Commercial Disputes Resolution and Jurisdiction
CHAPTER 5
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Resolving Airline Passenger Disputes by Alternative Dispute Resolution Methods
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I Introduction
Passenger disputes with airlines for their death, bodily injury, delay and the loss, damage, destruction and delay of their baggage have historically been the remit of courts. This was not the result of airlines imposing onerous terms on their customers to limit the litigation forums. Instead, the international legal framework governing such claims established a uniform code to be applied by the courts of State parties. This code, designed to be uniform and exclusive of resort to domestic laws, sets the conditions and venues for passengers to establish the airlines’ liability.