Arbitration in Air, Space and Telecommunications Law

by
Format: Paperback
Pub. Date: 2002-04-01
Publisher(s): Kluwer Law Intl
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Summary

The third volume in the Permanent Court of Arbitration/Peace Palace Papers series, published by Kluwer Law International, reproduces the papers presented at the Third International Law Seminar, held at the Peace Palace on February 23, 2001. This seminar, which was organized in cooperation with the European Organization For The Safety of Air Navigation (EUROCONTROL), addressed a topic of pressing interest to private practitioners, governments, and international organizations: The role of dispute resolution mechanisms in the fields of air and space law and telecommunications activities. In this publication, prominent experts examine the international instruments in air, space, and telecommunications law And The need for a mandatory supranational dispute settlement mechanism. The EUROCONTROL draft Arbitration Policy is dealt with in great depth by various authors, And The experiences of the European Space Agency And The International Telecommunications Union with respect to dispute settlement are also reviewed. More general issues of pre-arbitration procedures, expedited arbitration, enforcement, And The need for specialist expertise are also considered. This volume also features a French language summary of the seminar papers, and reproduces texts of the 1997 EUROCONTROL Revised Convention, The EUROCONTROL draft Arbitration Policy, And The Final Draft of the Revised Convention on the Settlement of Disputes Related to Space Activities.

Table of Contents

Table of Contents
v
List of Journal Abbreviations
ix
Introduction xiii
Tjaco T. van den Hout
PAPERS PRESENTED AT THE SEMINAR
Moderator's Introduction
3(8)
Karl-Heinz Bockstiegel
International Instruments in Air, Space and Telecommunications Law: The Need for a Mandatory Supranational Dispute Settlement Mechanism
11(48)
Brian F. Havel
The Development of an Arbitration Policy in the Context of the Revised Eurocontrol Convention
59(22)
Roderick D. van Dam
Arbitration in Aviation: The Ultimate Remedy?
81(13)
John Balfour
Arbitration in Air Law Conflicts
94(7)
Jacques Naveau
Types of Awards and Issues of Enforcement: Some Reflections on the Eurocontrol Revised Convention
101(18)
Nicolas C. Ulmer
Enforcement of Eurocontrol Awards: Are Honor (and Shame) Enough?
119(26)
D. Brian King
The European Space Agency's Experience with Mechanisms for the Settlement of Disputes
145(12)
Andre Farand
Experience of the European Space Agency with Dispute Settlement Mechanisms
157(4)
Ulrike M. Bohlmann
The Various Approaches to Dispute Settlement Concerning International Telecommunications
161(32)
Alfons A.E. Noll
Pre-Arbitration Procedures and the Eurocontrol Arbitration Mechanism
193(18)
Peter Malanczuk
Pre-Arbitration Procedures
211(24)
Jan K. Schaefer
Expedited Procedures: A Review of the Eurocontrol Arbitration Policy
235(18)
Jacomijn J. van
Haersolte-van Hof
Are Specific Fast-Track Arbitration Rules Necessary?
253(32)
Mireze Philippe
Arbitration and the Need for Technical or Scientific Expertise
285(12)
Gabrielle Kaufmann-Kohler
Composition of Arbitral Tribunals: The Need for Experts
297(4)
Hans van Eck
General Observations
301(6)
Gilbert Guillaume
Closing Remarks
307(6)
Karl-Heinz Bockstiegel
SUMMARY IN FRENCH/RESUME
Reglement des differends dans le domaine du droit aerien et spatial
313(32)
Alexa Duverger-Pichon
ANNEXES
Annex I: Eurocontrol Revised Convention, Article 34
345(6)
Annex II: Eurocontrol Arbitration Policy Draft presently under discussion in Eurocontrol
351(8)
Annex III: List of Sponsors
359

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