Decision ID: 001796

In October 2005 the 1992 Fund Executive Committee noted that as part of the discovery process in the legal action by the Spanish State against the American Bureau of Shipping (ABS) before the Federal Court of first instance in New York, ABS had requested the production by the Spanish State of all documents and material forming part of the file of the Criminal Court in Corcubión investigating the cause of the incident, as well as all the documents and material reviewed by the Spanish Permanent Commission for the Investigation of Maritime Accidents, that the Spanish State had asserted that the requested documents and material were protected from disclosure by privilege under Spanish procedural law, and that ABS had opposed the assertion of privilege. It was noted that the New York Court had in August 2005 denied the Spanish State’s assertion of privilege and ordered the production of the documents and that the Spanish State had appealed against the decision. The Committee further noted that in September 2005 the Spanish State had submitted a petition to the Criminal Court in Corcubión, maintaining that the documents and material could not be provided to ABS and requesting the Court to take a decision on this issue, which was still pending. It was also noted that in connection with the legal action by the Regional authorities of the Basque Region (Spain) against ABS, ABS had sought permission from the New York Court to file an indemnity claim against the Spanish State, seeking recovery of any amount for which it might be held liable to the Basque Region, but that the Court had not yet issued a decision in that regard.