{{{{ MontrealConvention.Org }}}} - The No.1 Air Passenger Resource Website
Suffered delay/lost/damaged baggage/luggage or personal injury by an airline? seeking compensation? Want to know the liability for death or injury to passengers, Delay of Passenger/Delayed Flight, Damage to Passenger/Bodily Injury, Damage Occasioned by Delay of Passenger, Delay of Baggage, Damage to Baggage, Lost Baggage, Damage Occasioned by Delay of Baggage?
One trillion dollar per year industry of International air transport of passengers,
baggage and cargo is governed by the Montreal Convention. If you intend
to travel or send/receive goods by air, to or from another country,
then it is in your best interests to be aware of certain information.
Interpretation
of the Montreal Convention is, in general, done on the basis of case
law and mostly based on the case law of those courts that have English
as their main language. Unlike the Warsaw Convention, the Montreal
Convention is officially in six languages (Chinese, English, Arabic,
French, Russian, Spanish). All are of equal standing, there
is no prevailing language. Therefore, Judges in these six
countires are free to make their decisions based on their own
interpreteation of the text of the Montreal Convention in their own
language. The majority of litigation is carried out in small
local courts around the world and for sums that are not so great as to
warrant the cost of the passenger hiring professional representation as
the cost of such representation may outwiegh the amount of the claim,
especially in small claims courts where costs are usually
irrecoverable. Such small claims also do not attract the
interest of professional representation. Many judges in these
small courts, although highly competent, have unfortunately never had
to deal with the issue of the Montreal Convention themselves.
In some instances, judges have been forced to accept earlier English
jurisprudence, especially the old case law that is favourable to the
air carrier, some of which were obtained in the country where the air
carrier concerned was the National Flagcarrier. If you have to file your case in court, it is worth
bringing this to the attention of the Judge in your case. If
there is no relevant case law available in your language and country
then the Judge is quite within his rights to ignore the case law in the
English language and make new case law in your country with his
decision in the case. This then builds up relevant case law
in each of the six official languages of the Montreal Convention making
interpretation of the Convention much easier for the Judges.
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