Comparative Law Researches

Comparative Law Researches

The need to establish an arbitration centre in damages (Delays, cancellations and bodily injuries) to air passengers, An approach from European law to Iran

Document Type : Original Research

Authors
milad soltani 1
Bahram Taghipour 2
Alireza Salehifar 2
1 Ph. D. Student in Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
2 Assistant Professor, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.
Abstract
Airline passengers in many cases do not sue against the carriers because of damages caused by delays, cancellations and bodily injury, which, of course, has led to the dissatisfaction of passengers with industry and is also in conflict with consumer rights. It is by the fact that Is is not worth taking claims to a national court due to the high cost of litigation, time consuming and insignificant amount of compensation. Therefore, a mechanism is needed to support passengers. In European countries, this support and mechanism has been achieved through arbitration chambers, However based on Article 34 of the Montreal Convention like the Warsaw Convention (Article 32), arbitration as a means of resolving litigation arising from the liability of the carriage of cargo was approved exclusively. The important question is arisen, then, is whether passenger claims can also be referred to arbitration. In this regard, based on the tendency to arbitration and according to the examination of preliminary talks, in addition to the carriage of cargo, to the carriage of passengers is developed and it is proved that there is no prohibition in Iranian law in this regard; In particular, it is not desirable to abandon litigation or refer to the Iranian judicial system, which is incapable of resolving such litigation. Therefore, by accepting the principle of arbitrability of this category of lawsuits, based on the progress of Europeans
Keywords
delay and cancellation of flight
bodily injury
arbitration center
assistance to passengers
Arbitrability

Subjects

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