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Applicability of the Montréal Convention in Israel |
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By Adv. Moshe Abady and Adv. Deror Lin
A significant new amendment was recently made to The Carriage by Air Law - 1980. Until recently, the Law applied the Warsaw Convention of 1929 (as well as the Hague Protocol - 1955) for international and domestic air carriage.
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Is The Two Years Limitation Provided by the Warsaw Convention Subject to Extension |
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Adv. Peggy Sharon and Adv. Keren Marco
On July 27 2008 in Siberia Airlines v The Estate of Alexander Grigorbaich the Tel Aviv District Court dealt with the issue of whether the two-year limitation period provided under the Warsaw Convention may be extended based on, among other things, the Israeli Law of Limitation 1958. The registrar of the district court ruled that under unique circumstances, such as proven allegations of fraud against the defendant, it is possible to extend the convention's short prescription period. On 23 February 2010 a motion for leave to appeal to the Supreme Court was denied based on the same reasoning.
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Agency Relationship Between Carrier and Travel Agency (The Responsibility for Exchange Rate) |
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Adv. Peggy Sharon and Adv. Oded Cederboim
In the eyes of the Supreme Court, a travel agency may be considered as an agent of a carrier when the carrier knew, encouraged or instructed the travel agency how to act.
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Multinational Accidents – Which Law should Apply? |
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By Adv. Peggy Sharon
Air accidents inevitably raise numerous complex issues, one of which is invariably that of jurisdiction. Where the Warsaw system of conventions applies as was amended eventually by the 4th Protocol of Montreal, a framework for jurisdiction is specified; however, where Warsaw Convention does not apply, jurisdictional issues may become more problematic.
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What Constitutes "Willful Misconduct" An Israeli Perspective |
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By Adv. Peggy Sharon
For the plea of willful misconduct as stated in Section 25 of the Warsaw Convention, the plaintiff has to prove both that the degree of the negligence (deviation from the standard of care) is very high - an objective test, and in addition that the carrier was aware of the probability of the occurrence of damage due to its behaviour and yet was indifferent to this result - a subjective test.
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Will Payment for the Lease of an Aircraft |
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By Adv. Peggy Sharon and Adv. Keren Marco
In a recent judgement handed down on 4th November 2009 by the Tel Aviv District Court, the Court interpreted the term "for reward" for the applicability of the Warsaw Convention to the crash of a helicopter which was leased.
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Will the Warsaw Convention Apply to a Freight Forwarder? |
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Adv. Peggy Sharon and Adv. Moshe Abady
The freight forwarder may act in several capacities - sometimes just as an agent for its clients for the coordination of the shipment, without issuing an Airway Bill but sometimes it issues an airway bill and undertakes to deliver the shipment from point A to point B.
The liability of an air carrier is provided by the Warsaw Convention which was enacted into the Israeli law by the Israeli Carriage by Air Law - 1980.
The question is whether the liability of the freight forwarder is also governed by the Warsaw Convention?
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Deep Vein Thrombosis (DVT) - Not An Accident |
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Adv. Peggy Sharon
In a recent ruling by the Tel-Aviv District Court (Sept. 2007) the court addressed the question whether a death of a passenger resulting from DVT can be considered an "accident" according to the Warsaw Convention. The court reaffirmed a previous ruling that determined that DVT should not be considered an accident within the scope of the Warsaw Convention and that despite the unfortunate circumstances, the claim should be dismissed.
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Will The Warsaw Convention Apply to Non - Regular Transportation? |
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By Adv. Peggy Sharon and Adv. Moshe Abady
An aircraft accident resulting in bodily injury to passenger is governed by The Warsaw Convention , which on the one hand, imposes almost strict liability on the air carrier but on the other hand, limits the amount of indemnity payable to the passenger.
Article 1 of the Convention provides that 'This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking'.
In order that the limit of indemnification will apply, the air carrier should issue a flight ticket which includes a declaration that the carriage is subject to the rules relating to liability as established by the Warsaw Convention.
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