Key Benefits:
Original text
(State on 25 July 2013)
1. Ship owners and wizards, as defined below, may limit their liability in accordance with the rules of this Convention in respect of claims under Art. 2.
2. The term "shipowner" means the owner, charterer, shipowner and shipowner-manager of a seagoing vessel.
3. "Assistant" means any person who provides services in direct relation to assistance or rescue operations. These operations also include those under s. 2, para. 1, para. D), e) and f).
4. If any of the claims under s. 2 shall be made against any person whose facts, negligence and negligence lead to the liability of the owner or assistant, that person shall have the right to avail himself of the limitation of liability provided for in this Convention.
5. In this Convention the term "liability of the owner of a ship" shall include liability arising out of an action brought against the ship itself.
6. The insurer covering liability in respect of claims subject to limitation in accordance with the rules of this Convention shall be entitled to avail itself of it to the same extent as the insured person himself.
7. The fact of relying on limitation of liability does not imply recognition of that responsibility.
1. Subject to s. 3 and 4, the following claims, irrespective of the basis of liability, are subject to limitation of liability:
(2) The claims referred to in paragraph 1 shall be subject to limitation of liability even if they are the subject of an action, whether contractual or not, recuring or guaranteeing. However, the claims filed under paras. (d), (e) and (f) of s. 1 is not subject to limitation of liability to the extent that they relate to remuneration pursuant to a contract with the person in charge.
The rules of the present Convention shall not apply:
A responsible person is not entitled to limit his liability if it is proved that the damage is the result of his personal act or omission, committed with the intention of causing such damage, or recklessly and conscientiously committed That such damage would likely result.
If a person entitled to limit his liability in accordance with the rules of this Convention has against his creditor a debt arising out of the same event, their respective claims shall be compensated and the provisions of this Convention shall not Apply to the potential balance.
1. The limits of liability for claims other than those referred to in s. 7, born of the same event, shall be fixed as follows:
2. Where the amount calculated in accordance with para. (a) para. 1 is insufficient for the full settlement of the claims referred to in that paragraph, the amount calculated in accordance with para. (b) from s. 1 may be used to settle the unpaid balance of the claims referred to in para. (a) para. 1 and this unpaid balance is in competition with the claims referred to in para. (b) from s. 1.
3. However, without prejudice to the right of claims for death or bodily injury in accordance with para. 2, a State Party may stipulate in its national law that claims for damage caused to works of art in ports, basins, waterways and aids to navigation have, on the other claims referred to in para. (b) from s. 1, the priority provided for by this legislation.
4. The limits of the liability of any assistant who does not act from a ship, or any assistant acting solely on board the ship to which or in respect of which he provides assistance or rescue services, shall be calculated according to a Gauge of 1500 tons.
For the purposes of this Convention, the tonnage of the vessel shall be the gross tonnage calculated in accordance with the gauging rules set out in Annex 1 of the 1969 International Convention 1 On the gauging of vessels.
1 RS 0.747.305.412
1. In the case of claims resulting from the death or personal injury of the passengers of a ship and arising from the same event, the limit of liability of the owner of the ship shall be fixed at an amount of 46,666 units multiplied by the Number of passengers that the ship is authorized to carry in accordance with its certificate, but cannot exceed 25 million units of account.
2. For the purposes of this Article, the expression "claims resulting from the death or bodily injury of the passengers of a ship" means any claim made by any person carried on that ship or on behalf of that person:
1. The unit of account referred to in s. 6 and 7 is the Special Drawing Right as defined by the International Monetary Fund. Amounts referred to in s. 6 and 7 shall be converted into the national currency of the State in which the limitation of liability is invoked; conversion shall be effected according to the value of that currency on the date on which the fund was established, the payment made or the guarantee Equivalent provided in accordance with the law of that State. The value, in the Right of Special Drawing, of the national currency of a State Party which is a member of the International Monetary Fund shall be calculated according to the method of valuation applied by the International Monetary Fund on the date in question for its Own transactions and transactions. The value, in the Special Drawing Right, of the national currency of a State Party which is not a member of the International Monetary Fund shall be calculated in the manner determined by that State Party.
2. However, States which are not members of the International Monetary Fund and whose legislation does not permit the application of the provisions of s. 1 may, at the time of signature without reservation as to ratification, acceptance or approval, or at the time of ratification, acceptance, approval or accession, or at any time thereafter, declare that the Limits of liability provided for in this Convention and applicable in their territory shall be fixed as follows:
The s. 2 and 3 of Art. 6 apply accordingly to paras. (a) and (b) of this paragraph.
3. The monetary unit referred to in subs. 2 corresponds to sixty-five and a half milligrams of gold in the title of nine hundred thousandths of the end. The conversion into national currency of the amounts indicated in par. 2 shall be carried out in accordance with the legislation of the State concerned.
4. The calculation referred to in the last sentence of s. 1 and the conversion referred to in s. 3 must be made in such a way as to express in the national currency of the State Party the same real value, to the extent possible, that expressed in units of account in art. 6 and 7. At the time of signature without reservation as to the ratification, acceptance or approval, or at the time of deposit of the instrument referred to in Art. 16, and each time a change occurs in their method of calculation or in the value of their national currency in relation to the unit of account or monetary unit, the States Parties shall communicate to the depositary their method of calculation As per s. 1, or the results of the conversion in accordance with paragraph 1. 3, as applicable.
1. The limits of liability determined under s. 6 apply to all claims arising from the same event:
2. The limits of liability determined under s. 7 applies to all claims that may arise from the same event in respect of the person or persons referred to in s. 2 of Article 1 in respect of the ship to which reference is made to s. 7 and any person whose facts, negligence or misconduct lead to the liability of the person or the person concerned.
1. Limitation of liability may be invoked even if the limitation fund referred to in s. 11 has not been constituted. However, a State Party may stipulate in its national law that where an action is brought before its courts in order to obtain payment of a claim subject to limitation, a responsible person may not invoke the right to limit his Liability if a limitation fund has been established in accordance with the provisions of this Convention or is constituted where the right to limit liability is invoked.
2. If the limitation of liability is invoked without the creation of a limitation fund, the provisions of Art. 12 apply to the rider.
(3) The rules of procedure concerning the application of this Article shall be governed by the national law of the State Party in which the action is brought.
(1) Any person whose responsibility may be called into question may constitute a fund with the court or any other competent authority of any State Party in which an action is taken in respect of claims subject to limitation. The Fund shall be made up of the amount as calculated in accordance with the provisions of Art. 6 and 7 applicable to claims of which this person may be liable, increased interest accrued from the date of the event giving rise to liability up to that of the establishment of the fund. Any such fund shall be available only to settle claims in respect of which the limitation of liability may be invoked.
2. A fund may be constituted either by recording the sum or by providing a guarantee acceptable under the legislation of the State Party in which the fund is constituted and considered adequate by the court or by any other Competent authority.
3. A fund set up by one of the persons mentioned in paras. (a), (b) or (c) of s. 1 or a par. 2 of the art. 9, or by its insurer, is deemed to be constituted by all persons referred to in s. (a), (b) or (c) of s. 1 or a par. 2, respectively.
Subject to the provisions of subs. 1, 2 and 3 of Art. 6 and those of s. 7, the fund is distributed among the creditors in proportion to the amount of their claims against the fund.
2. If, before the distribution of the fund, the responsible person, or its insurer, has settled a claim against the fund, that person is subrogated to the amount that it has paid, in the rights that the beneficiary of that settlement would have Under this Convention.
3. The right of subrogation under subs. 2 may also be exercised by persons other than those mentioned above, for any amount that they would have paid as compensation, but only to the extent that such subrogation is permitted by the applicable national law.
4. If the person in charge or any other person establishes that the person may subsequently be obliged to pay all or part of the payment in whole or in part as compensation for which he would have enjoyed a right of subrogation under the By. 2 and 3 if that amount had been paid before the distribution of the fund, the court or any other competent authority of the State in which the fund is constituted may order that a sufficient sum be provisionally reserved for that purpose Person to subsequently enforce his or her rights against the fund.
1. If a limitation fund has been established in accordance with s. 11, no person who has filed a claim against the fund may be permitted to exercise rights in respect of that debt on other property of a person by or on behalf of which the fund has been constituted.
2. After the establishment of a limitation fund in accordance with Art. 11, any ship or other property belonging to a person on whose behalf the fund has been constituted, which has been seized in the jurisdiction of a State Party for a claim which may be opposed to the fund, or any guarantee provided, may be the subject of Of a release ordered by the court or any other competent authority of that State. However, this release is always ordered if the limitation fund has been established:
3. The provisions of s. 1 and 2 apply only if the creditor can produce a claim against the limitation fund before the court administering that fund and if the latter is actually available and freely transferable in respect of that debt.
Subject to the provisions of this Chapter, the rules on the constitution and distribution of a limitation fund, together with any rules of procedure in relation to them, shall be governed by the law of the State Party in which the Fund is constituted.
(1) This Convention shall apply whenever a person referred to in Article 1 seeks to limit his or her liability to the court of a State Party, attempts to have a ship or other seized property seized or to be lifted Other security provided to the court of that State. Nevertheless, any State Party shall have the right to exclude wholly or partly from the application of this Convention any person referred to in Article 1 which has not, at the time when the provisions of this Convention are invoked Before the courts of that State, its habitual residence or principal place of business in one of the States Parties or whose ship it invokes the right to limit its liability or for which it wishes to obtain the release, does not beats, To the above mentioned date, the flag of one of the States Parties.
2. A State Party may stipulate according to express provisions of its national law that the limitation of liability regime applies to ships which are:
A State Party which makes use of the faculty provided for in this paragraph shall notify the depositary of the limits of liability adopted in its national law or the fact that such limits are not provided for.
A State Party may stipulate under express provisions of its national law that the system of limitation of liability shall apply to claims arising from events in which the interests of persons who are nationals Other States Parties are in no way involved.
4. The courts of a State Party shall not apply this Convention to ships constructed or adapted for drilling operations when performing such operations:
In the case where para. (a) above, that State shall inform the depositary accordingly.
5. This Convention shall not apply to:
1. This Convention shall be open for signature by all States at the headquarters of the Intergovernmental Consultative Organization for Marine Navigation 1 (hereinafter referred to as "the Organization") Of 1 Er February 1977 to 31 December 1977 and remains open for accession.
2. All States may become Parties to this Convention by:
3. The ratification, acceptance, approval or accession shall be effected by the deposit of an instrument in due form with the Secretary-General of the Organization (hereinafter referred to as "the Secretary-General").
1 Since 22 May 1982, the Organization has been named "International Maritime Organization".
(1) This Convention shall enter into force on the first day of the month following the expiration of a period of one year from the date on which twelve States have signed without reservation as to ratification, acceptance or approval, or Deposited an appropriate instrument of ratification, acceptance, approval or accession.
2. For a State which deposits an instrument of ratification, acceptance or approval of the Convention or accession to it or which signs without reservation as to the ratification, acceptance or approval after the conditions governing The entry into force of the Convention has been complied with but before the date of its entry into force, ratification, acceptance, approval or accession or signature without reservation as to ratification, acceptance or approval shall take effect On the date of entry into force of the Convention or on the first day of the month following the Ninetieth day after the date of signature or deposit of the instrument, whichever is later.
3. For any State which subsequently becomes a Party to this Convention, the Convention shall enter into force on the first day of the month following the expiration of a period of ninety days from the date on which that State deposited its Instrument.
4. As regards relations between States which ratify, accept, approve or accede to this Convention, this Convention replaces and repeals the International Convention on the Limitation of the Liability of Owners of Ships, made in Brussels on 10 October 1957 1 And the International Convention for the Unification of Certain Rules Relating to the Limitation of the Liability of Owners of Seagoing Ships, signed at Brussels on 25 August 1924.
1 RS 0.747.331.52
(1) Any State may, upon signature, ratification, acceptance, approval or accession, reserve the right to exclude the application of paras. (d) and (e) of Art. 1 of Art. 2. No other reservation relating to a substantive issue of this Convention shall be admissible.
2. A reservation made at the time of signature must be confirmed upon ratification, acceptance or approval.
3. Any State which has made a reservation in respect of this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. This withdrawal shall take effect on the date on which the notification is received. If it is indicated in the notification that the withdrawal of a reservation will take effect on a date specified and that date is later than the date of receipt of the notification by the Secretary-General, the withdrawal shall take effect on the date Specified.
(1) This Convention may be terminated by any of the Parties at any time after one year from the date on which the Convention enters into force in respect of that Party.
2. Denunciation shall be effected by the deposit of an instrument with the Secretary-General.
(3) Denunciation shall take effect on the first day of the month following the expiration of one year from the date of the deposit of the instrument or at the expiration of any longer period that may be specified in that instrument.
(1) The Organization may convene a conference to revise or amend this Convention.
2. The Organization shall convene a Conference of the States Parties to this Convention with the object of revising or amending it at the request of at least one third of the Parties.
3. Any instrument of ratification, acceptance, approval or accession deposited after the date of entry into force of an amendment to this Convention shall be deemed to apply to the amended text of the Convention, unless a contrary provision Is not specified in the device.
(1) Notwithstanding the provisions of s. 20, a conference for the sole purpose of reviewing the amounts set out in s. 6 and 7 and para. 2 of the art. 8, or replace any of the two units defined to s. 1 and 2 of Art. 8, by other units, shall be convened by the Organization in accordance with subs. 2 and 3 of this article. The revision of the amounts is only made following a significant change in their actual value.
2. The Organization shall convene the Conference at the request of at least one-quarter of the States Parties.
The decision to revise the amounts or replace the units by other units shall be taken by a two-thirds majority of the States Parties present and voting at that conference.
4. Any State which deposits its instrument of ratification, acceptance, approval or accession to the Convention after the entry into force of an amendment shall apply the Convention as amended.
This Convention shall be deposited with the Secretary-General.
2. The Secretary-General:
On the entry into force of this Convention, the Secretary-General shall send a certified copy to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Convention. Charter of the United Nations 1 .
This Convention shall be established in a single original in the English, Spanish, French and Russian languages, each text being equally authentic.
In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.
Done at London this nineteen November mil nine hundred seventies.
(Suivent signatures)
States Parties |
Ratification Accession (A) |
Entry into force |
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Albania |
7 June |
2004 A |
1 Er October |
2004 |
Algeria |
August 4 |
2004 A |
1 Er December |
2004 |
Antigua and Barbuda |
12 October |
2009 A |
1 Er February |
2010 |
Australia |
20 February |
1991 A |
1 Er June |
1991 |
Azerbaijan |
July 16 |
2004 A |
1 Er November |
2004 |
Bahamas |
7 June |
1983 A |
1 Er December |
1986 |
Barbados |
6 May |
1994 A |
1 Er September |
1994 |
Belgium * |
15 June |
1989 A |
1 Er October |
1989 |
Benin |
1 Er November |
1985 A |
1 Er December |
1986 |
Bulgaria |
4 July |
2005 A |
1 Er November |
2005 |
China * |
||||
Hong Kong * A |
5 June |
1997 |
1 Er July |
1997 |
Cyprus |
December 23 |
2005 A |
1 Er April |
2006 |
Congo (Brazzaville) |
7 September |
2004 A |
1 Er January |
2005 |
Croatia |
2 March |
1993 A |
1 Er June |
1993 |
Dominica |
August 31 |
2001 A |
4 December |
2001 |
Egypt |
30 March |
1988 A |
1 Er July |
1988 |
United Arab Emirates |
19 November |
1997 A |
1 Er March |
1998 |
Spain |
13 November |
1981 |
1 Er December |
1986 |
Estonia * |
23 October |
2002 A |
1 Er February |
2003 |
France * |
1 Er July |
1981 |
1 Er December |
1986 |
Georgia |
20 February |
1996 A |
1 Er June |
1996 |
Greece |
3 July |
1991 A |
1 Er November |
1991 |
Equatorial Guinea |
24 April |
1996 A |
1 Er August |
1996 |
Guyana |
10 December |
1997 A |
1 Er April |
1998 |
Hungary |
4 July |
2008 A |
1 Er November |
2008 |
Cook Islands |
12 March |
2007 A |
1 Er July |
2007 |
Marshall Islands |
29 November |
1994 A |
1 Er March |
1995 |
India |
August 20 |
2002 A |
1 Er December |
2002 |
Ireland * |
24 February |
1998 A |
1 Er June |
1998 |
Jamaica |
August 17 |
2005 A |
1 Er December |
2005 |
Kiribati |
5 February |
2007 A |
1 Er June |
2007 |
Latvia |
July 13 |
1999 A |
1 Er November |
1999 |
Liberia |
17 February |
1981 A |
1 Er December |
1986 |
Lithuania |
3 March |
2004 A |
1 Er July |
2004 |
Luxembourg |
21 November |
2005 |
1 Er March |
2006 |
Mauritius |
17 December |
2002 A |
1 Er April |
2003 |
Mexico |
13 May |
1994 A |
1 Er September |
1994 |
Mongolia |
28 September |
2011 A |
1 Er January |
2012 |
Nigeria |
24 February |
2004 A |
1 Er June |
2004 |
Niue |
27 June |
2012 A |
1 Er October |
2012 |
Norway * |
30 March |
1984 |
1 Er December |
1986 |
New Zealand B |
February 14 |
1994 A |
1 Er June |
1994 |
Poland * |
28 April |
1986 A |
1 Er December |
1986 |
Romania |
12 March |
2007 A |
1 Er July |
2007 |
Saint Lucia |
20 May |
2004 A |
1 Er September |
2004 |
Samoa |
18 May |
2004 A |
1 Er September |
2004 |
Sierra Leone |
26 July |
2001 A |
1 Er November |
2001 |
Singapore * |
24 January |
2005 A |
1 Er May |
2005 |
Switzerland * |
15 December |
1987 A |
1 Er April |
1988 |
Syria |
2 September |
2005 A |
1 Er June |
2006 |
Tonga |
18 September |
2003 A |
1 Er January |
2004 |
Trinidad and Tobago |
6 March |
2000 A |
1 Er July |
2000 |
Turkey |
6 March |
1998 A |
1 Er July |
1998 |
Tuvalu |
12 January |
2009 A |
1 Er May |
2009 |
Vanuatu |
September 14 |
1992 A |
1 Er January |
1993 |
Yemen C |
6 March |
1979 A |
1 Er December |
1986 |
* |
Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English can be found at the International Maritime Organization (IMO) website: www.imo.org or obtained at the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne. |
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A |
From 1 Er From December 1986 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. According to the Chinese declaration of 5 June 1997, the Convention is also applicable to the Hong Kong SAR as from 1 July 1997 |
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B |
Not applicable to Tokelau. |
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C |
22.05.1990: Unification of the Yemen Arab Republic and the People's Democratic Republic of Yemen in the Republic of Yemen. |
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The Federal Council states, referring to Art. 8, para. 1 and 4, of the 1976 Convention on Limitation of Liability for Maritime Claims, which Switzerland calculates in the following manner the value in the Special Drawing Right (SDR) of its national currency:
The Swiss National Bank (SNB) reports daily to the International Monetary Fund (IMF) the average price of the United States dollar in the foreign exchange market in Zurich. The counter-value in Swiss francs of a SDR is determined on the basis of the dollar price and the SDR price, as calculated by the IMF. Based on these values, the SNB calculates an average course of SDRs to be published in its Monthly Bulletin.
1 RO 1988 1614
2 RO 1988 1615, 1990 1564, 2005 1603, 2007 4773, 2008 4199, 2013 2491. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).