Decision ID: 001208

In January 2001 the 1971 Fund Executive Committee considered a request by a lawyer representing a claimant, who was of the view that the Slops fell within the definition of ‘ship’ in the 1992 Civil Liability Convention, to submit the claim to binding arbitration as provided in Internal Regulation 7.3 of the 1992 Fund. The Committee endorsed the Director’s view that whilst it would be appropriate to submit individual claims to arbitration, for example if the dispute related to quantum, in the case under consideration the 1992 Fund’s governing bodies had taken a decision on the interpretation of the 1992 Conventions, ie the definition of ‘ship’, it would be inappropriate to submit to arbitration the question of whether the governing bodies’ interpretation was correct. The Executive Committee expressed the view that if the claimant did not accept the Committee’s position he should follow the procedure for solving disputes laid down in the 1992 Conventions, ie to take legal action against the shipowner and the 1992 Fund through the competent national court.