Litigation and Arbitration in Aviation Law

This course provides an in-depth and practice-oriented examination of litigation and arbitration in aviation law, with a particular focus on international conventions and the legal framework applicable in the United Arab Emirates. It is designed for legal practitioners, arbitrators, airline legal advisors, regulators, and postgraduate law students seeking advanced knowledge of aviation disputes.

The course begins by addressing judicial litigation arising from air carriage, including claims for compensation related to passenger injury or death, damage to baggage and cargo, and delays in air transport. It offers a detailed analysis of the legal basis of air carrier liability under the Warsaw Convention of 1929 and the Montreal Convention of 1999, highlighting the shift from fault-based liability to objective liability and risk allocation. Special attention is given to evidentiary burdens, limitation of liability, exemptions, and defenses available to air carriers.

The program further examines compensation rules and air carrier liability under UAE Federal Law No. 18 of 1993 (as amended), clarifying the interaction between domestic legislation and international aviation conventions. Participants will gain practical insight into jurisdictional rules, limitation periods, notification requirements, and enforcement of judgments in air transport disputes.

A substantial part of the course is devoted to unfair competition in the air transport sector, covering its procedural scope, legal conditions, evidentiary requirements, and civil and criminal remedies.

Finally, the course explores international air arbitration, including its procedural and substantive scope, the role of ICAO conventions, the selection of arbitral seats, applicable law, and the relationship between arbitration and national courts. The course concludes with a comparative overview of judicial control over arbitral awards, particularly in the UAE and Egypt.