Actions Commenced under the Conventions

• Author: John D. Holding, John S. Hoff
• Pages: 87-93

[87 ]

Chapter 9: Actions Commenced under

the Conventions

A. JURISDICTION

The issues with respect to the jurisdictions of the Federal and state

courts within the United States are dealt with in Chapter 2, Section E.

The subject of forum jurisdiction in the courts of the signatory

nations is covered in Chapter 2, Section B.

B. PROCEDURE

Both Conventions contain provisions conf‌irming the common law rule

that questions of procedure are governed by the law of the court (lex fori).1

C. FORUM NON CONVENIENS

1) National Application

As stated by the Court of Appeals of the 2nd Circuit in Smith v. Cana-

dian Pacif‌ic Airways,2 there had not been unanimity on whether the

1 Montreal Convention, Art. 33 , para. 4; Warsaw Convention, Art. 28 (2)

2 452 F.2d. 798 (2d. Cir. 1971). See also Mertens v. Fly ing Tiger Line 341 F.2d. 851

(2d. Cir. 1965); Pardonnet v. Flying Tiger Line 233 F. Supp. 683 (N.D. Ill. 1964);

Pitman v. Pan Am World Airways, In c. 223 F. Supp. 887 (E.D. Pa. 1963).