Decision ID: 001107

In April 2000 the 1971 Fund Administrative Council instructed the Director to continue the discussions with the Spanish Government on the assessment of the losses suffered by fishermen and shellfish harvesters and by claimants in the mariculture sector on the basis of the documentation presented by the Instituto Español de Oceanografía and authorised the Director to agree with the Spanish Government on the quantum of the losses suffered by those claimants on the basis of the Fund’s criteria. It was noted that any agreement as to quantum in respect of the mariculture sector would have to be without prejudice to the Fund’s position that these claims were time-barred. The Council emphasised that any agreement on the quantum of the claims had to be subject to a reservation to the effect that the claimants would have to waive their right to claim compensation from the 1971 Fund, the shipowner/insurer and the Spanish State over and above the amounts received in loans.

Date: 31.03.2000
Category: Time bar provisions
Subject: Interpretation/application of the time-bar provisions in Article VIII of the 1969 and 1992 Civil Liability Conventions and Article 6 of the 1971 and 1992 Fund Conventions