Maritime Liability and Compensation Conventions update. Andrew Bardot International Group of P & I Clubs

Similar documents
CRTD Convention ECE ITC wp November Geneva Financial limits on Liability and Compensation. Submission on the limits of financial liability

NATIONAL INTEREST ANALYSIS

Promoting maritime treaty ratification

The HNS Compensation Regime. Regional workshop on the 2010 HNS Convention Rome, Italy 10 October 2014 Jose Maura Director

"HNS and the general regulatory framework for pollution liability in Europe"

PROTECTION & INDEMNITY INSURANCE

Concept of Limitation and Definition of a Ship FPSO and FLNG

APPENDIX 1 ACCIDENT STATISTICS

THE IMPLEMENTATION OF THE NAIROBI INTERNATIONAL CONVENTION ON REMOVAL OF WRECKS, 2007 IN THE CROATIAN LAW

ANSWERS ON BEHALF OF THE CANADIAN MARITIME LAW ASSOCIATION TO THE COMITE MARITIME INTERNATIONAL QUESTIONNAIRE

PROPOSAL FOR CIVIL LIABILITY REGIME AND COMPULSORY INSURANCE FOR PASSENGER CARRIAGE BY SEA

DUBLIN CAYMAN ISLANDS NEW YORK TOKYO HONG KONG

B 4815 Suppliment tal-gazzetta tal-gvern ta Malta, Nru. 17,506, 21 ta Novembru, 2003 Taqsima B MERCHANT SHIPPING ACT (CAP. 234)

OCEAN CORPORATE SOCIAL RESPONSIBILITY : BUSINESS AND THE PROTECTION OF THE MARINE ENVIRONMENT

Swedish Law as an Example The Nairobi Convention Summary. Wreck Removal. Jhonnie Kern University of Gothenburg

MARINE INSURANCE BULLETIN

MERCHANT SHIPPING (LIMITATION OF SHIPOWNERS LIABILITY) (AMENDMENT) ORDINANCE 2005

THE NAIROBI PERSPECTIVE: NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS, 2007

THE INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS MAY 2015

PERSONAL INJURY BULLETIN

Athens Convention relating to the Carriage of Passengers and their Luggage by Sea

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL DECISION

Liability and Compensation for Oil Pollution Damage Edition

13.13 In analysing article VII of CLC 92, the following views were expressed:

Giaschi & Margolis BARRISTERS AND SOLICITORS

PROSPECTS FOR BETTER COMPENSATION FOR ECOLOGICAL DAMAGE RESULTING FROM ACCIDENTS IN EUROPEAN MARINE WATERS

Reform of Japanese Maritime Law

Statutory Supplement to Admiralty and Maritime Law in the United States (Third Edition) David W. Robertson Steven F. Friedell Michael F.

MERCHANT SHIPPING (MARITIME CLAIMS LIMITATION OF LIABILITY) MERCHANT SHIPPING (MARITIME CLAIMS LIMITATIONOF LIABILITY) CHAPTER 281

YACHT LIABILITY INSURANCE KNOW YOUR COVER

Australia's approach to emergency response and towage

POLLUTION DAMAGE LIABILITY AND COMPENSATION ISSUES RELATED TO OFFSHORE ACTIVITIES

PASSENGER VESSEL LIABILITY INSURANCE FOR SMALLER CRAFT

THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS WHOLLY OR PARTLY BY SEA (THE ROTTERDAM RULES )

Information Notice. Regarding the insurance certificates Required under the IMO Conventions

EUROPEAN TRANSPORT POLICY FINNISH SHIPPING INDUSTRY

FIATA Position on the UN Convention on Contracts for the International Carriage of Goods wholly or partly by Sea (the Rotterdam Rules ).

ARSENAL INSURANCE COMPANY MARINE INSURANCE

Removal of Wrecks Directive 2015

International Oil Pollution Compensation Fund Claims Manual. October 2013 Edition

SELECT ISSUES RELATING TO PLEASURE CRAFT

Merchant Marine Circular No. 152

Executive Committee: In this Issue:

Maritime and Coastguard Agency LogMARINE INFORMATION NOTE

ADMINISTRATIVE PACKAGE FOR RATIFICATION OF OR ACCESSION TO THE UNLAWFUL INTERFERENCE COMPENSATION CONVENTION

NEWSLETTER THE MARITIME LABOUR CONVENTION 2006

Chairman s Statement 2 3 Executive Officer s Statement 4 5 Pooling and Reinsurance 6 7 Removal of Wreck 8 9 China Athens Convention 2002

Financial Vulnerability Assessment: Who Would Pay for Oil Tanker Spills Associated with the Northern Gateway Pipeline?

IMO ADOPTION OF THE FINAL ACT AND ANY INSTRUMENTS, RECOMMENDATIONS AND RESOLUTIONS RESULTING FROM THE WORK OF THE CONFERENCE

under the EC Directive on Environmental Liability. Comparative Legal Point of View

HELCOM perspective on clean Baltic Sea shipping. Helsinki Commission

1.3 When we use the term "ferry", we are referring to any ship operated by us to provide a ferry service.

Environmental Impairment Liability after the Erika and Prestige Accidents

CMI International Sub-Committee on Limitation of Liability in Maritime Law. List of Issues following further consideration of the NMLA s March 2012

General Conditions of Carriage for Ferry Crossings

IMO ADOPTION OF THE FINAL ACT AND ANY INSTRUMENTS, RECOMMENDATIONS AND RESOLUTIONS RESULTING FROM THE WORK OF THE CONFERENCE

THE CARRIAGE BY AIR (AMENDMENT) BILL, 2015

THE SWEDISH TRAFFIC DAMAGE ACT. A short introduction Warsaw 21 March 2011

BSMR Maritime University, Bangladesh LLM in Maritime Law Program Syllabus

ANNUAL REVIEW 2014/15

EUROPEAN COMMISSION: DIRECTORATE GENERAL FOR ENERGY AND TRANSPORT

Extract from. Études et Dossiers No th Joint Seminar of the European Association of Law and Economics and The Geneva Association

THE NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS THE STATES PARTIES TO THE PRESENT CONVENTION,

Motor Accidents Compensation Amendment Bill 2009

Annual Report INTERNATIONAL OIL POLLUTION COMPENSATION FUNDS

PRESENTATION OF THE THIRD MARITIME SAFETY PACKAGE

Certificate of insurance application form

THE LEGAL ASPECTS OF WRECK REMOVAL

"the Company" - means Spliethoff Transport B.V. and/or subsidiaries and/or associated companies.

An Overview of Hong Kong Maritime Law and Dispute Resolution 香 港 海 商 法 律 及 解 决 争 议 概 述

COMMISSION STAFF WORKING PAPER Rights of passengers in international bus and coach transport

LEGAL ASPECTS OF CREWS & CREWING James Trumble 5 Essex Court

M. Dogliani Energy Efficiency Design Index (EEDI): norme IMO ed aspetti tecnici. PORT&SHIPPING TEC Green - Shipping Summit - Novembre 2011

United States Admiralty Law

Insurance of Mobile Offshore Units Construction All Risk insurance (MOU/CAR)

Oil Pollution and International Marine Environmental Law

QUESTIONS AND ANSWERS ON SHIPPING & COMMODITIES

International regulation of liability for multimodal transport

World Ports in a Changing Environment

Informal document SC.3 No. 4 (2012)

INTERNATIONAL SALVAGE UNION SUB CONTRACT LUMPSUM AGREEMENT "S A L V C O N " GUIDANCE NOTES

Japanese Shipping and Challenges for the Shipping Industry

Presentation by. Nigel Carden (UK P&I Club) Chairman, IGP&I Maritime Security Subcommittee

LAWS RELATED TO MARINE INSURANCE AND INCOME TAX PROVISIONS RELATED TO INSURANCE

Gard AS, September

ADMIRALTY CASES AND MATERIALS. Jo DESHA LUCAS Late Arnold I. Shure Professor of Urban Law, Emeritus University of Chicago

The Shipowners Club Dive Boat Liability Insurance. Know your cover

FISHING VESSEL LIABILITY INSURANCE

Scandinavian Maritime Law

International Multimodal Transport: Regulation of liability

Construction All Risk Insurance

Shipping, World Trade and the Reduction of

Ship arrest in Norway

In the United Nations Convention on the Law of the Sea (UNCLOS) of 1982, "maritime piracy" consists of:

Shipping, World Trade and the Reduction of

GUIDELINES FOR VOLUNTARY USE OF THE SHIP ENERGY EFFICIENCY OPERATIONAL INDICATOR (EEOI)

Diploma in Maritime Law (with distinction), the Arab Academy For science and Technology with grade. Ranked the first overall.

DIVE BOAT LIABILITY INSURANCE

Netherlands. Chapter. Van Traa Advocaten N.V. 1 Marine Casualty. Maarten Claringbould. Pieter den Haan

Danish Shipping Academy. The Commercial Shipping Program

Transcription:

update Andrew Bardot International Group of P & I Clubs

1992 CLC Protocol 1992 Fund Convention / 2003 Protocol 2001 Bunkers Convention 1996 HNS Convention Athens Convention 2002 Protocol 2007 Wreck Removal Convention 1976 LLMC Convention / 1996 Protocol 2009 Rotterdam Rules

Civil Liability Convention 1992 Protocol (CLC 92): Status in force from 30/05/1996 121 contracting States (as at 31/08/2009). Strict liability with limited shipowner defences Shipowner funded compensation up to 90 m. SDR (approx US$ 141 m.) Compensation enhanced through voluntary industry agreement - STOPIA 2006 small vessels up to 29,548 GT (State parties to 1992 Fund only)

Fund Convention(92 Fund): Status in force from 30/05/1996 104 contracting States (as at 31/08/2009) Provides for compensation up to 203 million SDR (approx US$ 318 m.) excess of applicable CLC limit Funded by member State contributions levied on industry

Supplementary Fund Protocol (2003): Status in force from 03/03/2005 24 contracting States (as at 31/08/2009) Provides for compensation up to 547 million SDR (approx US$ 857 m.) excess of the 92 Fund limit Funded by member State contributions levied on industry 50% co-funding of the Supplementary Fund through voluntary industry contribution - TOPIA 2006

2001 Bunkers Convention: Status in force from 21/11/2008 44 contracting States (as at 31/08/2009) Strict liability with limited shipowner defences Compensation based on applicable national or international limitation regime e.g. LLMC

1996 HNS Convention: Status not yet in force (new Protocol likely to be adopted at 2010 Diplomatic Conference). Currently 14 signatory States Entry into force 18 months after 12 ratifications including 4 States with not less than 2 m. units of GT, and a minimum 40 m. tons of contributing cargo received by signatory States within preceding 12 months

1996 HNS Convention (contd.): Two tier compensation scheme as CLC/IOPC Funds Strict liability with limited shipowner defences Shipowner liability limit up to SDR 100 million (approx US$ 157 m.) but likely to increase (for packaged goods only) Fund compensation up to SDR 250 million (approx US$ 392 m.) excess of shipowner limit

2002 Athens Protocol (Passengers and luggage): Status not yet in force Currently 4 Contracting States entry into force 12 months following 10 ratifications Strict liability with limited shipowner defences Shipowner liability limit for death/ PI 250,000 SDR per passenger (approx US$ 392,000) or 400,000 SDR (approx US$ 626,000) where fault or neglect involved Separate limits for luggage and vehicles

2007 Nairobi Wreck Removal Convention: Status not yet in force. Currently 1 Contracting State - entry into force 12 months following 10 ratifications Strict liability with limited shipowner defences Compensation based on applicable national or international regime e.g. LLMC (but note LLMC opt out for wreck removal claims)

1976 LLMC Convention Status in force from 01/12/1986 52 contracting States Separate limits for passenger and other claims calculated on a sliding scale SDR per GT basis limit for largest vessels approx US $ 60 m. (passenger claims) and US$ 30 m. (other claims) No amendment procedure

1996 LLMC Protocol Status in force from 13/05/2004 35 contracting States Separate limits for passenger and other claims calculated on a sliding scale SDR per GT basis limit for largest vessels approx US $ 141 m. (passenger claims) and US$ 70 m. (other claims) Proposal for review of limits by IMO Legal Committee. Under amendment procedure limits could more than double (6%pa compound)

United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea' - the Rotterdam Rules Status not yet in force signing 23/09/09 Entry into force - 12 months after 20 ratifications Increase in shipowners liability Erosion of shipowners defences

update Andrew Bardot International Group of P & I Clubs