Decision ID: 001863

In March 2006 the 1992 Fund Executive Committee noted that in connection with 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 filed a motion for a summary judgement arguing that it was an agent or servant of the shipowner and that therefore in accordance with Article III.4(a) of the 1992 Civil Liability Convention no claim for compensation for pollution damage could be made against it unless the damage resulted from ABS’s personal act or omission, committed with intent to cause such damage, or recklessly and with knowledge that such damage would probably result.

Date: 01.02.2006
Categories: Legal actions, Application of the Conventions
Subjects: Judgements in respect of the channelling provisions in Article III.4(a) of the 1992 Civil Liability Convention, Channelling provisions under Article III.4 of the 1969 and 1992 Civil Liability Conventions