Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts from the “Kuwait Airways” Category

Kuwait Airlines Case: Airline Settles Discrimination Case In London

Posted on August 8, 2018

I’ve written several times about the Kuwait Airlines case, which over time has sprouted several cases. In the US case, the airline, citing Kuwaiti law (which forbids it to do business with Israelis), refused to carry an Israeli passenger from New York to London. The dispute was crystallized as an administrative dispute—the Department of Transportation determined that application of the Kuwaiti law to a passenger seeking to fly from New York to London was illegal under US law. Rather than complying with the law, the airline dropped its New York/London route altogether. It sought review of the administrative decision in the DC Circuit, but the petition was made moot by the decision to drop the service. I don’t know whether the aggrieved Israeli passenger…

+Read more

Kuwait Airways Case: German Court Allows Airline To Refuse To Sell Ticket To Israeli

Posted on November 21, 2017

You may recall the Kuwait Airways case, which I’ve written about several times: the airline refused to sell a ticket to an Israeli traveler flying from New York to London on the grounds that Kuwaiti law prohibited the carrier from doing business with Israelis. After some hemming and hawing, the Department of Transportation finally took the view that this was unreasonable discrimination, and thus forbidden by 49 U.S.C. § 41310(a), even though the DOT, curiously, did not assert a violation of 49 U.S.C. § 40127(a), which bars discrimination on the basis of “race, color, national origin, religion, sex, or ancestry.” The airline sought review, but the case was rendered moot when the airline shamefully decided to drop service between New York and London rather…

+Read more

Kuwait Airways Case: Results of FOIA Request

Posted on September 6, 2016

A coda to the Kuwait Airways case. This, recall, is the case of the airline that refused to sell a ticket to a passenger traveling on an Israeli passport, citing the Kuwaiti law that forbade doing business with Israelis. After some hemming and hawing, the Department of Transportation made it clear to the airline that such discrimination was unlawful, and the airline stopped providing service from New York to London (as I understand it, the airline still flies from New York to Kuwait City, and that seems okay to me, as an airline shouldn’t be compelled to transport passengers who will be refused entry on arrival in another country, as Israelis would be in Kuwait).

+Read more