S.L. 234.16 Art. 14Release of ship. L.N. 156 of 2015. on Limitation of 1996 thereto their liability in 2. and operator connection with referred to in for whose act, person shall be this Convention. liability in an with the to the an admission the basis of of or damage and waterways connection with consequential by sea

Where the release of a ship or other property is ordered under paragraph (2) of Article 13 of the Convention, the person on whose application it is ordered to be released shall be deemed to have submitted to the jurisdiction of the Civil Court, First Hall, to adjudicate on the claim for which the ship or property was arrested.

Text of Articles 1 to 7, 8(1), 9 to 15 and Article 18 of the Convention of Liability for Maritime Claims 1976 as amended by the Protocol CHAPTER I - THE RIGHT OF LIMITATION Article 1

Persons entitled to limit liability

(1) Shipowners and salvors, as hereinafter defined, may limit accordance with the rules of this Convention for claims set out in Article

(2) The term ''shipowner'' shall mean the owner, charterer, manager of a seagoing ship.

(3) Salvor shall mean any person rendering services in direct salvage operations. Salvage operations shall also include operations Article 2, paragraph 1(d), (e) and (f).

(4) If any claims set out in Article 2 are made against any person neglect or default the shipowner or salvor is responsible, such entitled to avail himself of the limitation of liability provided for in

(5) In this Convention the liability of a shipowner shall include action brought against the vessel herself.

(6) An insurer of liability for claims subject to limitation in accordance rules of this Convention shall be entitled to the benefits of this Convention same extent as the assured himself.

(7) The act of invoking limitation of liability shall not constitute of liability. Article 2 Claims subject to limitation

(1) Subject to Articles 3 and 4 the following claims, whatever liability may be, shall be subject to limitation of liability -

(a) claims in respect of loss of life or personal injury or loss to property (including damage to harbour works, basins and aids to navigation), occurring on board or in direct the operation of the ship or with salvage operations, and loss resulting therefrom;

(b) claims in respect of loss resulting from delay in the carriage cargo, passengers or their luggage;

(c) claims in respect of other loss resulting from infringement other than contractual rights, occurring in direct connection operation of the ship or salvage operations;

(d) claims in respect of the raising, removal, destruction harmless of a ship which is sunk, wrecked, stranded including anything that is or has been on board such ship;

(e) claims in respect of the removal, destruction or the rendering caused by such measures.

set out in paragraph (1) shall be subject to limitation of liability even way of recourse or for indemnity under a contract or otherwise. set out under sub-paragraph (1)(d), (e) and (f) shall not be subject liability to the extent that they relate to remuneration under a person liable.

Article 3 Claims excepted from limitation of this Convention shall not apply to -

claims for salvage, including, if applicable, any claim for special compensation under Article 14 of the International Convention on Salvage, 1989, as amended, or contribution in general average; claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969 or of any amendment or Protocol thereto which is in force; claims subject to any international convention or national legislation governing or prohibiting limitation of liability for nuclear damage; claims against the shipowner of a nuclear ship for nuclear damage; claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the shipowner salvor and such servants the shipowner or salvor is not entitled to his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided in Article 6.

Article 4 Conduct barring limitation liable shall not be entitled to limit his liability if it is proved that from his personal act or omission, committed with the intent to or recklessly and with knowledge that such loss would probably

Article 5 Counterclaims person entitled to limitation of liability under the rules of this a claim against the claimant arising out of the same occurrence, their claims shall be set off against each other and the provisions of this only apply to the balance, if any.

CHAPTER II - LIMITS OF LIABILITY Article 6 The general limits exceeding 2,000 tons,

(ii) for a ship with a tonnage in excess thereof, the following in addition to that mentioned in (i) -for each ton from 2,001 to 30,000 tons, Account; for each ton from 30,001 to 70,000 tons, Account; and for each ton in excess of 70,000 tons, 604 Units

(b) in respect of any other claims,

(i) 1.51 million Units of Account for a ship with exceeding 2,000 tons,

(ii) for a ship with a tonnage in excess thereof, the following in addition to that mentioned in (i) -for each ton from 2,001 to 30,000 tons, 604 for each ton from 30,001 to 70,000 tons, Account; and for each ton in excess of 70,000 tons, 302 Units

(2) Where the amount calculated in accordance with paragraph insufficient to pay the claims mentioned therein in full, the amount accordance with paragraph 1(b) shall be available for payment of the of claims under paragraph 1(a) and such unpaid balance shall rank claims mentioned under paragraph 1(b).

(3) However, without prejudice to the right of claims for loss of injury according to paragraph (2), a State Party may provide in its claims in respect of damage to harbour works, basins and waterways navigation shall have such priority over other claims under paragraph provided by that law.

(4) The limits of liability for any salvor not operating from any salvor operating solely on the ship to, or in respect of which he is services, shall be calculated according to a tonnage of 1,500 tons.

(5) For the purpose of this Convention the shipís tonnage shall tonnage calculated in accordance with the tonnage measurement rules Annex 1 of the International Convention on Tonnage Measurement

Article 7 The limit for passenger claims

(1) In respect of claims arising on any distinct occasion for personal injury to passengers of a ship, the limit of liability of the shipowner shall be an amount of 175,000 Units of Account multiplied by passengers which the ship is authorized to carry according to the shipís

(2) For the purpose of this Article ëclaims for loss of life or personal passengers of a shipí shall mean any such claims brought by or person carried in that ship -

(a) under a contract of passenger carriage, or of Account referred to in Articles 6 and 7 is the Special Drawing by the International Monetary Fund. The amounts mentioned in shall be converted into the national currency of the State in which sought, according to the value of that currency at the date the limitation been constituted, payment is made, or security is given which under state is equivalent to such payment. The value of the national of the Special Drawing Right, of a State Party which is a member International Monetary Fund, shall be calculated in accordance with the valuation applied by the International Monetary Fund in effect at the date its operations and transactions. The value of a national currency in Special Drawing Right, of a State Party which is not a member of the Monetary Fund, shall be calculated in a manner determined by that

Article 9

Aggregation of Claims limits of liability determined in accordance with Article 6 shall apply to all claims which arise on any distinct occasion -against the person or persons mentioned in paragraph 2 of Article 1 and person for whose act, neglect or default he or they are responsible;

against the shipowner of a ship rendering salvage services from that and the salvor or salvors operating from such ship and any person whose act, neglect or default he or they are responsible; or against the salvor or salvors who are not operating from a ship or who operating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default or they are responsible. limits of liability determined in accordance with Article 7 shall apply to all claims subject thereto which may arise on any distinct occasion person or persons mentioned in paragraph 2 of Article 1 in respect of the in article 7 and any person for whose act, neglect or default he or responsible. Article 10 Limitation of liability without constitution of a limitation fund

Limitation of liability may be invoked notwithstanding that a limitation fund Article 11 has not been constituted.

limitation of liability is invoked without the constitution of a limitation provisions of Article 12 shall apply correspondingly.

Questions of procedure arising under the rules of this Article shall be accordance with the national law of the State Party in which action is

(1) Any person alleged to be liable may constitute a fund with the competent authority in any State Party in which legal proceedings respect of claims subject to limitation. The fund shall be constituted such of the amounts set out in Articles 6 and 7 as are applicable to that person may be liable, together with interest thereon from occurrence giving rise to the liability until the date of the constitution Any fund thus constituted shall be available only for the payment respect of which limitation of liability can be invoked.

(2) A fund may be constituted, either by depositing the sum, or guarantee acceptable under the legislation of the State Party where constituted and considered to be adequate by the Court or other competent

(3) A fund constituted by one of the persons mentioned in paragraph or (c) or paragraph (2) of Article 9 or his insurer shall be deemed persons mentioned in paragraph (1)(a), (b) or (c) or paragraph (2),

Article 12 Distribution of the fund

(1) Subject to the provisions of paragraphs (1) and (2) of Article 7, the fund shall be distributed among the claimants in proportion established claims against the fund.

(2) If, before the fund is distributed, the person liable, or his insurer, a claim against the fund such person shall, up to the amount he has subrogation the rights which the person so compensated would have this Convention.

(3) The right of subrogation provided for in paragraph (2) may by persons other than those therein mentioned in respect of compensation which they may have paid, but only to the extent that is permitted under the applicable national law.

(4) Where the person liable or any other person establishes compelled to pay, at a later date, in whole or in part any compensation with regard to which such person would have enjoyed subrogation pursuant to paragraphs (2) and (3) had the compensation before the fund was distributed, the Court or other competent authority where the fund has been constituted may order that a sufficient provisionally set aside to enable such person at such later date to against the fund.

Article 13 Bar to other actions

(1) Where a limitation fund has been constituted in accordance any person having made a claim against the fund shall be barred from right in respect of such a claim against any other assets of a person whom the fund has been constituted.

(2) After a limitation fund has been constituted in accordance any ship or other property, belonging to a person on behalf of whom been constituted, which has been arrested or attached within the the port where the occurrence took place, or, if it took place out of at the first port of call thereafter; or the port of disembarkation in respect of claims for loss of life or personal injury; or the port of discharge in respect of damage to cargo; or the State where the arrest is made. rules of paragraphs (1) and (2) shall apply only if the claimant may against the limitation fund before the Court administering that fund actually available and freely transferable in respect of that claim. Article 14 Governing Law to the provisions of this Chapter the rules relating to the constitution of a limitation fund, and all rules of procedure in connection be governed by the law of the State Party in which the fund is

CHAPTER IV - SCOPE OF APPLICATION Article 15

Convention shall apply whenever any person referred to in Article 1 liability before the Court of a State Party or seeks to procure the or other property or the discharge of any security given within the any such State. Nevertheless, each State Party may exclude wholly or application of this Convention any person referred to in Article 1, when the rules of this Convention are invoked before the Courts of not have his habitual residence in a State Party, or does not have his of business in a State Party or any ship in relation to which the right invoked or whose release is sought and which does not at the time fly the flag of a State party. Party may regulate by specific provisions of national law the system liability to be applied to vessels which are -according to the law of that State, ships intended for navigation on inland waterways; of less than 300 tons. Party which makes use of the option provided for in this paragraph depositary of the limits of liability adopted in its national legislation there are none.

Party may regulate by specific provisions of national law the system liability to be applied to claims arising in cases in which interests of nationals of other States Parties are in no way involved. Notwithstanding the limit of liability prescribed in paragraph (1) of Article may regulate by specific provisions of national law the system of applied to claims for loss of life or personal injury to passengers of a that the limit of liability is not lower than that prescribed in paragraph A State Party which makes use of the option provided for in this

(a) when that State has established under its national legislation limit of liability than that otherwise provided for in Article

(b) when that State has become party to an international regulating the system of liability in respect of such ships. In a case to which sub-paragraph (a) applies that State Party depositary accordingly.

(5) This Convention shall not apply to -

(a) air-cushion vehicles;

(b) floating platforms constructed for the purpose of exploring the natural resources of the sea-bed or the sub-soil thereof. Articles 16 and 17 omitted.

Article 18 Reservations

(1) Any State may, at the time of signature, ratification, acceptance, accession, or at any time thereafter, reserve the right -

(a) to exclude the application of Article 2, paragraphs (1)(d)

(b) to exclude claims for damage within the meaning of Convention on Liability and Compensation for Damage with the Carriage of Hazardous and Noxious Substances of any amendment or Protocol thereto.

No other reservations shall be admissible to the substantive this Convention.