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2017 International Forum on Aviation Law Successfully Took Place

 

On May 25th, the 2017 International Forum on Aviation Law co-hosted by the East China University of Political Science and Law (“ECUPL”), International Institute of Air and Space Law (“IIASL”)of the Leiden University, and Shanghai Hongqiao Linkong Business Park successfully took place in Shanghai. Nearly 100 Chinese and foreign aviation law experts, scholars, attorneys and aviation industry participants attended the forum and exchanged views on aviation ADR.

 

On the opening session host by Ms. Lin Yanping, Vice President of the ECUPL, Mr. Ye Qing, President of the ECUPL, Mr. Gu Honghui, Mayor of Shanghai Changning District, Mr. Pablo Mendes de Leon, Director of IIASL and European Air Law Association (“EALA”), and Mr. Yang Jianrong, Chairman of SHIAC rendered their respective opening speech.

 

In Mr. Yang’s speech, he introduced that the Shanghai International Aviation Court of Arbitration had accepted several aviation cases, and with the support from the Shanghai Changning District, opened its office in the Shanghai Hongqiao Linkong Business Park. Mr. Yang further stated that, in the process of building air hub, more aviation disputes would arise and this forum would allow the attendees to exchange their insights and experience, explore the dispute resolution mechanism which suited the aviation industry, and promote building Shanghai as the international shipping and air center.

 

With the theme of “Exploring Diversified Approaches for Aviation Dispute Settlement”, the forum had three panel sessions of Lawsuit Dispute Resolution in Aviation Field, Improvement of International Aviation Arbitration Mechanism and Alternative Dispute Resolution in Aviation Field.

 

The Session of Lawsuit Dispute Resolution in Aviation Field was chaired by Prof. Yuan Faqiang of the ECUPL. Prof. Laura Pierallini of LUISS University demonstrated the key issues of choice of law and forum in international aviation disputes. Dr. P. Nikolai Ehlers, partner of Ehlers & Partners held that arbitration suited more in the aviation disputes than litigation and analyzed the liabilities of ground service providers from practical perspective. Ms. Tang Liming, Justice of Shanghai No. 1 Intermediate People’ Court introduced the aviation litigation cases accepted by Shanghai courts within five years. Ms. Yu Dan, associate professor of the ECUPL analyzed the feasibility of building Shanghai as the center for aviation dispute resolution.

 

The Session of Improvement of International Aviation Arbitration Mechanism was chaired by Mr. Ma Yi, Vice Chairman and Secretary-General of SHIAC. Dr. Xie Xingquan, Assistant General Counsel of International Air Transport Association (“IATA”) made introductions on the historical development, application and latest amendment draft of IATA’s arbitration rules. Dr. Guo Junxiu, General Counsel of China Eastern Airlines complimented on the advantages of the Shanghai International Aviation Court of Arbitration and proposed the promotion of the court through inclusion of its model clause into contracts with the support of industry associations. Prof. Leon raised several international arbitration cases involving civil aviation public law and the shift from negotiation to arbitration in China. Mr. Jin Yulai, Managing Partner of Kai-Rong Law Firm analyzed the pros of arbitration in aviation disputes through several cases he personally handled.

 

The Session of Alternative Dispute Resolution in Aviation Field was chaired by Mr. Guo Junxiu. Dr. Huang Jiafang, Senior Legal Officer of International Civil Aviation Organization (“ICAO”) introduced the judicial practice of ICAO in resolving states’ aviation disputes and indicated the importance of thorough understanding of international rules in China’s way to powerful aviation country. Mr. Alin C. Pop, President of Court of Commercial Arbitration of Ilfov and the Metropolitan Area of Bucharest deemed arbitration advantageous in aviation dispute resolution. Prof. Hao Xiuhui, Depute Dean of Civil Aviation University of China (“CAUC”) explained the feasibility of arbitration on flight delay disputes. Mr. Gao Feng, Partner of Grandall Law Firm proposed to improve the industrial mediation mechanism within the aviation industry associations.

 

This forum provided a communication platform for foreign and domestic experts to render suggestions on the aviation legal construction and development of aviation dispute resolution mechanisms in Shanghai. The successful holding of the forum manifested the high recognition and attention from international aviation legal field to Shanghai, as an important aviation hub locally and internationally. As a dispute resolution institution locating in Shanghai, SHIAC and the Shanghai International Aviation Court of Arbitration will spare no efforts to conduct theoretical and practical researches and promote the construction of Shanghai to be an international aviation metropolis.

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