1. Group A (Writ Matters)

₹13000.00₹10000.00

Aviation disputes are disagreements within the highly regulated aviation industry, involving stakeholders like airlines, passengers, and airports, and can cover issues from passenger rights to aircraft maintenance and financial transactions. Resolution often uses methods like alternative dispute resolution (ADR), including mediation and arbitration, and can involve consumer forums for passenger-related issues, all under various international and national laws. 

Common Types of Aviation Disputes

  • Passenger-Related Issues:

    These include disputes over delayed or cancelled flights, denied boarding, and lost or damaged luggage, often addressed under consumer protection laws. 

  • Aircraft Maintenance & Lease Disputes:

    Disagreements can arise between airlines and maintenance providers regarding the quality of work, contract interpretation, warranty claims, and the return of aircraft or engines. 

  • Financial & Commercial Disputes: 

    Issues can involve disputes over payment terms between airlines and airports, as seen in the example of IndiGo and Air India with Adani, and issues related to aircraft leasing and payments. 

  • Operational & Safety Disputes: 

    Conflicts can occur over operational procedures or issues related to aviation safety and regulatory compliance. 

  • Regulatory Compliance: 

    Disputes can also stem from challenges in adhering to various national and international aviation laws and regulations. 

Resolution Methods

  • Negotiation and Mediation: 

    These are often preferred as they can be faster and less costly than litigation, aiming for mutually beneficial outcomes. The Singapore Convention helps provide a framework for enforcing mediated agreements internationally. 

  • Arbitration: 

    An alternative dispute resolution (ADR) technique that is encouraged for its efficiency in the aviation sector. 

  • Consumer Forums: 

    In India, passengers can file complaints with bodies like the National Consumer Disputes Redressal Commission (NCDRC) for issues under the Consumer Protection Act. 

  • Litigation:

    While less preferred for speed and cost, legal action can be used to resolve disputes, especially when other methods fail. 

Key Factors in Dispute Resolution

  • Complexity:

    The aviation industry is complex, with numerous international laws, making disputes intricate and costly to resolve. 

  • Regulatory Frameworks:

    Both international and national laws provide a framework for resolving aviation disputes, though these frameworks are continuously evolving. 

  • International Conventions:

    Treaties like the Singapore Convention are crucial for the cross-border enforcement of mediated settlements. 

  • Data-Driven Approaches:

    In air traffic control, a priority method involving scoring aircraft based on their position is used for efficient conflict resolution. Aviation