evidenced by the fact that billions of dollars’ worth of aviation transactions are known to have included provision for The Hague CAA arbitration and/or medi - ation in the two years since its launch. The mission of The Hague CAA extends “beyond the courtroom” to fundamentally alter perceptions and practices around arbitration and mediation in the vast global aviation industry. Thus, The Hague CAA is focused on its campaign to “engage, educate and encourage” as it works to demystify arbitration and mediation in large swaths of the vast global aviation industry. While there have been no final awards rendered by any Hague CAA tribunal yet, the absence of a miraculous early caseload should not be misconstrued as a failure or a true measure of The Hague CAA’s utility or success. To leverage it as such is intellectually dishonest and adheres to a common trope that ignores the com - plexity of establishing any specialised arbitration and mediation institution, let alone one initiating a seismic shift in how the global aviation industry resolves dis - putes – a change that, by its nature, is gradual. The Hague CAA’s growing adoption is a clear indicator of
its impact and the industry’s readiness for innovative change in this respect, showcasing the potential for collective efforts to drive meaningful advancements. Specialised arbitration and mediation presently stands as a promising alternative for the aviation industry to traditional court litigation in many cases, and The Hague CAA offers the industry greater expertise, effi - cacy and efficiency in the resolution of contractual disputes by its industry-specific approach – dynam - ic, responsive, and acutely attuned to the distinctive nuances of the global aviation industry. As arbitra - tion and mediation slowly but surely continue to be woven into the fabric of aviation deal-making around the world in the years and decades to come, it will progress from “promising alternative” to “standard operating procedure.” A new flight plan has been charted by The Hague CAA, the course set, and the destination clear. The Hague CAA model clauses The Hague CAA will continue to transform the vast global aviation industry, one clause at a time. To that end, the following short-form model mediation and arbitration clauses may be included in various avia - tion industry contracts wherever helpful to the parties involved. These short-form model clauses are only for quick reference, and further variations and detailed information and guidance is available on The Hague CAA website: • Mediation: “The Parties may, at any time and with - out prejudice to any other proceedings, mutually agree to seek to settle any dispute or part thereof arising out of or in connection with this Agree - ment through mediation in accordance with the Mediation Rules of The Centre for Mediation at The Hague Court of Arbitration for Aviation for the time being in force.” • Arbitration: “All disputes arising out of or in con - nection with this Agreement, including any ques - tions regarding its existence, validity, or termina - tion, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of The Hague Court of Arbitration for Aviation for the time being in force, which Rules are deemed to be incorporated by reference into this clause.”
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