How does the Montreal Convention govern international aviation claims?

location_onNew York topicAviation Dispute calendar_todayOctober 11, 2026 verified Mediator-validated
Direct Answer

For injuries and losses arising from international air travel, liability is governed largely by a treaty commonly known as the Montreal Convention, which most of the world’s nations have adopted to create a uniform framework for airline liability.

For injuries and losses arising from international air travel, liability is governed largely by a treaty commonly known as the Montreal Convention, which most of the world’s nations have adopted to create a uniform framework for airline liability. It establishes a two-tier system for passenger death or bodily injury: the airline is strictly liable — that is, liable without proof of fault — up to a defined limit, and remains liable above that limit unless it can prove it was not negligent. The limit is set in international monetary units (Special Drawing Rights) and is periodically adjusted for inflation, most recently at the end of 2024. The Convention also addresses baggage, cargo, and delay claims, sets time limits for bringing claims, generally serves as the exclusive remedy for covered international claims, and does not permit punitive damages. Because its application and limits are technical, aviation claims frequently benefit from a neutral who understands this framework in detail.

Frederick (Rick) Alimonti

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Frederick (Rick) Alimonti

Frederick (Rick) Alimonti is a New York mediator, arbitrator, and trial attorney whose practice includes aviation-related disputes and other complex civil matters. He has …

Reviewed October 11, 2026

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