Carriage by Air Act 1974 · Updated to 1 Jun 2015
10. Actions against State Parties
Official textFrom Laws of Malaysia Online, unchanged
Each State Party to any of the Carriage by Air Conventions shall for the purposes of any action brought in a court in Malaysia in accordance with Article 28 of the Convention, Article 28 of the
State Party
“State Party” means, a High Contracting Party in relation to the Convention and the Amended Convention, or a State Party in relation to the Montreal Convention, as the case may be;
Amended Convention of Articles 33 and 46 of the Montreal
Amended Convention
“Amended Convention” means the Convention as further amended by the Montreal Protocol…
Convention to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which
Convention
“Convention” means the Convention for the unification of certain rules relating to international carriage by air known as “the Warsaw Convention as amended at The Hague 1955” as set out in the First Schedule;
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any action is to be commenced and carried on; but nothing in this section shall authorize the issue of execution against the property of any State Party to any of the Carriage by Air Conventions.
Carriage by Air Conventions
“Carriage by Air Conventions” means the Convention, the Supplementary Convention, the Amended Convention and the Montreal Convention;
This section shall not apply to a State Party who has availed himself of the Additional Protocol at the end of the Convention or the
Additional Protocol at the end of the Amended Convention in relation to Article 28 of the Convention or Article 28 of the Amended
Convention, or of Article 57 of the Montreal Convention in relation to Articles 33 and 46 of the Montreal Convention.
Montreal Convention
“Montreal Convention” means the Convention, signed at Montreal on the 28 May 1999, for the unification of certain rules relating to international carriage by air, as set out in the Sixth Schedule;
The reference to Article 28 of the Convention and Article 28
of the Amended Convention in this section includes a reference to
Article VIII of the Supplementary Convention.
Supplementary Convention
“Supplementary Convention” means the Convention, supplementary to the Warsaw Convention, signed at Guadalajara on the 18 September 1961, for the unification of certain rules relating to Carriage by Air 7 international carriage by air performed by a person other than the contracting carrier, as set out in the Second Schedule. Convention to have force of law
Terms defined in s 2
Amended Convention
Defined · s 2“Amended Convention” means the Convention as further amended by the Montreal Protocol…
Carriage by Air Conventions
Defined · s 2“Carriage by Air Conventions” means the Convention, the Supplementary Convention, the Amended Convention and the Montreal Convention;
Convention
Defined · s 2“Convention” means the Convention for the unification of certain rules relating to international carriage by air known as “the Warsaw Convention as amended at The Hague 1955” as set out in the First Schedule;
court
Defined · s 2“court” includes (in an arbitration allowed by the Convention) an arbitrator;
Montreal Convention
Defined · s 2“Montreal Convention” means the Convention, signed at Montreal on the 28 May 1999, for the unification of certain rules relating to international carriage by air, as set out in the Sixth Schedule;
State Party
Defined · s 2“State Party” means, a High Contracting Party in relation to the Convention and the Amended Convention, or a State Party in relation to the Montreal Convention, as the case may be;
Supplementary Convention
Defined · s 2“Supplementary Convention” means the Convention, supplementary to the Warsaw Convention, signed at Guadalajara on the 18 September 1961, for the unification of certain rules relating to Carriage by Air 7 international carriage by air performed by a person other than the contracting carrier, as set out in the Second Schedule. Convention to have force of law