Legal regulation of international air carriage contract in private international law

Abstract

This research deals with determining the applicable law to disputes arising from an air transport contract between the air carrier and the affected passenger or shipper. This topic is one of the important issues facing the parties to an air transport contract, given that the contract often contains a foreign element that gives it an international character. This raises a dispute in determining the law that should be applied to the existing dispute, especially since the laws differ from each other in terms of the mechanisms of proof or the scope of the damages that can be compensated or the amount of compensation that can be ruled by the court hearing the case. It is necessary to determine the applicable law in the event of a dispute and to give this issue great importance by the parties to the air transport contract. Also, the rules of jurisdiction, which constitute the essence of this study, related to air transport contract disputes according to the Montreal Convention of 1999, and it is clear that these rules include the jurisdiction of the carrier’s domicile court, or the court in whose jurisdiction the carrier’s main business center is located, or the court in whose jurisdiction the institution that concluded the contract is located, or the court of the destination. The Montreal Convention also added a special jurisdiction rule relating to disputes relating to compensation for death or bodily injury to the traveller, whereby the jurisdiction of the court in whose district the traveller’s permanent residence is located is granted. All of these rules have been analysed and evaluated in detail.