Journal of Air Law and Commerce Volume 85 Issue 1 Article 2 2020 The West Caribbean Conundrum: The United States Versus France on the Availability of Forum Non Conveniens Under the Montreal Convention of 1999 David Cluxton
[email protected] Follow this and additional works at: https://scholar.smu.edu/jalc Part of the Air and Space Law Commons, and the Civil Procedure Commons Recommended Citation David Cluxton, The West Caribbean Conundrum: The United States Versus France on the Availability of Forum Non Conveniens Under the Montreal Convention of 1999, 85 J. AIR L. & COM. 3 (2020) https://scholar.smu.edu/jalc/vol85/iss1/2 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE WEST CARIBBEAN CONUNDRUM: THE UNITED STATES VERSUS FRANCE ON THE AVAILABILITY OF FORUM NON CONVENIENS UNDER THE MONTREAL CONVENTION OF 1999 DAVID CLUXTON* I. INTRODUCTION N AUGUST 16, 2005, West Caribbean Airways Flight 708 O(WCW-708) took off from Tocumen International Airport in Panama set for Aime´ Cesaire´ International Airport in Fort-de- France, the capital city of the French overseas region of Marti- nique.1 A little over an hour later, it crashed near Machiques, Venezuela, killing everyone on board.2 In addition to the 8 Co- lombian crew members, WCW-708 was carrying 152 passengers, mostly civil servants from Martinique and their families who had been vacationing in Panama.3 The charter flight was operated by a Colombian airline, West Caribbean Airways (WCW), which was established in 1998 and ceased operations following the crash.4 * David Cluxton, B.C.L., LL.M., Ph.D.