Decisión nº: 000830

In October 1997 the 1992 Fund Assembly, noting that the 1971 Fund was limiting payments to 25% of of established claims, considered whether the 1992 Fund should pay claimants in Japan (which was a State Party to the 1992 Fund Convention) the balance of 75% and then present subrogated claims against the 1971 Fund if and when the 1971 Fund’s payments were increased beyond the 25% limit. The Assembly decided that it would be appropriate for the 1992 Fund to intervene, as a State for which the 1992 Fund Convention had entered into force had thereby ensured that victims of oil pollution damage in that State had the benefit of a higher maximum amount of compensation than that provided under the 1971 Fund Convention. The Assembly authorised the Director to pay the balance of established claims relating to damage in Japan and invited him to study the legal situation of the 1992 Fund’s subrogation right in respect of the sums paid by the 1992 Fund to claimants in Japan in the event that the limit of the 1971 Fund was not exceeded.

Fecha: 30.09.1997
Categoría: Pagos de indemnización
Subject: Cuestiones de subrogación