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In forceUpdated to 1 Jun 2015Read it in Bahasa Malaysia
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7. Time for bringing proceedings

(1)

No action against a carrier’s servant or agent which arises out of damage to which any of the Carriage by Air Conventions relates shall, if he was acting within the scope of his employment, be brought after more than two 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.

(2)

Article 29 of the Convention, Article 29 of the Amended

Convention and Article 35 of the Montreal Convention shall not be read as applying to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which

Article 29 of the Amended Convention and Article 35 of the

Montreal Convention applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution.

(3)

Subsections (1) and (2) and Article 29 of the Convention,

Article 29 of the Amended Convention and Article 35 of the

Montreal Convention shall have effect as if references in those provisions to an action included references to an arbitration; and the provisions of the appropriate law in force in the relevant part of Malaysia which determine the time at which an arbitration is deemed to be commenced shall apply for the purposes of this subsection.

Carriage by Air 11

(4)

In this section references to a carrier include references to an actual carrier as defined in paragraph (c) of Article I of the

Supplementary Convention as well as to a contracting carrier as defined in paragraph (b) of that Article and to an actual carrier as defined in Article 39 of the Montreal Convention.

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