Actions Commenced under the Conventions

AuthorJohn D. Holding, John S. Hoff
[87 ]
Chapter 9: Actions Commenced under
the Conventions
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.
Both Conventions contain provisions conf‌irming the common law rule
that questions of procedure are governed by the law of the court (lex fori).1
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).

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