Decision ID: 000518

In December 1995, in a private session at which only the representatives of 1971 Fund Member States were present, the 1971 Fund Executive Committee decided not to take legal action in the United Kingdom against the company managing the Braer, since the United Kingdom legislation effectively barred such action on the grounds that the company would be regarded as falling within the category of ‘servants or agents of the shipowner’, actions against whom could not be taken. The Committee also decided not to take legal actions in the United States against the management company, other companies belonging to the same group and the individual directors of those companies, since such actions would be complex, costly and have an uncertain outcome. Furthermore, the Committee took the view that the Fund should not submit to the jurisdiction of the courts of the United States, a non-Member State.

Date: 01.12.1995
Category: Legal actions
Subject: Jurisdictional issues