Commercial arbitration of air cargo contracts under the Warsaw Conventions 1929, Montreal 1999 and National Legislations

Abstract

The research dealt with the position of international conventions and related national legislation, including Bahraini and Emirati law, of the possibility of resorting to arbitration as a means of resolving disputes in air transport contracts for goods because of its ease of procedures and speed of adjudication of the dispute. In our research, we focused in the introductory chapter on the fundamental aspects and characteristics of the concept of the air transport contract, the position of international conventions, particularly the Montreal Convention 1999. However, devoted the first chapter to clarifying the objective rules of the contract and its legal nature, which approach the nature of compliance contracts, the role of the will of the parties to the arbitration agreement and other legal issues. While in the second chapter, we discussed the procedural rules and conditions of the arbitration agreement, and we found that there were different conditions on them and others agreed between the Warsaw Convention and the Montreal Convention. As well as the role of the national judiciary, supporting and aiding through the implementation of the arbitration judgment and the monitoring of the arbitration judgments issued. We concluded the research with a conclusion and a set of findings and recommendations.