Carriage by Air Act 1974 · Updated to 1 Jun 2015
7. Time for bringing proceedings
Official textFrom Laws of Malaysia Online, unchanged
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.
Carriage by Air Conventions
“Carriage by Air Conventions” means the Convention, the Supplementary Convention, the Amended Convention and the Montreal Convention;
Article 29 of the Convention, Article 29 of the Amended
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;
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
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;
Article 29 of the Amended Convention and Article 35 of the
Amended Convention
“Amended Convention” means the Convention as further amended by the Montreal Protocol…
Montreal Convention applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution.
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
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.
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;
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;
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