Clause 9

No action against a carrier’s servant or agent which arises out of damage to which the Convention relates shall, if he was acting within the scope of his employment, be brought after more than 2 years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

Article 35 of the Convention shall not be read as applying to any proceedings for contribution between persons liable for any damage to which the Convention relates.

Subject to sections 4 and 29 of the Limitation Act (Cap. 163), no action shall be brought by a person, liable for any damage to which the Convention relates, to recover contribution from any other person in respect of the damage after the expiration of 2 years from the time when a court gives judgment or makes an award against the person seeking to recover the contribution.

Subsections (1), (2) and (3) and Article 35 of the Convention shall have effect as if references in those provisions to an action included references to an arbitration.