Carriage by Air (Montreal Convention, 1999) Act 2007 · 2020 Revised Edition
6. Limitations of liability under Article 22 of Convention
Official textFrom Singapore Statutes Online, unchanged
The limitations on liability under Article 22 of the Convention apply whatever the nature of the proceedings by which liability may be enforced.
Convention
“Convention” means the Convention for the unification of certain rules relating to international carriage by air opened for signature at Montreal on 28 May 1999, the text of which is set out in the Schedule;
The limitation for each passenger under paragraph 1 of Article 22 of the Convention applies 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.
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 —
court
“court”, in relation to any arbitration proceedings allowed by Article 34 of the Convention, means the arbitrator or arbitration tribunal hearing the arbitration;
the provisions of that Article; and
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.
Without affecting subsection (3), a court before which proceedings are brought to enforce a liability which is limited by Article 22 of the Convention has, where the liability is, or may be, partly enforceable in other proceedings in Singapore or elsewhere, jurisdiction —
to award an amount less than what the court would have awarded if the limitation applied solely to the proceedings before the court; or
to make any part of its award conditional on the result of any other proceedings.
Terms defined in s 2
Convention
Defined · s 2“Convention” means the Convention for the unification of certain rules relating to international carriage by air opened for signature at Montreal on 28 May 1999, the text of which is set out in the Schedule;
court
Defined · s 2“court”, in relation to any arbitration proceedings allowed by Article 34 of the Convention, means the arbitrator or arbitration tribunal hearing the arbitration;