Decision ID: 003656

In October 2009 the 1992 Fund Executive Committee recalled that the insurer of the Volgoneft 139 had argued that the incident was wholly caused by a natural phenomenon (a storm that occurred on 11 November 2007) of an exceptional, inevitable and irresistible character and that therefore no liability should be attached to the shipowner pursuant to Article III.2(a) of the 1992 Civil Liability Convention. It was noted that at a hearing in September 2009 the Arbitration Court of Saint Petersburg and Leningrad Region had stated that its preliminary view was that the storm did not seem to be something exceptional or unavoidable and that it was a normal maritime risk which shipowners should always take into account.