Beyond Litigation: The Use of ADR in Resolving Disputes Between Air Carriers and Passengers: China’s Perspective

Abstract

In 2019, the Transportation Department of Civil Aviation Administration of China (CAAC), the Consumer Affairs Center and the China Air Transport Association have received 30,462 complaints from consumers. Meanwhile, the Consumers Association had accepted 9,010 complaints about disputes on air passenger transport in 2020. Traditionally, such disputes are usually resolved through litigation if the two parties could not reach consensus concerning the compensation. However, litigation is time-consuming and not consumer-friendly, therefore, the alternative dispute resolution (ADR), including arbitration and mediation, may be more appropriate, since most of those disputes are simple in terms of the fact and the amount of compensation involved. This article analyses the advantages of ADR in resolving the disputes compared with litigation based on the Chinese judicial practices. It then points out that the application of ADR in this area is not fully recognized and developed in China, and suggests that measures should be adopted to promote the application of ADR in the future. ADR, air passenger, air carrier, online dispute resolution