Decision ID: 000712

In February 1997 the 1971 Fund Executive Committee agreed that, since the flag State of the Nakhodka (Russian Federation) had not ratified the 1992 Protocols, but was Party to the 1969 Civil Liability and 1971 Fund Conventions, the shipowner’s right of limitation should be governed by the 1969 Civil Liability Convention, to which both Japan and the Russian Federation were Parties. The Committee confirmed that the total amount of compensation available would be 135 million SDR and that compensation would be paid firstly by the shipowner under the 1969 Civil Liability Convention (up to 1 588 000 SDR) followed by the 1971 Fund under the 1971 Fund Convention (up to 58 412 000 SDR) and finally by the 1992 Fund under the 1992 Fund Convention (up to 75 million SDR).

Date: 01.02.1997
Categories: Legal actions, Financial limits, limitation proceedings and indemnification, Application of the Conventions
Subjects: Shipowner's right of limitation liability, Shipowner's right of limitation of liability, Maximum aggregate amount payable under the Conventions in accordance with Article 4.4 of the 1971 and 1992 Fund Conventions, Treaty/constitutional issues