The Assumption of Jurisdiction by the Irish Courts in Cases Involving the Registrar of the International Registry

Abstract

This article examines the bases on which the Irish courts assume jurisdiction in cases involving challenges to registrations on the International Registry established under the Aircraft Protocol to the Cape Town Convention. Such challenges arise either because (i) a registrant has made a unilateral registration of a registrable non-consensual right or interest or (ii) the holder of the right to discharge with regard to a registration has either ceased to exist or cannot be found. The Registrar is established and has its centre of administration in Ireland and, consequently, the courts of Ireland have exclusive jurisdiction to award damages or make orders against the Registrar pursuant to the Convention, and there is now a growing body of jurisprudence. Th e cases where the holder of the right to discharge registration cannot be found usually involve the Registrar as sole respondent but, in cases where the challenge is to a registrable non-consensual right or interest, the registrant and the Registrar are both included as respondents. The question of how the Irish courts are satisfi ed to assume jurisdiction over the registrant in such cases is important because it is a necessary condition for the making of the orders ultimately sought. This article examines, including by reference to the cases to date, the grounds available to an applicant before the Irish courts to satisfy the court that it has jurisdiction to make orders directing the discharge of challenged registrations.