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Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)

Chapter 1 - General Provisions

Article 1 - Scope of application

Article 2 - Carriage performed by State and carriage of postal items

Chapter II - Documentation and Duties of the Parties Relating to the Carriage of Passengers, Baggage and Cargo

Article 3 - Passengers and baggage

Article 4 - Cargo

Article 5 - Contents of air waybill or cargo receipt

Article 6 - Document relating to the nature of the cargo

Article 7 - Description of air waybill

Article 8 - Documentation for multiple packages

Article 9 - Non-compliance with documentary requirements

Article 10 - Responsibility for particulars of documentation

Article 11 - Evidentiary value of documentation

Article 12 - Right of disposition of cargo

Article 13 - Delivery of the cargo

Article 14 - Enforcement of the rights of consignor and consignee

Article 15 - Relations of consignor and consignee or mutual relations of third parties

Article 16 - Formalities of customs, police or other public authorities

Chapter III - Liability of the Carrier and Extent of Compensation for Damage

Article 17 - Death and injury of passengers - damage to baggage

Article 18 - Damage to cargo

Article 19 - Delay

Article 20 - Exoneration

Article 21 - Compensation in case of death or injury of passengers

Article 22 - Limits of liability in relation to delay, baggage and cargo

Article 23 - Conversion of monetary units

Article 24 - Review of limits

Article 25 - Stipulation on limits

Article 26 - Invalidity of contractual provisions

Article 27 - Freedom to contract

Article 28 - Advance payments

Article 29 - Basis of claims

Article 30 - Servants, agents - aggregation of claims

Article 31 - Timely notice of complaints

Article 32 - Death of person liable

Article 33 - Jurisdiction

Article 34 - Arbitration

Article 35 - Limitation of actions

Article 36 - Successive carriage

Article 37 - Right of recourse against third parties

Chapter IV - Combined Carriage

Article 38 - Combined carriage

Chapter V - Carriage by Air Performed by a Person other than the Contracting Carrier

Article 39 - Contracting carrier - actual carrier

Article 40 - Respective liability of contracting and actual carriers

Article 41 - Mutual liability

Article 42 - Addressee of complaints and instructions

Article 43 - Servants and agents

Article 44 - Aggregation of damages

Article 45 - Addressee of claims

Article 46 - Additional jurisdiction

Article 47 - Invalidity of contractual provisions

Article 48 - Mutual relations of contracting and actual carriers

Chapter VI - Other Provisions

Article 49 - Mandatory application

Article 50 - Insurance

Article 51 - Carriage performed in extraordinary circumstances

Article 52 - Definition of days

Chapter VII - Final Clauses

Article 53 - Signature, ratification and entry into force

Article 54 - Denunciation

Article 55 - Relationship with other Warsaw Convention instruments

Article 56 - States with more than one system of law

Article 57 - Reservations


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Convention for the Unification of Certain Rules for International Carriage by Air

Montreal, 28 May 1999

copy @ Lex Mercatoria

Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999)

Chapter III - Liability of the Carrier and Extent of Compensation for Damage

Article 33 - Jurisdiction

1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the States Parties, either before the court of the domicile of the carrier or of its principal place of business, or where it has a place of business through which the contract has been made or before the court at the place of destination.

2. In respect of damage resulting from the death or injury of a passenger, an action may be brought before one of the courts mentioned in paragraph 1 of this Article, or 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 and to or from which the carrier operates services for the carriage of passengers by air, either on its own aircraft or on another carrier's aircraft pursuant to a commercial agreement, and in which that carrier conducts its business of carriage of passengers by air from premises leased or owned by the carrier itself or by another carrier with which it has a commercial agreement.

3. For the purposes of paragraph 2,

(a) "commercial agreement" means an agreement, other than an agency agreement, made between carriers and relating to the provision of their joint services for carriage of passengers by air;

(b) "principal and permanent residence" means the one fixed and permanent abode of the passenger at the time of the accident. The nationality of the passenger shall not be the determining factor in this regard.

4. Questions of procedure shall be governed by the law of the court seized of the case.

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( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.



Ralph Amissah

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