Decision ID: 000831

In October 1997 the 1971 Fund Executive Committee considered the question of whether the Fund should oppose the shipowner’s right to limit liability or refuse indemnification. It was noted that the Korean authorities had not carried out an investigation into the cause of the incident, and that although the barge had grounded on a submerged and unchartered rock, the master of the vessel had received a suspended prison sentence for having caused oil pollution by negligence. In the light of advice from the Fund’s Korean lawyer, the Committee decided that there were no grounds for the Fund to oppose the shipowner’s right to limit liability, nor to refuse indemnification under Article 5.1 of the 1971 Fund Convention.

Date: 30.09.1997
Categories: Financial limits, limitation proceedings and indemnification, Legal actions
Subjects: Indemnification of the shipowner under Article 5.1 of the 1971 Fund Convention, Shipowner's right of limitation of liability, Investigations into the cause of incidents, Shipowner's right of limitation liability