ARBITRAGEM NA AVIAÇÃO INTERNACIONAL: Perspectivas para o Século XXI

Abstract

This article aims to comment on the viability of international arbitration for resolving conflicts related to international air transport. This is a necessary discussion because, with the growth of air traffic and the increased complexity of commercial and regulatory affairs, arbitration emerges as an alternative to traditional litigation procedures. The objective is, firstly, to outline a brief history of the use of arbitration in this field, whether to resolve conflicts between private parties or between States. The second goal is to examine the practical benefits and challenges encountered in the arbitration environment. Finally, there is a brief analysis of international aviation arbitration’s future, listing the specialized arbitration courts that have emerged in recent years. The methodology adopted in this work is qualitative and consists of elements related to Private International Law and International Air Law. Furthermore, this research develops through analyzing international conventions, arbitral awards, and a specialized bibliograph, to understand2 the challenges and opportunities of arbitration in the aeronautical sector.