New Conciliation System in Air Transport Now Regulated

The Argentine Civil Aviation Administration (ANAC) issued Resolution 188/2026 on April 1, 2026, regulating the Conciliation Service for Air Transport Passengers created by Decree 809/2024.

Decree 809/2024, published by the Executive Branch on September 10, 2024, introduced several amendments to the air passenger transport framework, and provided for the creation of a specific system for the prompt resolution of passenger claims (see our comment on “Executive Approves Regulation of Commercial Air Transport Services”). In this context, Resolution 188/2026 completes the regulation, aiming to improve dispute resolution mechanisms in the air transport sector.

The Resolution reaffirms that the Conciliation Service will operate within the scope of ANAC and will be governed by the principles of celerity, immediacy, informality, gratuity, fair treatment, and virtuality. The system does not initially repeal or modify other existing conciliation mechanisms.

The procedure, set out in detail in Annex IV to the Resolution, is initiated at the request of the user through the digital channels enabled by the aeronautical authority. Upon receipt of a claim, ANAC will assess its admissibility and jurisdiction and, if appropriate, will invite the passenger to sign up to the electronic system. Participation is voluntary, and if the passenger fails to respond within the determined timeframe, the proceedings will be closed.

Once the conciliation stage is accepted, a conciliator from the Argentine Digital Registry of Conciliators—specially created by the Resolution—will be appointed. Conciliators must act with impartiality, independence, and confidentiality. The regulation also approves the mandatory basic training course and the procedure for appointing conciliators.

The course aims to provide conciliators with expertise in mediation techniques and specialized aviation law, with a focus on international conventions and potential infringements arising from airline breaches. The training also covers the study of aviation law, including its elements, autonomy, and the principle of specialty. This knowledge ensures that conciliators can offer informed settlement options and non-binding proposals, thereby promoting dialogue and communication as a primary means of dispute resolution

The conciliation will be conducted exclusively through digital means and within the following brief timeframes: conciliators must summon the parties to a hearing within ten business days from their appointment. Up to two hearings may be held, and the conciliation stage may not exceed 30 business days in total.

If the parties reach an agreement, it will be subject to the Argentine Directorate of Air Transport’s formal review and approval. Any breach of the agreement—as well as the air carrier’s unjustified failure to attend scheduled hearings—may give rise to initiating the corresponding administrative proceedings, under the General Regulations on Civil Aviation Offences.

Conciliators’ fees will be determined according to those in force at the time the conciliation is concluded, pursuant to the rates for mediators published by the Argentine Directorate for Mediation and Participatory Methods of Conflict Resolution under Law 26589. Fees will be borne by the air carrier, if parties reach an agreement.

If the procedure concludes without agreement, the relevant record will be drawn up and the parties involved must sign digitally sign it.

Finally, the regulation establishes the creation of a database to record and systematize—based on users’ feedback—deficiencies in the provision of air transport services. The goal is adopting preventive measures and improving claim management processes.

The Resolution will enter into force 90 administrative business days after its publication and will apply to claims filed after that day. The Resolution must also be immediately notified to companies authorized to operate commercial air transport, so that they may be duly informed.

This Resolution completes the implementation of the Conciliation Service established in Decree 809/2024, introducing a specific channel for the resolution of passenger claims that may have an impact on the dynamics of dispute resolution in the air transport sector.