Singapore legislation

Clause 6

of Carriage by Air (Montreal Convention, 1999) Bill

Clause 6

Limitations of liability under Article 22 of Convention

(1)

The limitations on liability under Article 22 of the Convention shall apply whatever the nature of the proceedings by which liability may be enforced.

(2)

The limitation for each passenger under paragraph 1 of Article 22 of the Convention shall apply to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of Singapore, together with any proceedings brought against the carrier outside Singapore.

(3)

A court before which proceedings are brought to enforce a liability which is limited by Article 22 of the Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of —

(a)

the provisions of that Article; and

(b)

any other proceedings which have been, or are likely to be, commenced in Singapore or elsewhere to enforce the liability in whole or in part.

(4)

Without prejudice to subsection (3), a court before which proceedings are brought to enforce a liability which is limited by Article 22 of the Convention shall, where the liability is, or may be, partly enforceable in other proceedings in Singapore or elsewhere, have jurisdiction —

(a)

to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court; or

(b)

to make any part of its award conditional on the result of any other proceedings.

Read in full context — Carriage by Air (Montreal Convention, 1999) Bill →