INTRODUCTION Contributed by: Paul P. Jebely, Paul P. Jebely
There are various optional matters which could be addressed in the arbitration clause, most typically including tribunal composition and place and lan - guage of arbitration. In the context of aviation finance and leasing, these also include court-ordered interim relief, conservatory measures and relief pursuant to The Cape Town Convention or other applicable law in the context of aircraft leasing or financing, for exam - ple: • “The agreement of the Parties to arbitrate shall not preclude [the Lessor/a Finance Party] from obtain - ing orders from a court of competent jurisdiction for speedy interim relief, conservatory remedies and/or relief pending final determination pursuant to the Cape Town Convention or applicable law, for the prompt immobilisation, grounding, safe-keep - ing, possession, control, custody, maintenance and preservation of the Aircraft and its value, including preservation and protection from third party liens and claims, and the deregistration, export, recov - ery and delivery up of the Aircraft to [the Lessor/a Finance Party].”
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