The Cape Town Convention: More Aircraft Leasing Mediations Will Be Heard In Dublin. Good News For Mediators!

Aviareto, an Irish company was successful in beating off international competition in a tender process to establish an International Registry in Blanchardstown in Dublin for the filing of interests in aircraft and aircraft engines.

It’s highly significant because it’s a joint venture between SITA SC and the Irish Government, and has a contract with the International Civil Aviation Authority (ICAO) to establish and operate the International Registry as required by the Cape Town Treaty.

SITA is owned by 642 airlines.

New legislation was introduced in 2005 to prepare for this and the recent Statutory Instrument, S.I. number 31 of 2008, Rules of the Superior Courts (Cape Town Convention) 2008, signed into law by the Minister of Justice, Equality and Law Reform, Brian Lenihan TD on 12th March 2008 now provide for such proceedings to be heard in the Commercial Court.

Accordingly, cases that are listed for hearing in this specialised division of the High Court will benefit greatly from the fast tracking procedures in these type of disputes and will be subject to the rules and regulations of this court.

At the centre of the Commercial Court is the option of either party to require another to engage in alternate dispute resolution or the court of its own motion can direct the parties to engage in mediation, arbitration or some other form of alternate dispute resolution.

The Irish Commercial Court, established over four years ago is renowned for the manner in which it can deal with major business disputes in a very cost-effective and expeditious manner more so than most other jurisdictions worldwide and accordingly it’s inevitable that more and more of these large corporations will seek to avail of the dispute resolution mechanisms available in Ireland.