The forum non conveniens doctrine put to the test of uniform private international law in relation to air carriers' liability: lack of harmony between US and French decisional outcomes

Abstract

Far from annihilating forum shopping, Article 28 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention)1 and Article 33 of the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Montreal Convention)2 both encourage it by providing for a multiplicity of venues, thereby giving the plaintiff a wide choice, which is an unusual situation under uniform law. As to whether these Conventions allow the forum non conveniens doctrine to operate, the question was put before the domestic courts of countries where this doctrine is available or before courts designated as being more appropriate. The applicability of forum non conveniens gives rise to few difficulties when the defendant raises the defence in order to have an action dismissed in the forum in favour of a court lacking jurisdiction under either Convention, as jurisdictional bases are exclusive and...