Warsaw Convention Agreement

Any clause contained in the contract and in all specific agreements concluded before the arrival of the injury and by which the parties claim to violate the rules established by this Convention, whether by the decision on the applicable law or by amending the rules of jurisdiction, is null and void. However, arbitration clauses are permitted for the transport of goods, subject to this Convention, where arbitration is to take place in one of the legal systems covered by Article 28, paragraph 1. The agreement provides for combined transportation and transport by air and, in part, by other modes of transport. The limitations of liability were initially expressed in goldfranken (defined in a certain amount of gold in accordance with Article 22, paragraph 5, of the Convention). These amounts have been modified by Montreal`s Additional Protocol 2 to replace an expression in the form of SDr. These amounts apply in the absence of an agreement (on a larger amount) with the carrier. Agreements for lower amounts are null and void. The Convention for the Unification of Certain Provisions for International Air Transport, commonly known as the Warsaw Convention, is an international convention that governs the international responsibility for the international transport of persons, baggage or goods carried out for payment by aircraft. 2. In the case of such transport, the passenger or his representative may only act against the carrier that carried out the transport during which he carried out the accident or delay, unless the first carrier has assumed responsibility for the entire trip by express. On August 17, 1923, the French government proposed the convening of a diplomatic conference in November 1923 for the conclusion of a convention on responsibility for international air transport. The conference was formally postponed twice because the governments of different nations were reluctant to act so quickly without knowing the proposed convention. Finally, from 27 October to 6 November, the first conference met in Paris to discuss the draft convention.

Since most of the participants were diplomats accredited to the French government and not experts, it was unanimously decided to create a panel of technical legal experts to review the draft convention before it was submitted for approval by the diplomatic conference. As a result, the International Technical Committee of Aerial Legal Experts (CITEJA) was established in 1925. In 1927/28, CITEJA reviewed and developed the proposed draft convention and developed it in the current law unification package and presented it at the Warsaw Conference, where it was adopted between 4 and 12 October 1929. It has unified an important private air transport sector. Between 1948 and 1951, it was further investigated by a legal commission established by the International Civil Aviation Organization (ICAO) and in 1952 a new draft was developed to replace the convention. However, it was rejected and it was decided to amend the convention and not replace it in 1953. The work of the Committee on Legal Affairs at the ninth session was presented at the International Conference on Air Law, convened by the ICAO Council and convened in The Hague from 6 to 28 September 1955.