1- In any legal proceedings arising out of inter-States carriage under this Uniform Act, where
the parties did not designate an arbitral tribunal or national court, the plaintiff may bring an
action in the courts or tribunals of a country within whose territory:
a) the defendant is ordinarily resident, or has his principal place of business, or the branch or
agency through which the contract of carriage was made;
b) the goods were taken over by the carrier or the place designated for delivery is situated.
2- Where an action is pending before a competent court, or where a judgment has been entered
by such court, no new action may be brought between the same parties on the same grounds
unless the judgment of the court before which the first action was brought is not enforceable
in the country in which the fresh proceedings are brought.
3- When a judgment entered by a court of a State Party has become enforceable in that State, it
shall also become enforceable in each of the other States Parties, as soon as the formalities
required in the State concerned have been complied with. These formalities shall not constitute
a basis for the review of the case.
4- The provisions of paragraph 3 of this article shall apply to judgments delivered after full
hearing, judgments by default and settlements confirmed by an order of the court. They shall
not apply to interim judgments or to awards of damages, in addition to costs against a plaintiff
who wholly or partly fails in his action.
Official translation
Spot-checked
In force from 22 March 2003
Source page 19