Decision ID: 003282

In October 1999 the 1971 Fund Executive Committee decided that, since not all the evidence on the cause of the incident had been made available to the 1971 Fund, it was premature for the Committee to take a decision on issues relating to the cause of the incident and contributory negligence. The Committee instructed the Director to investigate further these issues in co-operation with the shipowner/insurer to the extent that there was no conflict of interest between them and the Fund. The Committee also instructed the Director to raise the defence of contributory negligence against the claim by the Venezuelan Government if this became necessary in order to protect the Fund’s interest. The Committee noted that if the evidence were to establish contributory negligence on the part of Instituto Nacional de Canalizaciones (a national body responsible for the maintenance of the Maracaibo Channel), it would have to consider the issue of whether the 1971 Fund should take recourse action against the Republic of Venezuela for the purpose of recovering any amount paid by the Fund in compensation.

Date: 30.09.1999
Categories: Application of the Conventions, Legal actions
Subjects: Exoneration of the 1971 and 1992 Funds from liability under Article 4.3 of the 1971 and 1992 Fund Conventions, Exoneration of the shipowner from liability under Article III.2 and III.3 of the 1969 and 1992 Civil Liability Conventions, Investigations into the cause of incidents