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E-Thesis 572 views 712 downloads

Choice of Forum in International Aviation Litigation / DAVID CLUXTON

Swansea University Author: DAVID CLUXTON

DOI (Published version): 10.23889/Suthesis.53056

Abstract

By its nature, international air transport exposes carriers and their customers to risks that arise from crossing jurisdictional borders. For these reasons, treaties, such as the Montreal Convention 1999 (MC99), lay down provisions on jurisdiction aimed at securing uniformity while assuring an equit...

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Published: Swansea 2019
Institution: Swansea University
Degree level: Doctoral
Degree name: Ph.D
Supervisor: Leloudas, George ; Tettenborn, A.M.
URI: https://cronfa.swan.ac.uk/Record/cronfa53056
first_indexed 2019-12-18T19:16:14Z
last_indexed 2025-03-27T06:38:41Z
id cronfa53056
recordtype RisThesis
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spelling 2025-03-26T12:45:48.8911590 v2 53056 2019-12-18 Choice of Forum in International Aviation Litigation c305160e95c409ceee164f145499d4a6 DAVID CLUXTON DAVID CLUXTON true false 2019-12-18 By its nature, international air transport exposes carriers and their customers to risks that arise from crossing jurisdictional borders. For these reasons, treaties, such as the Montreal Convention 1999 (MC99), lay down provisions on jurisdiction aimed at securing uniformity while assuring an equitable balance of interests between stakeholders. However, these provisions have caused controversy and fuelled wasteful litigation over the matter of choice of forum in passenger claims. In this context, the common law doctrine of forum non conveniens (FNC) has been employed by defendants to defeat claimant passenger’s choice of forum. This thesis critically examines whether FNC is consistent with MC99 and/or its policies. In so doing, the broader question of how to regulate choice of forum in international aviation litigation is analysed. It is argued that MC99, as the successor to the Warsaw Convention 1929, is predicated on an anachronistic understanding of itself as a discrete system grounded on the two-party paradigm of claimant passenger versus defendant carrier. It is demonstrated that this does not correspond to the reality of modern international aviation litigation where third-parties play a critical role. Claimant passengers now have access to alternative remedies and with it, additional choices as to forum. In turn, the liability relationships between carriers and third parties (such as aircraft manufacturers) have evolved and bound them together, often in opposition to the claimant passenger. Behind the carrier and third parties stands the aviation insurer, calling the shots and pulling the strings. MC99 is merely a component of a bigger aviation accident passenger compensation system, the interdependency of which means that evaluating choice of forum under MC99 requires understanding this system’s organization and operation. This thesis puts forward a proposal for reform which takes account of this bigger picture and will regulate choice of forum more equitably and efficiently. E-Thesis Swansea Private air law, conflict of laws, treaty interpretation, jurisdiction, legal history, comparative law, aviation litigation, forum non conveniens 31 12 2019 2019-12-31 10.23889/Suthesis.53056 COLLEGE NANME COLLEGE CODE Swansea University Leloudas, George ; Tettenborn, A.M. Doctoral Ph.D Not Required 2025-03-26T12:45:48.8911590 2019-12-18T16:00:46.2067212 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law DAVID CLUXTON 1 53056__16139__1b7457aabd074a8d9c9f77bd80c87ae5.pdf Cluxton_D_PhD_Thesis_Embargoed_01.01.2021.pdf 2019-12-18T16:26:49.4645831 Output 2076445 application/pdf E-Thesis – open access true 2021-01-01T00:00:00.0000000 true
title Choice of Forum in International Aviation Litigation
spellingShingle Choice of Forum in International Aviation Litigation
DAVID CLUXTON
title_short Choice of Forum in International Aviation Litigation
title_full Choice of Forum in International Aviation Litigation
title_fullStr Choice of Forum in International Aviation Litigation
title_full_unstemmed Choice of Forum in International Aviation Litigation
title_sort Choice of Forum in International Aviation Litigation
author_id_str_mv c305160e95c409ceee164f145499d4a6
author_id_fullname_str_mv c305160e95c409ceee164f145499d4a6_***_DAVID CLUXTON
author DAVID CLUXTON
author2 DAVID CLUXTON
format E-Thesis
publishDate 2019
institution Swansea University
doi_str_mv 10.23889/Suthesis.53056
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
document_store_str 1
active_str 0
description By its nature, international air transport exposes carriers and their customers to risks that arise from crossing jurisdictional borders. For these reasons, treaties, such as the Montreal Convention 1999 (MC99), lay down provisions on jurisdiction aimed at securing uniformity while assuring an equitable balance of interests between stakeholders. However, these provisions have caused controversy and fuelled wasteful litigation over the matter of choice of forum in passenger claims. In this context, the common law doctrine of forum non conveniens (FNC) has been employed by defendants to defeat claimant passenger’s choice of forum. This thesis critically examines whether FNC is consistent with MC99 and/or its policies. In so doing, the broader question of how to regulate choice of forum in international aviation litigation is analysed. It is argued that MC99, as the successor to the Warsaw Convention 1929, is predicated on an anachronistic understanding of itself as a discrete system grounded on the two-party paradigm of claimant passenger versus defendant carrier. It is demonstrated that this does not correspond to the reality of modern international aviation litigation where third-parties play a critical role. Claimant passengers now have access to alternative remedies and with it, additional choices as to forum. In turn, the liability relationships between carriers and third parties (such as aircraft manufacturers) have evolved and bound them together, often in opposition to the claimant passenger. Behind the carrier and third parties stands the aviation insurer, calling the shots and pulling the strings. MC99 is merely a component of a bigger aviation accident passenger compensation system, the interdependency of which means that evaluating choice of forum under MC99 requires understanding this system’s organization and operation. This thesis puts forward a proposal for reform which takes account of this bigger picture and will regulate choice of forum more equitably and efficiently.
published_date 2019-12-31T08:47:13Z
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score 11.057753

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