Argentina introduces regulator-led conciliation for passenger claims

Argentina has introduced a new regulator-led conciliation mechanism for passenger air transport disputes, creating an additional avenue for the resolution of claims before they reach the courts.

Through Resolution No. 188/2026, Argentina’s National Civil Aviation Administration (ANAC) introduced the Service of Conciliation for Air Transport Passengers as part of broader reforms to the country’s aeronautical regime. ANAC describes the initiative as part of a modernization process aimed at streamlining and increasing transparency in the resolution of disputes between air transport users and service providers.

How does the new process work?

Passengers may initiate a digital conciliation process free of charge. Where the passenger elects to proceed, ANAC appoints an independent conciliator from a newly created National Digital Register of Conciliators. Conciliators must be registered mediators under Law No. 26,589 and complete specialised aeronautical training, reflecting the technical and regulatory context in which passenger claims arise.

The conciliation process is designed to be streamlined, informal and fully digital, with strict procedural deadlines applying throughout; and closes automatically in the absence of a response within the prescribed deadlines.

What role does ANAC play?

Although conciliators act independently and can propose non‑binding settlement proposals, ANAC retains supervisory control over the process, and in its capacity as Argentina’s aeronautical authority must validate any agreement reached. Only approved agreements generate regulatory effects.

Importantly, the conciliation mechanism does not exclude or replace other available administrative or judicial remedies. Passengers remain entitled to pursue claims before the consumer protection authorities (Defensa del Consumidor) or through the courts. This means that this new procedure operates as an additional, optional avenue within the existing legal framework, rather than a mandatory precondition or substitute.

Likewise, where the parties do not reach an agreement through the conciliation process, they retain access to the other administrative and judicial remedies available under Argentine law.

For passengers, the process offers a digital alternative to traditional dispute resolution mechanisms.

Cost and incentives

The conciliation process is free of charge for passengers. Conciliator fees are borne by the airline where a settlement is reached in accordance with the resolution. The resolution does not, however, address the allocation of conciliator fees where no agreement is reached.

What does this mean for insurers and reinsurers?

The new process has the potential to support earlier engagement and more efficient resolution of lower-value passenger claims, particularly given its digital format, ANAC supervision and the requirement for conciliators to have specialised aeronautical training.

At the same time, its practical impact remains uncertain. As passengers remain free to pursue consumer protection or judicial remedies, the mechanism may either reduce litigation or simply add another stage to the claims process. Questions also remain around conciliator fees where no agreement is reached, and the accessibility of the process may encourage speculative claims.

Overall, the regime has positive features, but its effect on the volume, cost and resolution of passenger claims will only become clear as it develops in practice.