الاختصاص القضائي بالمنازعات الناشئة عن عقد النقل الجوي الدولي : دراسة في اتفاقية مونتريال لسنة ١٩٩٩ و القانون الإماراتي

الملخص EN

This research paper discusses the judicial jurisdiction disputes- which informed of this research problem-convening from international air transport in Montreal Convention of 1999 and the UAE Commercial Transactions Law, it shows that the rules are in the jurisdiction of the carrier's home- court, or the court, which is located in the main activity of the carrier, or the court, which is located in the same jurisdiction where the contract was signed, or in the court where the last destination of the Carrier.

The Montreal Convention vested another special rule which is the jurisdiction of the court in disputes related to compensation for death or bodily harm of the traveller's residency court.

The paper also discussed the mentioned rules in detailed analysis.

I have also discussed a subject that has a great deal of importance related to the extent permissible to not following the rules of judicial jurisdiction in specific, the disputes arise from international air transport, which is listed in the Montreal Convention, article 33 and article 46, also article 368 of the UAE Commercial Transactions Law.

In a final point, the paper asserted that the ability of not following the rule.

The article ends with a conclusion in which results and recommendations are laid down.