| Commentary

45 Jurisdiction

| Commentary

45 Jurisdiction

Every version of the Warsaw Convention1 provides that an action for damages must be brought, at the option of the claimant, in the territory of one of the following high contracting parties2, before a court having jurisdiction:

  1. 45.1

        where the carrier is ordinarily resident3;

  2. 45.2

        where the carrier has its principal place of business4;

  3. 45.3

        where the carrier has a place of business through which the contract of carriage was made5; or

  4. 45.4

        at the place of destination6.

The Montreal Convention of 1999 embraces the same four choices7 in relation to the territory of a state party8, but adds

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