Decision ID: 001279

In October 2001 the 1992 Fund Executive Committee and the 1971 Fund Administrative Council both agreed that the interception by the multi-national maritime interception forces of the Zeinab could not be considered as ‘an act of war, hostilities, civil war or insurrection’ and that neither the 1992 Fund nor the 1971 Fund should therefore invoke the defence provided in Article 4.2(a), although if, in the light of further investigations, it transpired that the sinking of the Zeinab had been a deliberate act, this might be a matter for a possible recourse action by the Funds. The 1992 Fund Executive Committee and the 1971 Fund Adminsitrative Council decided to authorise the Director to make final settlements on behalf of the 1992 Fund and the 1971 Fund respectively of all claims arising out of the incident to the extent that the claims did not give rise to questions of principle which had not previously been decided by any of the governing bodies of the 1992 Fund or the 1971 Fund.

Date: 30.09.2001
Categories: Compensation payments, Application of the Conventions
Subjects: Authorisation to settle claims, Exoneration of the 1971 and 1992 Funds from liability under Article 4.2(a) of the 1971 and 1992 Fund Conventions