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Resolving Airline Passenger Disputes by Alternative Dispute Resolution Methods: An Appraisal of the UK System
Georgios Leloudas 
Commercial Disputes: Resolution and Jurisdiction
Swansea University Author:
Georgios Leloudas
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Abstract
Passenger disputes with airlines for issues like death, injury, and lost luggage are generally handled by courts, not because airlines force this, but due to a historical international legal framework. This framework began with the 1929 Warsaw Convention (WC29), which was designed to protect the the...
| Published in: | Commercial Disputes: Resolution and Jurisdiction |
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| ISBN: | 9781032726199 9781032726243 |
| Published: |
Informa Law from Routledge
2024
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| Online Access: |
https://www.taylorfrancis.com/chapters/edit/10.4324/9781032726243-6/resolving-airline-passenger-disputes-alternative-dispute-resolution-methods-george-leloudas?context=ubx&refId=665fc0b6-ae82-49b8-ab08-3d792325a93f |
| URI: | https://cronfa.swan.ac.uk/Record/cronfa70197 |
| Abstract: |
Passenger disputes with airlines for issues like death, injury, and lost luggage are generally handled by courts, not because airlines force this, but due to a historical international legal framework. This framework began with the 1929 Warsaw Convention (WC29), which was designed to protect the then-developing aviation industry by creating a uniform set of rules for liability claims. While the WC29 was amended several times, the core provisions remained until the 1999 Montreal Convention (MC99) came into force in 2004. The MC99 shifted the focus from protecting airlines to protecting consumers, yet it kept the four litigation forums from the WC29 and only added a fifth for passenger death and injury claims. The goal of both conventions has been to provide a level playing field where airlines know the jurisdictions for potential lawsuits, and passengers are protected from restrictive terms. However, this court-centric system, which has been in place for nearly a century, doesn't account for alternative dispute resolution (ADR) methods like arbitration or mediation. This puts it at odds with modern domestic consumer protection laws, which increasingly favour these alternative methods to handle high volumes of low-value claims and avoid burdening judicial systems.The paper you provided does not analyse the ongoing debate about the coexistence of domestic laws and the MC99. Instead, it will examine the historical and future role of Alternative Dispute Resolution (ADR) in airline passenger disputes and consider how these methods might be integrated into the MC99. |
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| College: |
Faculty of Humanities and Social Sciences |