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A Diversified Settlement Mechanism For Disputes In Aviation Financing Leasing Contracts

Posted on:2020-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:P P CuiFull Text:PDF
GTID:2416330596494453Subject:Law
Abstract/Summary:PDF Full Text Request
In practice,the disputes of air financing lease contract mainly include the disputes of lessee's arrears,guarantee contract and legal nature of air financing lease.The disputes over air finance lease contracts are characterized by interweaving disputes subjects,complex legal relations and strong foreign-related nature,and more emphasis on efficiency claims under the premise of ensuring basic fairness.The diversified settlement mechanism of disputes in aviation finance lease contract includes litigation settlement and non-litigation settlement,among which non-litigation settlement mainly includes arbitration,mediation and reconciliation.All kinds of dispute resolution methods have some problems and shortcomings in dealing with disputes over aviation financing lease contracts.Because of the long disposal cycle,high litigation cost and difficulty in executing awards,litigation methods have disadvantages of high cost but low efficiency in resolving disputes over aviation financing lease contracts.Arbitration methods have been established late and developed slowly due to the specialization of arbitration institutions and lack of autonomy of will.The reasons of insufficient guarantee and long period of judicial review make it inefficient in resolving disputes over air financing lease contracts;the people's mediation mode is difficult to play an effective role due to its low level of institutions and lack of professional mediators.In addition,there is insufficient cohesion among various dispute resolution methods,which fails to form a complete system and mechanism.In view of the characteristics of disputes over air financing lease contracts and the shortcomings of various dispute resolution methods,the suggestions for improving the diversified dispute resolution mechanism of air financing lease contracts are mainly from the following four points: firstly,to improve the efficiency of trial and reduce litigation costs;secondly,to improve the utilization rate of arbitration;thirdly,to promote the development of industrial mediation committees;fourthly,to strengthen the dispute resolution of all kinds of disputes.Coordination and cohesion between decision-making modes.
Keywords/Search Tags:Air Finance Lease Contract Dispute, Litigation, Arbitration, Mediation
PDF Full Text Request
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