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Text of Articles 1 to 15 of the Convention on Limitation of
Liability for Maritime Claims, 1976, as amended by the Protocol
of 1996 to amend the Convention on Limitation of Liability for
Maritime Claims, 1976
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Article 1
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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.
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2. The term ``shipowner'' shall mean the owner, charterer,
manager and operator of a seagoing ship.
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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).
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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.
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5. In this Convention the liability of a shipowner shall include
liability in an action brought against the vessel herself.
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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.
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7. The act of invoking limitation of liability shall not constitute
an admission of liability.
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Article 2
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1. Subject to Articles 3 and 4 the following claims, whatever the
basis of liability may be, shall be subject to limitation of liability:
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(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;
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(b) claims in respect of loss resulting from
delay in the carriage by sea of cargo, passengers or their
luggage;
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(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;
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(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;
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(e) claims in respect of the removal,
destruction or the rendering harmless of the cargo of the
ship;
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(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.
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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.
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Article 3
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The rules of this Convention shall not apply to:
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(a) claims for salvage, including, if
applicable, any claim for special compensation under
article 14 of the International Convention on Salvage
1989, as amended, or contribution in general average;
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(b) claims for oil pollution damage within the
meaning of the International Convention on Civil
Liability for Oil Pollution Damage, dated 29 November
1969 or of any amendment or Protocol thereto which is
in force;
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(c) claims subject to any international
convention or national legislation governing or
prohibiting limitation of liability for nuclear damage;
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(d) claims against the shipowner of a nuclear
ship for nuclear damage;
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(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.
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Article 4
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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.
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Article 5
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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.
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Article 6
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1. The limits of liability for claims other than those mentioned in
article 7, arising on any distinct occasion, shall be calculated as
follows:
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(a) in respect of claims for loss of life or
personal injury,
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(i) 2 million Units of Account for a ship with a tonnage not
exceeding 2,000 tons,
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(ii) for a ship with a tonnage in excess
thereof, the following amount in addition to that
mentioned in (i):
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for each ton from 2,001 to 30,000 tons, 800 Units of
Account;
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for each ton from 30,001 to 70,000 tons, 600 Units of
Account; and
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for each ton in excess of 70,000 tons, 400 Units of
Account,
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(b) in respect of any other claims,
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(i) 1 million Units of Account for a ship with a tonnage not
exceeding 2,000 tons,
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(ii) for a ship with a tonnage in excess
thereof, the following amount in addition to that
mentioned in (i):
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for each ton from 2,001 to 30,000 tons, 400 Units of
Account;
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for each ton from 30,001 to 70,000 tons, 300 Units of
Account; and
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for each ton in excess of 70,000 tons, 200 Units of
Account.
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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).
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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.
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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.
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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 Measurement of Ships, 1969.
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Article 7
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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 175,000 Units of
Account multiplied by the number of passengers which the ship
is authorized to carry according to the ship's certificate.
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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:
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(a) under a contract of passenger carriage, or
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(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.
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Article 8
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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.
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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 follows:
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(a) in respect of article 6, paragraph 1(a) at an
amount of:
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(i) 30 million monetary units for a ship with a tonnage not
exceeding 2,000 tons;
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(ii) for a ship with a tonnage in excess
thereof, the following amount in addition to that
mentioned in (i):
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for each ton from 2,001 to 30,000 tons, 12,000
monetary units;
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for each ton from 30,001 to 70,000 tons, 9,000
monetary units; and
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for each ton in excess of 70,000 tons, 6,000 monetary
units; and
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(b) in respect of article 6, paragraph 1(b), at an
amount of:
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(i) 15 million monetary units for a ship with a tonnage not
exceeding 2,000 tons;
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(ii) for a ship with a tonnage in excess
thereof, the following amount in addition to that
mentioned in (i):
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for each ton from 2,001 to 30,000 tons, 6,000
monetary units;
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for each ton from 30,001 to 70,000 tons, 4,500
monetary units; and
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for each ton in excess of 70,000 tons, 3,000 monetary
units; and
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(c) in respect of article 7, paragraph 1, at an
amount of 2,625,000 monetary units multiplied by the
number of passengers which the ship is authorized to
carry according to its certificate.
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Paragraphs 2 and 3 of Article 6 apply correspondingly to
subparagraphs (a) and (b) of this paragraph.
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3. The monetary unit referred to in paragraph 2 corresponds to
sixty-five and a half milligrammes 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.
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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.
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Article 9
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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:
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(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
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(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
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(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.
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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.
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Article 10
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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.
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2. If limitation of liability is invoked without the constitution of
a limitation fund, the provisions of Article 12 shall apply
correspondingly.
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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.
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Article 11
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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.
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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.
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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.
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Article 12
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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.
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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.
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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.
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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.
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Article 13
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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.
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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:
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(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
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(b) at the port of disembarkation in respect of
claims for loss of life or personal injury; or
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(c) at the port of discharge in respect of
damage to cargo; or
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(d) in the State where the arrest is made.
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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.
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Article 14
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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.
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Article 15
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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.
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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:
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(a) according to the law of that State, ships
intended for navigation on inland waterways;
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(b) ships of less than 300 tons.
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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.
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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.
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3bis. Notwithstanding the limit of liability prescribed in
paragraph 1 of Article 7, a State Party may regulate by specific
provisions of national law the system of liability to be applied to
claims for loss of life or personal injury to passengers of a ship,
provided that the limit of liability is not lower than that prescribed
in paragraph 1 of Article 7. A State Party which makes use of the
option provided for in this paragraph shall inform the
Secretary-General of the limits of liability adopted or of the fact
that there are none.
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4. The Courts of a State Party shall not apply this Convention to
ships constructed for, or adapted to, and engaged in, drilling:
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(a) when that State has established under its
national legislation a higher limit of liability than that
otherwise provided for in Article 6; or
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(b) when that State has become party to an
international convention regulating the system of
liability in respect of such ships.
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In a case to which sub-paragraph (a) applies that State Party shall
inform the depositary accordingly.
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5. This Convention shall not apply to:
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(a) air-cushion vehicles;
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(b) floating platforms constructed for the
purpose of exploring or exploiting the natural resources
of the sea-bed or the subsoil thereof.
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Text of Article 18 of the Convention on Limitation of Liability
for Maritime Claims, 1976, as amended by the Protocol of 1996
to amend the Convention on Limitation of Liability for Maritime
Claims, 1976, and of Articles 8 and 9 of that Protocol
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Article 18
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1. Any State may, at the time of signature, ratification,
acceptance, approval or accession, or at any time thereafter,
reserve the right:
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(a) to exclude the application of article 2,
paragraphs 1(d) and (e);
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(b) to exclude claims for damage within the
meaning of the International Convention on Liability
and Compensation for Damage in Connection with the
Carriage of Hazardous and Noxious Substances by Sea,
1996 or of any amendment or Protocol thereto.
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No other reservations shall be admissible to the substantive
provisions of this Convention.
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2. Reservations made at the time of signature are subject to
confirmation upon ratification, acceptance or approval.
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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 a 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.
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Article 8
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Amendment of limits
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1. Upon the request of at least one half, but in no case less than
six, of the States Parties to this Protocol, any proposal to amend
the limits specified in article 6, paragraph 1, article 7, paragraph
1 and article 8, paragraph 2 of the Convention as amended by this
Protocol shall be circulated by the Secretary-General to all
Members of the Organization and to all Contracting States.
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2. Any amendment proposed and circulated as above shall be
submitted to the Legal Committee of the Organization (the Legal
Committee) for consideration at a date at least six months after
the date of its circulation.
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3. All Contracting States to the Convention as amended by this
Protocol, whether or not Members of the Organization, shall be
entitled to participate in the proceedings of the Legal Committee
for the consideration and adoption of amendments.
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4. Amendments shall be adopted by a two-thirds majority of the
Contracting States to the Convention as amended by this
Protocol present and voting in the Legal Committee expanded as
provided for in paragraph 3, on condition that at least one half of
the Contracting States to the Convention as amended by this
Protocol shall be present at the time of voting.
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5. When acting on a proposal to amend the limits, the Legal
Committee shall take into account the experience of incidents
and, in particular, the amount of damage resulting therefrom,
changes in the monetary values and the effect of the proposed
amendment on the cost of insurance.
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6. (a) No amendment of the limits under this article may
be considered less than five years from the date on
which this Protocol was opened for signature nor
less than five years from the date of entry into force
of a previous amendment under this article.
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(b) No limit may be increased so as to exceed
an amount which corresponds to the limit laid down in
the Convention as amended by this Protocol increased
by six per cent per year calculated on a compound basis
from the date on which this Protocol was opened for
signature.
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(c) No limit may be increased so as to exceed
an amount which corresponds to the limit laid down in
the Convention as amended by this Protocol multiplied
by three.
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7. Any amendment adopted in accordance with paragraph 4 shall
be notified by the Organization to all Contracting States. The
amendment shall be deemed to have been accepted at the end of
a period of eighteen months after the date of notification, unless
within that period not less than one-fourth of the States that were
Contracting States at the time of the adoption of the amendment
have communicated to the Secretary-General that they do not
accept the amendment, in which case the amendment is rejected
and shall have no effect.
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8. An amendment deemed to have been accepted in accordance
with paragraph 7 shall enter into force eighteen months after its
acceptance.
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9. All Contracting States shall be bound by the amendment,
unless they denounce this Protocol in accordance with
paragraphs 1 and 2 of article 12 at least six months before the
amendment enters into force. Such denunciation shall take effect
when the amendment enters into force.
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10. When an amendment has been adopted but the
eighteen-month period for its acceptance has not yet expired, a
State which becomes a Contracting State during that period shall
be bound by the amendment if it enters into force. A State which
becomes a Contracting State after that period shall be bound by
an amendment which has been accepted in accordance with
paragraph 7. In the cases referred to in this paragraph, a State
becomes bound by an amendment when that amendment enters
into force, or when this Protocol enters into force for that State,
if later.
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Article 9
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1. The Convention and this Protocol shall, as between the Parties
to this Protocol, be read and interpreted together as one single
instrument.
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2. A State which is Party to this Protocol but not a Party to the
Convention shall be bound by the provisions of the Convention
as amended by this Protocol in relation to other States Parties
hereto, but shall not be bound by the provisions of the
Convention in relation to States Parties only to the Convention.
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3. The Convention as amended by this Protocol shall apply only
to claims arising out of occurrences which take place after the
entry into force for each State of this Protocol.
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4. Nothing in this Protocol shall affect the obligations of a State
which is a Party both to the Convention and to this Protocol with
respect to a State which is a Party to the Convention but not a
Party to this Protocol.
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