DCC 95/2003
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai
Taxonomy
Judiciary, Aviation (Transport Law), Compensation, Enforcement of Judgments, Legal
Copyright
LexisNexis
Decision date
17 May 2003
Catchwords
Accountability – Air Carrier – Loss – Delay of goods – Compensate – Body pursuant – Ruling of the contested judgment – Insurer – Claimed amount – Actual value – Maximum compensation – Montreal Convention – Warsaw Convention – Stolen
How to define the accountability of the Air Carrier, in case of the loss, absence, or delay of goods carried by air, to compensate the affected body pursuant to provisions of Montreal Convention for the Unification of Certain rules for International Carriage by Air-1999. The ruling of the contested judgment for the insurer to receive the claimed amount, on the ground that it is the actual value of goods carried by air without an obligation to the maximum compensation contained in Montreal Convention and with an application of Warsaw Convention on the ground that the goods has been stolen, however goods has acquired by the appellant, shall be deemed an error in the application of law and shall necessitate its cassation.
Pursuant to the reading of the documents, and the hearing of the report perusal on the session by the judge Dr. (………..) and after deliberation.
Whereas the cassation was submitted during the legal term and has fulfilled all formal conditions thus deemed formally accepted.