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According to the Iranian law, the International Conventions should be passed by Iranian Parliament (Majlis) and then confirmed by the Guardian Council for ensuring that they are constitutional and in conformity with Islamic rules. The Montreal Convention for the Unification of Certain Rules for International Carriage by Air is a significant advance over the Warsaw system. In this article, we discuss whether the new changes made in Montreal Convention are in compliance with the Iranian laws as well as Islamic regulations. Some important issues for developing countries are introduced with a view to determine the legal aspects for Iran to ratify the Montreal Convention. By examining the Warsaw Convention, that Iran has been acceded to, and the Montreal Convention, we conclude that the new issues of the Montreal Convention are in compliance with Iranian and Islamic rules and regulations. Keywords: Montreal Convention; Warsaw System; Liability; Bodily Injury; Fifth Jurisdiction

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Airline passengers in many cases do not sue against the carriers because of damages caused by delays, cancellations and bodily injury, which, of course, has led to the dissatisfaction of passengers with industry and is also in conflict with consumer rights. It is by the fact that Is is not worth taking claims to a national court due to the high cost of litigation, time consuming and insignificant amount of compensation. Therefore, a mechanism is needed to support passengers. In European countries, this support and mechanism has been achieved through arbitration chambers, However based on Article 34 of the Montreal Convention like the Warsaw Convention (Article 32), arbitration as a means of resolving litigation arising from the liability of the carriage of cargo was approved exclusively. The important question is arisen, then, is whether passenger claims can also be referred to arbitration. In this regard, based on the tendency to arbitration and according to the examination of preliminary talks, in addition to the carriage of cargo, to the carriage of passengers is developed and it is proved that there is no prohibition in Iranian law in this regard; In particular, it is not desirable to abandon litigation or refer to the Iranian judicial system, which is incapable of resolving such litigation. Therefore, by accepting the principle of arbitrability of this category of lawsuits, based on the progress of Europeans