CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976
CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976
Whole document
The States parties to this Convention,
Having recognized the desirability of determining by agreement certain
uniform rules relating to the limitation of liability for maritime claims,
Have decided to conclude a Convention for this purpose and have
thereto agreed as follows:
CHAPTER I. THE RIGHT OF LIMITATION
Article 1
Persons entitled to limit liability
1. Shipowners, and salvors, as hereinafter defined, may limit their
liability in accordance with the rules of this Convention for claims set
out in Article 2.
2. The term "shipowner" shall mean the owner, charterer, manager and
operator of a seagoing ship.
3. Salvor shall mean any person rendering services in direct connexion
with salvage operations. Salvage operations shall also include operations
referred to in Article 2, paragraph 1 (d), (e) and (f).
4. If any claims set out in Article 2 are made against any person for
whose act, neglect or default the shipowner or salvor is responsible, such
person shall be entitled to avail himself of the limitation of liability
provided for in this Convention.
5. In this Convention the liability of a shipowner shall include
liability in an action brought against the vessel herself.
6. An insurer of liability for claims subject to limitation in
accordance with the rules of this Convention shall be entitled to the
benefits of this Convention to the same extent as the assured himself.
7. The act of invoking limitation of liability shall not constitute an
admission of liability.
Article 2
Claims subject to limitation
1. Subject to Article 3 and 4 the following claims, whatever the basis
of liability may be, shall be subject to limitation of liability:
(a) claims in respect of loss of life or personal injury or loss
of or damage to property (including damage to harbour works, basins and
waterways and aids to navigation), occurring on board or in direct
connexion with the operation of the ship or with salvage operations, and
consequential loss resulting therefrom;
(b) claims in respect of loss resulting from delay in the carriage
by sea of cargo, passengers or their luggage;
(c) claims in respect of other loss resulting from infringement of
rights other than contractual rights, occurring in direct connexion with
the operation of the ship or salvage operations;
(d) claims in respect of the raising, removal, destruction or the
rendering harmless of a ship which is sunk, wrecked, stranded or
abandoned, including anything that is or has been on board such ship;
(e) claims in respect of the removal, destruction or the rendering
harmless of the cargo of the ship;
(f) claims of a person other than the person liable in respect of
measures taken in order to avert or minimize loss for which the person
liable may limit his liability in accordance with this Convention, and
further loss caused by such measures.
2. Claims set out in paragraph 1 shall be subject to limitation of
liability even if brought by way of recourse or for indemnity under a
contract or otherwise. However, claims set out under paragraph 1(d), (e)
and (f) shall not be subject to limitation of liability to the extent that
they relate to remuneration under a contract with the person liable.
Article 3
Claims excepted from limitation
The rules of this Convention shall not apply to:
(a) claims for salvage or contribution in general average;
(b) claims for oil pollution damage within the meaning of the
International Convention on Civil Liability for Oil Pollution Damage,
dated November 29, 1969 or of any amendment or Protocol thereto which is
in force;
(c) claims subject to any international convention or national
legislation governing or prohibiting limitation of liability for nuclear
damage;
(d) claims against the shipowner of a nuclear ship for nuclear
damage;
(e) claims by servants of the shipowner or salvor whose duties are
connected with the ship or the salvage operations, including claims of
their heirs, dependants or other persons entitled to make such claims, if
under the law governing the contract of service between the shipowner or
salvor and such servants the shipowner or salvor is not entitled to limit
his liability in respect of such claims, or if he is by such law only
permitted to limit his liability to an amount greater than that provided
for in Article 6.
Article 4
Conduct barring limitation
A person liable shall not be entitled to limit his liability 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.
Article 5
Counterclaims
Where a person entitled to limitation of liability under the rules of
this Convention has a claim against the claimant arising out of the same
occurrence, their respective claims shall be set off against each other
and the provisions of this Convention shall only apply to the balance, if
any.
CHAPTER II. LIMITS OF LIABILITY
Article 6
The general limits
1. The limits of liability for claims other than those mentioned in
Article 7, arising on any distinct occasion, shall be calculated as
follows:
(a) in respect of claims for loss of life or personal injury,
(i) 333,000 Units of Account for a ship with a tonnage not
exceeding 500 tons,
(ii) for a ship with a tonnage in excess thereof, the
following amount in addition to that mentioned in (i):
for each ton from 501 to 3,000 tons, 500 Units of Account;
for each ton from 3,001 to 30,000 tons, 333 Units of
Account;
for each ton from 30,001 to 70,000 tons, 250 Units of
Account; and
for each ton in excess of 70,000 tons, 167 Units of
Account.
(b) in respect of any other claims.
(i) 167,000 Units of Account for a ship with a tonnage not
exceeding 500 tons,
(ii) for a ship with a tonnage in excess thereof the following
amount in addition to that mentioned in (i):
for each ton from 501 to 30,000 tons, 167 Units of
Account;
for each ton from 30,001 to 70,000 tons, 125 Units of
Account; and
for each ton in excess of 70,000 tons, 83 Units of
Account.
2. Where the amount calculated in accordance with paragraph 1(a) is
insufficient to pay the claims mentioned therein in full, the amount
calculated in accordance with paragraph 1(b) shall be available for
payment of the unpaid balance of claims under paragraph 1(a) and such
unpaid balance shall rank rateably with claims mentioned under paragraph
1(b).
3. However, without prejudice to the right of claims for loss of life
or personal injury according to paragraph 2, a State Party may provide in
its national law that claims in respect of damage to harbour works, basins
and waterways and aids to navigation shall have such priority over other
claims under paragraph 1(b) as is provided by that law.
4. The limits of liability for any salvor not operating from any ship
or for any salvor operating solely on the ship to, or in respect of which
he is rendering salvage services, shall be calculated according to a
tonnage of 1,500 tons.
5. For the purpose of this Convention the ship's tonnage shall be the
gross tonnage calculated in accordance with the tonnage measurement rules
contained in Annex I of the International Convention on Tonnage
Measurements of Ships, 1969.
Article 7
The limit for passenger claims
1. In respect of claims arising on any distinct occasion for loss of
life or personal injury to passengers of a ship, the limit of liability of
the shipowner thereof shall be an amount of 46,666 Units of Account
multiplied by the number of passengers which the ship is authorized to
carry according to the ship's certificate, but not exceeding 25 million
Units of Account.
2. For the purpose of this Article "claims for loss of life or
personal injury to passengers of a ship" shall mean any such claims
brought by or on behalf of any person carried in that ship:
(a) under a contract of passenger carriage, or
(b) who, with the consent of the carrier, is accompanying a
vehicle or live animals which are covered by a contract for the carriage
of goods.
Article 8
Unit of Account
1. The Unit of Account referred to in Articles 6 and 7 is the Special
Drawing Right as defined by the International Monetary Fund. The amounts
mentioned in Articles 6 and 7 shall be converted into the national
currency of the State in which limitation is sought, according to the
value of that currency at the date the limitation fund shall have been
constituted, payment is made, or security is given which under the law of
that State is equivalent to such payment. The value of a national currency
in terms of the Special Drawing Right, of a State Party which is a member
of the International monetary Fund, shall be calculated in accordance with
the method of valuation applied by the International Monetary Fund in
effect at the date in question for its operations and transactions. The
value of a national currency in terms of the Special Drawing Right, of a
State Party which is not a member of the International Monetary Fund,
shall be calculated in a manner determined by that State Party.
2. Nevertheless, those States which are not members of the
International Monetary Fund and whose law does not permit the application
of the provisions of paragraph 1 may, at the time of signature without
reservation as to ratification, acceptance or approval or at the time of
ratification, acceptance, approval or accession or at any time thereafter,
declare that the limits of liability provided for in this Convention to be
applied in their territories shall be fixed as follow:
(a) in respect of Article 6, paragraph 1 (a), at an amount of:
(i) 5 million monetary units for a ship with a tonnage not
exceeding 500 tons;
(ii) for a ship with a tonnage in excess thereof, the
following amount in addition to that mentioned in (i):
for each ton from 501 to 3,000 tons, 7,500 monetary units;
for each ton from 3,001 to 30,000 tons, 5,000 monetary units;
for each ton from 30,001 to 70,000 tons, 3,750 monetary units; and
for each ton in excess of 70,000 tons, 2,500 monetary units; and
(b) in respect of Article 6, paragraph 1 (b), at an amount of:
(i) 2.5 million monetary units for a ship with a tonnage not
exceeding 500 tons;
(ii) for a ship with a tonnage in excess thereof, the
following amount in addition to that mentioned in (i):
for each ton from 501 to 30,000 tons, 2,500 monetary units;
for each ton from 30,001 to 70,000 tons, 1,850 monetary units; and
for each ton in excess of 70,000 tons, 1,250 monetary units; and
(c) in respect of Article 7, paragraph 1, at an amount of 700,000
monetary units multiplied by the number of passengers which the ship is
authorized to carry according to its certificate, but not exceeding 375
million monetary units.
Paragraphs 2 and 3 of Article 6 apply correspondingly to subparagraphs
(a) and (b) of this paragraph.
3. The monetary unit referred to in paragraph 2 corresponds to
sixty-five and a half milligrams of gold of millesimal fineness nine
hundred. The conversion of the amounts referred to in paragraph 2 into the
national currency shall be made according to the law of the State
concerned.
4. The calculation mentioned in the last sentence of paragraph 1 and
the conversion mentioned in paragraph 3 shall be made in such a manner as
to express in the national currency of the State Party as far as possible
the same real value for the amounts in Articles 6 and 7 as is expressed
there in units of account. States Parties shall communicate to the
depositary the manner of calculation pursuant to paragraph 1, or the
result of the conversion in paragraph 3, as the case may be, at the time
of the signature without reservation as to ratification, acceptance or
approval, or when depositing an instrument referred to in Article 16 and
whenever there is a change in either.
Article 9
Aggregation of claims
1. The limits of liability determined in accordance with Article 6
shall apply to the aggregate of all claims which arise on any distinct
occasion:
(a) against the person or persons mentioned in paragraph 2 of
Article 1 and any person for whose act, neglect or default he or they are
responsible; or
(b) against the shipowner of a ship rendering salvage services
from that ship and the salvor or salvors operating from such ship and any
person for whose act, neglect or default he or they are responsible; or
(c) against the salvor or salvors who are not operating from a
ship or who are operating solely on the ship to, or in respect of which,
the salvage services are rendered and any person for whose act, neglect or
default he or they are responsible.
2. The limits of liability determined in accordance with Article 7
shall apply to the aggregate of all claims subject thereto which may arise
on any distinct occasion against the person or persons mentioned in
paragraph 2 of Article 1 in respect of the ship referred to in Article 7
and any person for whose act, neglect or default he or they are
responsible.
Article 10
Limitation of liability without constitution of a limitation fund
1. Limitation of liability may be invoked notwithstanding that a
limitation fund as mentioned in Article 11 has not been constituted.
However, a State Party may provide in its national law that, where an
action is brought in its Courts to enforce a claim subject to limitation,
a person liable may only invoke the right to limit liability if a
limitation fund has been constituted in accordance with the provisions of
this Convention or is constituted when the right to limit liability is
invoked.
2. If limitation of liability is invoked without the constitution of a
limitation fund, the provisions of Article 12 shall apply correspondingly.
3. Questions of procedure arising under the rules of this Article
shall be decided in accordance with the national law of the State Party in
which action is brought.
CHAPTER III. THE LIMITATION FUND
Article 11
Constitution of the fund
1. Any person alleged to be liable may constitute a fund with the
Court or other competent authority in any State Party in which legal
proceedings are instituted in respect of claims subject to limitation. The
fund shall be constituted in the sum of such of the amounts set out in
Articles 6 and 7 as are applicable to claims for which that person may be
liable, together with interest thereon from the date of the occurrence
giving rise to the liability until the date of the constitution of the
fund. Any fund thus constituted shall be available only for the payment of
claims in respect of which limitation of liability can be invoked.
2. A fund may be constituted, either by depositing the sum, or by
producing a guarantee acceptable under the legislation of the State Party
where the fund is constituted and considered to be adequate by the Court
or other competent authority.
3. A fund constituted by one of the persons mentioned in paragraph
1(a), (b), or (c) or paragraph 2 of Article 9 or his insurer shall be
deemed constituted by all persons mentioned in paragraph 1(a), (b) or (c)
or paragraph 2, respectively.
Article 12
Distribution of the fund
1. Subject to the provisions of paragraphs 1, 2 and 3 of Article 6 and
of Article 7, the fund shall be distributed among the claimants in
proportion to their established claims against the fund.
2. If, before the fund is distributed, the person liable, or his
insurer, has settled a claim against the fund such person shall, up to the
amount he has paid, acquire by subrogation the rights which the person so
compensated would have enjoyed under this Convention.
3. The right of subrogation provided for in paragraph 2 may also be
exercised by persons other than those therein mentioned in respect of any
amount of compensation which they may have paid, but only to the extent
that such subrogation is permitted under the applicable national law.
4. Where the person liable or any other person establishes that he may
be compelled to pay, at a later date, in whole or in part any such amount
of compensation with regard to which such person would have enjoyed a
right of subrogation pursuant to paragraphs 2 and 3 had the compensation
been paid before the fund was distributed, the Court or other competent
authority of the State where the fund has been constituted may order that
a sufficient sum shall be provisionally set aside to enable such person at
such later date to enforce his claim against the fund.
Article 13
Bar to other actions
1. Where a limitation fund has been constituted in accordance with
Article 11, any person having made a claim against the fund shall be
barred from exercising any right in respect of such claim against any
other assets of a person by or on behalf of whom the fund has been
constituted.
2. After a limitation fund has been constituted in accordance with
Article 11, any ship or other property, belonging to a person on behalf of
whom the fund has been constituted, which has been arrested or attached
within the jurisdiction of a State Party for a claim which may be raised
against the fund, or any security given, may be released by order of the
Court or other competent authority of such State. However, such release
shall always be ordered if the limitation fund has been constituted:
(a) at the port where the occurrence took place, or, if it took
place out of port, at the first port of call thereafter; or
(b) at the port of disembarkation in respect of claims for loss of
life or personal injury; or
(c) at the port of discharge in respect of damage to cargo; or
(d) in the State where the arrest is made.
3. The rules of paragraphs 1 and 2 shall apply only if the claimant
may bring a claim against the limitation fund before the Court
administering that fund and the fund is actually available and freely
transferable in respect of that claim.
Article 14
Governing law
Subject to the provisions of this Chapter the rules relating to the
constitution and distribution of a limitation fund, and all rules of
procedure in connexion therewith, shall be governed by the law of the
State Party in which the fund is constituted.
CHAPTER IV. SCOPE OF APPLICATION
Article 15
1. This Convention shall apply whenever any person referred to in
Article 1 seeks to limit his liability before the Court of a State Party
or seeks to procure the release of a ship or other property or the
discharge of any security given within the jurisdiction of any such State.
Nevertheless, each State Party may exclude wholly or partially from the
application of this Convention any person referred to in Article 1 who at
the time when the rules of this Convention are invoked before the Courts
of that State does not have his habitual residence in a State Party or
does not have his principal place of business in a State Party or any ship
in relation to which the right of limitation is invoked or whose release
is sought and which does not at the time specified above fly the flag of a
State Party.
2. A State Party may regulate by specific provisions of national law
the system of limitation of liability to be applied to vessels which are:
(a) according to the law of that State, ships intended for
navigation on inland waterways;
(b) ships of less than 300 tons.
A State Party which makes use of the option provided for in this
paragraph shall inform the depositary of the limits of liability adopted
in its national legislation or of the fact that there are none.
3. A State Party may regulate by specific provisions of national law
the system of limitation of liability to be applied to claims arising in
cases in which interests of persons who are nationals of other States
Parties are in no way involved.
4. The Courts of a State Party shall not apply this Convention to
ships constructed for, or adapted to, and engaged in, drilling:
(a) when that State has established under its national legislation
a higher limit of liability than that otherwise provided for in Article 6;
or
(b) when that State has become party to an international
convention regulating the system of liability in respect of such ships.
In a case to which subparagraph (a) applies that State Party shall
inform the depositary accordingly.
5. This Convention shall not apply to:
(a) air-cushion vehicles;
(b) floating platforms constructed for the purpose of exploring or
exploiting the natural resources of the sea-bed or the subsoil thereof.
CHAPTER V. FINAL CLAUSES
Article 16
Signature, ratification and accession
1. This Convention shall be open for signature by all States at the
Headquarters of the Inter-Governmental Maritime Consultative Organization
(hereinafter referred to as "the Organization") from February 1, 1977
until December 31, 1977 and shall thereafter remain open for accession.
2. All State may become parties to this Convention by:
(a) signature without reservation as to ratification, acceptance
or approval; or
(b) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval; or
(c) accession.
3. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General of the Organization (hereinafter referred to as "the
Secretary-General").
Article 17
Entry into force
1. This Convention shall enter into force on the first day of the
month following one year after the date on which twelve States have either
signed it without reservation as to ratification, acceptance or approval
or have deposited the requisite instruments of ratification, acceptance,
approval or accession.
2. For a State which deposits an instrument of ratification,
acceptance, approval or accession, or signs without reservation as to
ratification, acceptance or approval, in respect of this Convention after
the requirements for entry into force have been met but prior to the date
of entry into force, the ratification, acceptance, approval or accession
or the signature without reservation as to ratification, acceptance or
approval, shall take effect on the date of entry into force of the
Convention or on the first day of the month following the ninetieth day
after the date of the signature or the deposit of the instrument,
whichever is the later date.
3. For any State which subsequently becomes a Party to this
Convention, the Convention shall enter into force on the first day of the
month following the expiration of ninety days after the date when such
State deposited its instrument.
4. In respect of the relations between States which ratify, accept, or
approve this Convention or accede to it, this Convention shall replace and
abrogate the International Convention relating to the Limitation of the
Liability of Owners of Sea-going Ships, done at Brussels on October 10,
1957, and the International Convention for the Unification of certain
Rules relating to the Limitation of Liability of the Owners of Sea-going
Vessels, signed at Brussels on August 25, 1924.
Article 18
Reservations
1. Any State may, at the time of signature, ratification, acceptance,
approval or accession, reserve the right to exclude the application of
Article 2 paragraph 1 (d) and (e). No other reservations shall be
admissible to the substantive provisions of this Convention.
2. Reservations made at the time of signature are subject to
confirmation upon ratification, acceptance or approval.
3. Any State which has made a reservation to this Convention may
withdraw it at any time by means of a notification addressed to the
Secretary-General. Such withdrawal shall take effect on the date the
notification is received. If the notification states that the withdrawal
of the reservation is to take effect on a date specified therein, and such
date is later than the date the notification is received by the
Secretary-General, the withdrawal shall take effect on such later date.
Article 19
Denunciation
1. This Convention may be denounced by a State Party at any time after
one year from the date on which the Convention entered into force for that
Party.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General.
3. Denunciation shall take effect on the first day of the month
following the expiration of one year after the date of deposit of the
instrument, or after such longer period as may be specified in the
instrument.
Article 20
Revision and amendment
1. A Conference for the purpose of revising or amending this
Convention may be Convened by the Organisation.
2. The Organization shall convene a Conference of the States Parties
to this Convention for revising or amending it at the request of not less
than one-third of the Parties.
3. After the date of the entry into force of an amendment to this
Convention, any instrument of ratification, acceptance, approval or
accession deposited shall be deemed to apply to the Convention as amended,
unless a contrary intention is expressed in the instrument.
Article 21
Revision of the limitation amounts and of Unit of Account or monetary
unit
1. Notwithstanding the provision of Article 20, a Conference only for
the purposes of altering the amounts specified in Article 6 and 7 and in
Article 8, paragraph 2, or of substituting either or both of the Units
defined in Article 8, paragraphs 1 and 2, by other units shall be convened
by the Organization in accordance with paragraphs 2 and 3 of this Article.
An alteration of the amounts shall be made only because of a significant
change in their real value.
2. The Organization shall convene such a Conference at the request of
not less than one-fourth of the States Parties.
3. A decision to alter the amounts or to substitute the Units by other
units of account shall be taken by a two-thirds majority of the States
Parties present and voting in such Conference.
4. Any State depositing its instrument of ratification, acceptance,
approval or accession to the Convention, after entry into force of an
amendment, shall apply the Convention as amended.
Article 22
Depositary
1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) transmit certified true copies of this Convention to all
States which were invited to attend the Conference on Limitation of
Liability for Maritime Claims and to any other States which accede to this
Convention;
(b) inform all States which have signed or acceded to this
Convention of:
(i) each new signature and each deposit of an instrument and
any reservation thereto together with the date thereof;
(ii) the date of entry into force of this Convention or any
amendment thereto;
(iii) any denunciation of this Convention and the date on
which it takes effect;
(iv) any amendment adopted in conformity with Article 20 or
21;
(v) any communication called for by any Article of this
Convention.
3. Upon entry into force of this Convention, a certified true copy
thereof shall be transmitted by the Secretary-General to the Secretariat
of the United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.
Article 23
Languages
This Convention is established in a single original in the English,
French, Russian and Spanish languages, each text being equally authentic.
DONE AT LONDON this nineteenth day of November one thousand nine
hundred and seventy-six.
IN WITNESS WHEREOF the undersigned being duly authorized for that
purpose have signed this Convention.
(a) against the person or persons mentioned in paragraph 2 of
Article 1 and any person for whose act, neglect or default he or they are
responsible; or
(b) against the shipowner of a ship rendering salvage services
from that ship and the salvor or salvors operating from such ship and any
person for whose act, neglect or default he or they are responsible; or
(c) against the salvor or salvors who are not operating from a
ship or who are operating solely on the ship to, or in respect of which,
the salvage services are rendered and any person for whose act, neglect or
default he or they are responsible.
2. The limits of liability determined in accordance with Article 7
shall apply to the aggregate of all claims subject thereto which may arise
on any distinct occasion against the person or persons mentioned in
paragraph 2 of Article 1 in respect of the ship referred to in Article 7
and any person for whose act, neglect or default he or they are
responsible.
Article 10
Limitation of liability without constitution of a limitation fund
1. Limitation of liability may be invoked notwithstanding that a
limitation fund as mentioned in Article 11 has not been constituted.
However, a State Party may provide in its national law that, where an
action is brought in its Courts to enforce a claim subject to limitation,
a person liable may only invoke the right to limit liability if a
limitation fund has been constituted in accordance with the provisions of
this Convention or is constituted when the right to limit liability is
invoked.
2. If limitation of liability is invoked without the constitution of a
limitation fund, the provisions of Article 12 shall apply correspondingly.
3. Questions of procedure arising under the rules of this Article
shall be decided in accordance with the national law of the State Party in
which action is brought.
CHAPTER III. THE LIMITATION FUND
Article 11
Constitution of the fund
1. Any person alleged to be liable may constitute a fund with the
Court or other competent authority in any State Party in which legal
proceedings are instituted in respect of claims subject to limitation. The
fund shall be constituted in the sum of such of the amounts set out in
Articles 6 and 7 as are applicable to claims for which that person may be
liable, together with interest thereon from the date of the occurrence
giving rise to the liability until the date of the constitution of the
fund. Any fund thus constituted shall be available only for the payment of
claims in respect of which limitation of liability can be invoked.
2. A fund may be constituted, either by depositing the sum, or by
producing a guarantee acceptable under the legislation of the State Party
where the fund is constituted and considered to be adequate by the Court
or other competent authority.
3. A fund constituted by one of the persons mentioned in paragraph
1(a), (b), or (c) or paragraph 2 of Article 9 or his insurer shall be
deemed constituted by all persons mentioned in paragraph 1(a), (b) or (c)
or paragraph 2, respectively.
Article 12
Distribution of the fund
1. Subject to the provisions of paragraphs 1, 2 and 3 of Article 6 and
of Article 7, the fund shall be distributed among the claimants in
proportion to their established claims against the fund.
2. If, before the fund is distributed, the person liable, or his
insurer, has settled a claim against the fund such person shall, up to the
amount he has paid, acquire by subrogation the rights which the person so
compensated would have enjoyed under this Convention.
3. The right of subrogation provided for in paragraph 2 may also be
exercised by persons other than those therein mentioned in respect of any
amount of compensation which they may have paid, but only to the extent
that such subrogation is permitted under the applicable national law.
4. Where the person liable or any other person establishes that he may
be compelled to pay, at a later date, in whole or in part any such amount
of compensation with regard to which such person would have enjoyed a
right of subrogation pursuant to paragraphs 2 and 3 had the compensation
been paid before the fund was distributed, the Court or other competent
authority of the State where the fund has been constituted may order that
a sufficient sum shall be provisionally set aside to enable such person at
such later date to enforce his claim against the fund.
Article 13
Bar to other actions
1. Where a limitation fund has been constituted in accordance with
Article 11, any person having made a claim against the fund shall be
barred from exercising any right in respect of such claim against any
other assets of a person by or on behalf of whom the fund has been
constituted.
2. After a limitation fund has been constituted in accordance with
Article 11, any ship or other property, belonging to a person on behalf of
whom the fund has been constituted, which has been arrested or attached
within the jurisdiction of a State Party for a claim which may be raised
against the fund, or any security given, may be released by order of the
Court or other competent authority of such State. However, such release
shall always be ordered if the limitation fund has been constituted:
(a) at the port where the occurrence took place, or, if it took
place out of port, at the first port of call thereafter; or
(b) at the port of disembarkation in respect of claims for loss of
life or personal injury; or
(c) at the port of discharge in respect of damage to cargo; or
(d) in the State where the arrest is made.
3. The rules of paragraphs 1 and 2 shall apply only if the claimant
may bring a claim against the limitation fund before the Court
administering that fund and the fund is actually available and freely
transferable in respect of that claim.
Article 14
Governing law
Subject to the provisions of this Chapter the rules relating to the
constitution and distribution of a limitation fund, and all rules of
procedure in connexion therewith, shall be governed by the law of the
State Party in which the fund is constituted.
CHAPTER IV. SCOPE OF APPLICATION
Article 15
1. This Convention shall apply whenever any person referred to in
Article 1 seeks to limit his liability before the Court of a State Party
or seeks to procure the release of a ship or other property or the
discharge of any security given within the jurisdiction of any such State.
Nevertheless, each State Party may exclude wholly or partially from the
application of this Convention any person referred to in Article 1 who at
the time when the rules of this Convention are invoked before the Courts
of that State does not have his habitual residence in a State Party or
does not have his principal place of business in a State Party or any ship
in relation to which the right of limitation is invoked or whose release
is sought and which does not at the time specified above fly the flag of a
State Party.
2. A State Party may regulate by specific provisions of national law
the system of limitation of liability to be applied to vessels which are:
(a) according to the law of that State, ships intended for
navigation on inland waterways;
(b) ships of less than 300 tons.
A State Party which makes use of the option provided for in this
paragraph shall inform the depositary of the limits of liability adopted
in its national legislation or of the fact that there are none.
3. A State Party may regulate by specific provisions of national law
the system of limitation of liability to be applied to claims arising in
cases in which interests of persons who are nationals of other States
Parties are in no way involved.
4. The Courts of a State Party shall not apply this Convention to
ships constructed for, or adapted to, and engaged in, drilling:
(a) when that State has established under its national legislation
a higher limit of liability than that otherwise provided for in Article 6;
or
(b) when that State has become party to an international
convention regulating the system of liability in respect of such ships.
In a case to which subparagraph (a) applies that State Party shall
inform the depositary accordingly.
5. This Convention shall not apply to:
(a) air-cushion vehicles;
(b) floating platforms constructed for the purpose of exploring or
exploiting the natural resources of the sea-bed or the subsoil thereof.
CHAPTER V. FINAL CLAUSES
Article 16
Signature, ratification and accession
1. This Convention shall be open for signature by all States at the
Headquarters of the Inter-Governmental Maritime Consultative Organization
(hereinafter referred to as "the Organization") from February 1, 1977
until December 31, 1977 and shall thereafter remain open for accession.
2. All State may become parties to this Convention by:
(a) signature without reservation as to ratification, acceptance
or approval; or
(b) signature subject to ratification, acceptance or approval
followed by ratification, acceptance or approval; or
(c) accession.
3. Ratification, acceptance, approval or accession shall be effected
by the deposit of a formal instrument to that effect with the
Secretary-General of the Organization (hereinafter referred to as "the
Secretary-General").
Article 17
Entry into force
1. This Convention shall enter into force on the first day of the
month following one year after the date on which twelve States have either
signed it without reservation as to ratification, acceptance or approval
or have deposited the requisite instruments of ratification, acceptance,
approval or accession.
2. For a State which deposits an instrument of ratification,
acceptance, approval or accession, or signs without reservation as to
ratification, acceptance or approval, in respect of this Convention after
the requirements for entry into force have been met but prior to the date
of entry into force, the ratification, acceptance, approval or accession
or the signature without reservation as to ratification, acceptance or
approval, shall take effect on the date of entry into force of the
Convention or on the first day of the month following the ninetieth day
after the date of the signature or the deposit of the instrument,
whichever is the later date.
3. For any State which subsequently becomes a Party to this
Convention, the Convention shall enter into force on the first day of the
month following the expiration of ninety days after the date when such
State deposited its instrument.
4. In respect of the relations between States which ratify, accept, or
approve this Convention or accede to it, this Convention shall replace and
abrogate the International Convention relating to the Limitation of the
Liability of Owners of Sea-going Ships, done at Brussels on October 10,
1957, and the International Convention for the Unification of certain
Rules relating to the Limitation of Liability of the Owners of Sea-going
Vessels, signed at Brussels on August 25, 1924.
Article 18
Reservations
1. Any State may, at the time of signature, ratification, acceptance,
approval or accession, reserve the right to exclude the application of
Article 2 paragraph 1 (d) and (e). No other reservations shall be
admissible to the substantive provisions of this Convention.
2. Reservations made at the time of signature are subject to
confirmation upon ratification, acceptance or approval.
3. Any State which has made a reservation to this Convention may
withdraw it at any time by means of a notification addressed to the
Secretary-General. Such withdrawal shall take effect on the date the
notification is received. If the notification states that the withdrawal
of the reservation is to take effect on a date specified therein, and such
date is later than the date the notification is received by the
Secretary-General, the withdrawal shall take effect on such later date.
Article 19
Denunciation
1. This Convention may be denounced by a State Party at any time after
one year from the date on which the Convention entered into force for that
Party.
2. Denunciation shall be effected by the deposit of an instrument with
the Secretary-General.
3. Denunciation shall take effect on the first day of the month
following the expiration of one year after the date of deposit of the
instrument, or after such longer period as may be specified in the
instrument.
Article 20
Revision and amendment
1. A Conference for the purpose of revising or amending this
Convention may be Convened by the Organisation.
2. The Organization shall convene a Conference of the States Parties
to this Convention for revising or amending it at the request of not less
than one-third of the Parties.
3. After the date of the entry into force of an amendment to this
Convention, any instrument of ratification, acceptance, approval or
accession deposited shall be deemed to apply to the Convention as amended,
unless a contrary intention is expressed in the instrument.
Article 21
Revision of the limitation amounts and of Unit of Account or monetary
unit
1. Notwithstanding the provision of Article 20, a Conference only for
the purposes of altering the amounts specified in Article 6 and 7 and in
Article 8, paragraph 2, or of substituting either or both of the Units
defined in Article 8, paragraphs 1 and 2, by other units shall be convened
by the Organization in accordance with paragraphs 2 and 3 of this Article.
An alteration of the amounts shall be made only because of a significant
change in their real value.
2. The Organization shall convene such a Conference at the request of
not less than one-fourth of the States Parties.
3. A decision to alter the amounts or to substitute the Units by other
units of account shall be taken by a two-thirds majority of the States
Parties present and voting in such Conference.
4. Any State depositing its instrument of ratification, acceptance,
approval or accession to the Convention, after entry into force of an
amendment, shall apply the Convention as amended.
Article 22
Depositary
1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) transmit certified true copies of this Convention to all
States which were invited to attend the Conference on Limitation of
Liability for Maritime Claims and to any other States which accede to this
Convention;
(b) inform all States which have signed or acceded to this
Convention of:
(i) each new signature and each deposit of an instrument and
any reservation thereto together with the date thereof;
(ii) the date of entry into force of this Convention or any
amendment thereto;
(iii) any denunciation of this Convention and the date on
which it takes effect;
(iv) any amendment adopted in conformity with Article 20 or
21;
(v) any communication called for by any Article of this
Convention.
3. Upon entry into force of this Convention, a certified true copy
thereof shall be transmitted by the Secretary-General to the Secretariat
of the United Nations for registration and publication in accordance with
Article 102 of the Charter of the United Nations.
Article 23
Languages
This Convention is established in a single original in the English,
French, Russian and Spanish languages, each text being equally authentic.
DONE AT LONDON this nineteenth day of November one thousand nine
hundred and seventy-six.
IN WITNESS WHEREOF the undersigned being duly authorized for that
purpose have signed this Convention.
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