Limitation of Liability for Maritime Claims, 2016 Edition (IB444E)

Published Date

September 2016


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Limitation of Liability for Maritime Claims, 2016 Edition (IB444E)

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Amendments to increase the limits of liability in the 1996 Protocol to amend the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC Protocol 1996) entered into force on 8 June 2015, raising the amount claimable for loss of life or personal injury on ships (not exceeding 2,000 gross tonnage) to 3.02 million Special Drawing Rights (SDR), up from 2 million SDR (additional amounts are claimable on larger ships).

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The 1976 LLMC Convention sets specified limits of liability for certain types of claims against shipowners:

• Claims for loss of life or personal injury; and

• Other claims, such as property claims (including damage to other ships, property or harbour works), delay, bunker spills, wreck removal, pollution damage, etc.

 

The Convention also allows for shipowners and salvors to limit their liability except if ‘it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result’.

 

In the aftermath of the incident with the Pacific Adventurer, which occurred in the waters of southern Queensland in March 2009, it appeared that the limits of liability, as calculated under LLMC Protocol 96 for a bunker fuel oil spill, fell significantly short of the cost of responding to the incident.

 

Taking into account the experience of historic claims, as well as the impact of inflation rates, a proposal to increase the limits in the LLMC Protocol 1996 was submitted to IMO by 20 States Parties. Subsequently, IMO’s Legal Committee adopted resolution LEG.5(99) containing revised limits, when it met for its 99th session.

 

The LLMC Protocol has 52 Contracting States, which between them represent 58.40% of the world merchant shipping tonnage (as at 12 May 2016).

Foreword

 

Convention on Limitation of Liability for Maritime Claims, 1976

Chapter I The right of limitation

Article 1 Persons entitled to limit liability

Article 2 Claims subject to limitation

Article 3 Claims excepted from limitation

Article 4 Conduct barring limitation

Article 5 Counterclaims

 

Chapter II Limits of liability

Article 6 The general limits

Article 7 The limit for passenger claims

Article 8 Unit of Account

Article 9 Aggregation of claims

Article 10 Limitation of liability without constitution of a limitation fund

 

Chapter III The limitation fund

Article 11 Constitution of the fund

Article 12 Distribution of the fund

Article 13 Bar to other actions

Article 14 Governing law

 

Chapter IV Scope of application

Article 15

 

Chapter V Final Clauses

Article 16 Signature, ratification and accession

Article 17 Entry into force

Article 18 Reservations

Article 19 Denunciation

Article 20 Revision and amendment

Article 21 Revision of the limitation amounts and of Unit of Account or monetary unit

Article 22 Depositary

Article 23 Languages

 

Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims, 1976 as amended by resolution LEG.5(99)

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8 Amendment of limits

Article 9

Article 10 Signature, ratification, acceptance, approval and accession

Article 11 Entry into force

Article 12 Denunciation

Article 13 Revision and amendment

Article 14 Depositary

Article 15 Languages

 

Consolidated text of the substantive provisions of the Convention on Limitation of Liability for Maritime Claims, 1976 as amended by the 1996 Protocol and including its amended limits of liability

Chapter I The right of limitation

Article 1 Persons entitled to limit liability

Article 2 Claims subject to limitation

Article 3 Claims excepted from limitation

Article 4 Conduct barring limitation

Article 5 Counterclaims

 

Chapter II Limits of liability

Article 6 The general limits

Article 7 The limit for passenger claims

Article 8 Unit of Account

Article 9 Aggregation of claims

Article 10 Limitation of liability without constitution of a limitation fund

 

Chapter III The limitation fund

Article 11 Constitution of the fund

Article 12 Distribution of the fund

Article 13 Bar to other actions

Article 14 Governing law

 

Chapter IV Scope of application

Article 15

A​​s a specialized agency of the United Nations, IMO is the global standard-setting authority for the safety, security and environmental performance of international shipping. Its main role is to create a regulatory framework for the shipping industry that is fair and effective, universally adopted and universally implemented.  

In other words, its role is to create a level playing-field so that ship operators cannot address their financial issues by simply cutting corners and compromising on safety, security and environmental performance. This approach also encourages innovation and efficiency.

Shipping is a truly international industry, and it can only operate effectively if the regulations and standards are themselves agreed, adopted and implemented on an international basis. And IMO is the forum at which this process takes place.

Title: Limitation of Liability for Maritime Claims, 2016 Edition (IB444E)
Edition: 2016
Number of Pages: 47
Product Code: MM1414K
ISBN: ISBN 13: 9789280116502, ISBN 10: 9280116509
Published Date: September 2016
Weight: 0.20 kg
Author: IMO

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