Actions Commenced under the Conventions

• Author: John D. Holding, Q.C., MRAeS
• Pages: 69-77

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Chapter 9: Actions Commenced under

the Conventions

A. JURISDICTION

1) Four Bases of Jurisdiction

The Warsaw Convention provides four bases for judicial jurisdiction.1

These were adopted in the Montreal Convention, which added a f‌ifth

one.2

The f‌irst four jurisdictions are the following state territories:

where the carrier is ordinarily resident ◆

where the carrier has its principal place of business ◆

where t he carrier has an establishment or place of business ◆

through which the contract was made

the place of destination ◆

i) “Ordinarily Resident” (the Montreal Convention refers to the

“domicile”): The place where the main corporate administration

is located, usually the place of incorporation and where the board

of directors meets.

1 Warsaw convention, at. 28

2 Montreal Convention, art. 33, pa ra. 2.