Decisión nº: 001053

In April 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 Fund, it was premature for the Committee to take a decision on issues relating to the cause as well as the question of 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 interests of the Fund.