دادگاه صلاحيتدار در دعاوي مطروحه در حمل و نقل هوايي

Jurisdictional Issues for damages in Air Carrier

The Warsaw Convention of 1929 and the Montreal Convention of 1999 apply to all international and most domestic carriage of persons, luggage or goods performed by aircraft. According to Article 28 of the Warsaw Convention, an action for damages must be brought, at the option of the plaintiff, in the territory of one of the State Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination. According to Article 33 of the Montreal Convention, an action may be also brought, with some conditions, in the territory of a State Party in which at the time of the accident the passenger has his or her principal and permanent residence. These issues have been examined in this article.