Decision ID: 000955

In February 1999 the 1971 Fund Executive Committee noted a judgement by the Korean Court (which at the time was not available in writing), awarding compensation to an arkshell co-operative, apparently based on the assumption that if oil reached a certain area then marine life in that area would be affected, and stating that the burden of proof lay on the 1971 Fund to establish that this was not the case. The Committee, noting that the Fund’s experts had maintained that oil on the sea surface could not have affected the arkshells living on the seabed, decided that the Fund should appeal against the judgement. The Director was instructed to examine the written judgement and to submit the claim to the Committee at its 61st session for renewed consideration in the light of the Court’s reasoning.

Date: 01.02.1999
Categories: Pure economic loss (fisheries and mariculture), Legal actions
Subjects: Admissibility criteria, Judgements in respect of claims for pure economic loss, Specific claims considered by the governing bodies