Problemi di giurisdizione nella convenzione di Montreal del 1999

This paper compares the provision on choice of jurisdiction in Montreal Convention of 1999 on international air transport and those of the previous Warsaw Convention of 1929. The Montreal Convention added the so-called fifth jurisdiction. Issues relating to forum shopping and forum non conveniens are also examined. In particular, the author highlights the non-applicability of the doctrine of forum non conveniens with reference to jurisdictions provided by the uniform law. The author believes that provisions on choise of jurisdiction by Warsaw and Montreal Conventions  does not cover internal distribution of jurisdiction within the States.

This paper compares the provision on choice of jurisdiction in Montreal Convention of 1999 on international air transport and those of the previous Warsaw Convention of 1929. The Montreal Convention added the so-called fifth jurisdiction. Issues relating to forum shopping and forum non conveniens are also examined. In particular, the author highlights the non-applicability of the doctrine of forum non conveniens with reference to jurisdictions provided by the uniform