Common Contracts
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International Aviation-Related Treaties and Improvement of Korea's Aviation- Related LawsMay 31st, 2021
With its decision in Tseng v. El Al Airlines, the Second Circuit has settled an issue that should have fundamental consequences for international air t ransportation litigation. In arriving at its holding that the Warsaw Convention does not provide the exclusive remedy in personal injury cases, the court used the title and purpose of the Warsaw Convention, the Convention's express language, legal precedent, traditional law and economics concepts, and recent industry developments. In holding that a plaintiff has a state law cause of action when an incident causing personal injury does not fall under the express provisions of the Warsaw Convention, the Second Circuit followed persuasive precedent and correctly considered the importance of recent industry agreements that render the limited liability provisions of the Convention inapplicable for a large number of international air carriers. The holding that the Warsaw Convention does not provide the exclusive remedy for personal injuries w
