The Montreal Convention 1999 (MC99) establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo. It unifies all of the different international treaty regimes covering airline liability that had developed haphazardly since 1929. MC99 is designed to be a single, universal treaty to govern airline liability around the world.
Passengers will benefit from fairer compensation and greater protection.
Shippers and those involved in the air cargo supply chain will benefit from the ability to make claims without the need for expensive and time consuming litigation. They will also be able to replace paper documents of carriage, such as Air Waybills, with electronic versions, thus facilitating faster and more efficient trade.
Finally, airlines will benefit from greater certainty about the rules governing their liability across their international route network. IATA is thus advocating for the urgent ratification of MC99 by all remaining states.
MC99 also establishes the legal framework that allows airlines to make use of electronic documentation for shipments, thereby reducing costs and increasing efficiency.
However, only 132 of the 191 ICAO-contracting States, or 68% of the total are Parties to it. A number of fast-growing aviation markets in Asia, such as Bangladesh, Sri Lanka and Vietnam, have yet to sign up. This means that a patchwork of liability regimes continue exists around the world. The result is unfairness, confusion and complexity in determining which regime covers a particular passenger or cargo itinerary. Claims handling and litigation from accidents or incidents are unnecessarily complicated.
Recognizing the significant benefits that MC99 offers, the 39th Assembly of the International Civil Aviation Organization (ICAO) that took place in 2016 adopted Resolution A39-9. This urges all States that have not done so to ratify MC99 as soon as possible. IATA is supporting this Resolution and is working with governments to promote the benefits of MC99 and urge ratification.