Copyright (c) 2003 Southern Methodist University School of Law
Journal of Air Law and Commerce
ARTICLE: THE WARSAW CONVENTION ARTICLE 28, THE DOCTRINE OF FORUM NON CONVENIENS, AND THE FOREIGN PLAINTIFF
68 J. Air L. & Com. 75
Allan I. Mendelsohn*, Renee Lieux**
UNDER UNITED STATES statutory and common law, a court generally has jurisdiction over a cause of action if the court has jurisdiction over the subject matter, jurisdiction of the person, and jurisdiction over the particular judgment sought. 1 But if the tort in issue occurred when the plaintiff was embarking, disembarking, or during an international flight, then the traditional notions of jurisdiction are preempted by The Convention for the Unification of Certain Rules Relating to International Transportation by Air (Warsaw Convention or Warsaw), which provides its own unique cause of action and jurisdictional rules. 2 Under Warsaw, the plaintiff's choice of forum is no longer plaintiff-oriented; rather it becomes affiliated with the defendant's place of business and is subject to challenge by the defendant.
This article gives an overview of the Warsaw Convention, with particular emphasis on Article 28(1), and a brief description of the subsequent international protocols and conventions amending Warsaw. It then analyzes the United States doctrine of forum non conveniens and the interaction between the doctrine and Warsaw. Next, it briefly focuses on the applicability of Friendship, Commerce and Navigation treaties, which play some role in the application of the forum non convienens doctrine to foreign plaintiffs. It then critically reviews the important decision in In re Air Crash off Long Island New York on July 17, 1996. 3 Finally, this article briefly examines the Ninth Circuit's recent decision in Hosaka v. United Airlines 4 and speculates about its potential impact on the ...
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.