convention on limitation of marine claims

1. LLMC 1967
CONVINTION ON
LIMITATION OF
LAIBILTY OF
MARINE CLAMIS
‫ع‬ ‫المسؤولية‬ ‫بتحديد‬ ‫الخاصة‬ ‫االتفاقية‬
‫ن‬
‫البحرية‬ ‫المطالبات‬
CAPT AMIN QAWASMEH

2. Introduction for LLMC 1976 convention
This convention was adopted on 19th November 1976 and entered into force on 1st December 1986
The limitations of liability come into existence with two set up and cover the claims
1- Loss of life
2- dangerous to the property
And to limit the amount of compensation that would be required to be paid by the ship owner

3. Persons entitled to limit liability
1- Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of
this Convention for claims set out in Article 2.
‫يجوز‬
‫لمالكي‬
‫السفن‬
‫والمنقذين‬
،
‫على‬
‫النحو‬
‫المحدد‬
‫فيما‬
‫بعد‬
،
‫تقييد‬
‫مسؤوليتهم‬
‫ا‬ً‫ق‬‫وف‬
‫لقواعد‬
‫هذه‬
‫االتفاقية‬
‫عن‬
‫المطالبات‬
‫المنصوص‬
‫عليها‬
‫ف‬
‫ي‬
‫المادة‬ 2
2- The term "shipowner" shall mean the owner, charterer, manager, and operator of a seagoing ship.
‫يعني‬
‫مصطلح‬ " ‫مالك‬
‫السفينة‬ " ‫المالك‬
‫والمستأجر‬
‫والمدير‬
‫والمشغل‬
‫للسفينة‬
‫البحرية‬ .
3- Salvor shall mean any person rendering services in direct connexon with salvage operations.
Salvage operations shall also include operations referred to in Article 2, paragraphs 1(d), €, and (f).
4- claims against the shipowner of a nuclear ship for nuclear damage;

4. 5- claims by servants of the shipowner or salvor whose duties are connected with the ship or the salvage
operations, including claims of their heirs, dependents, or other persons entitled to make such claims, if
under the law governing the contract of service between the shipowner or salvor and such servants the
shipowner or salvor is not entitled to limit 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 for in Article 6.
‫أو‬ ‫ورثتهم‬ ‫مطالبات‬ ‫ذلك‬ ‫في‬ ‫بما‬ ، ‫اإلنقاذ‬ ‫عمليات‬ ‫أو‬ ‫بالسفينة‬ ‫واجباتهم‬ ‫ترتبط‬ ‫الذين‬ ‫المنقذ‬ ‫أو‬ ‫السفينة‬ ‫مالك‬ ‫موظفي‬ ‫قبل‬ ‫من‬ ‫المطالبات‬
‫الم‬
‫ع‬
‫أو‬ ‫الين‬
‫ال‬ ‫أو‬ ‫السفينة‬ ‫مالك‬ ‫بين‬ ‫الخدمة‬ ‫عقد‬ ‫يحكم‬ ‫الذي‬ ‫القانون‬ ‫بموجب‬ ‫ذلك‬ ‫كان‬ ‫إذا‬ ، ‫المطالبات‬ ‫هذه‬ ‫مثل‬ ‫تقديم‬ ‫لهم‬ ‫يحق‬ ‫الذين‬ ‫اآلخرين‬ ‫األشخاص‬
‫منق‬
‫ذ‬
‫القانون‬ ‫هذا‬ ‫بموجب‬ ‫له‬ ‫يسمح‬ ‫كان‬ ‫إذا‬ ‫أو‬ ، ‫المطالبات‬ ‫بهذه‬ ‫يتعلق‬ ‫فيما‬ ‫مسؤوليته‬ ‫تحديد‬ ‫المنقذ‬ ‫أو‬ ‫السفينة‬ ‫لمالك‬ ‫يحق‬ ‫ال‬ ، ‫الخدم‬ ‫وهؤالء‬
‫فق‬
‫بال‬ ‫ط‬
‫حد‬
‫المادة‬ ‫في‬ ‫عليه‬ ‫المنصوص‬ ‫المبلغ‬ ‫من‬ ‫أكبر‬ ‫مبلغ‬ ‫إلى‬ ‫مسؤوليته‬ ‫من‬
6
.

5. Limits of liability
Article 6
The general limits
1. The limits of liability for claims other than those mentioned in Article 7, arising on any distinct
occasion, shall be calculated as follows:
for each ton in excess of 70,000 tons, 400 Units of Account

6. for a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i):
• for each ton from 2,001 to 30,000 tons, 800 Units of Account
• for each ton from 30,001 to 70,000 tons, 600 Units of Account; and
• for each ton in excess of 70,000 tons, 400 Units of Account
B- in respect of any other claims,
1 million Units of Account for a ship with a tonnage not exceeding 2,000 tons
or a ship with a tonnage in excess thereof, the following amount in addition to that mentioned in (i)
for each ton from 2,001 to 30,000 tons, 400 Units of Account
for each ton from 30,001 to 70,000 tons, 300 Units of Account; and
for each ton from 2,001 to 30,000 tons, 400 Units of Account

7. International Convention on Civil Liability for
Bunker Oil Pollution Damage (BUNKER)
Adoption: 23 March 2001; Entry into force: 21 November 2008
The Convention was adopted to ensure that adequate, prompt, and effective compensation is available to persons who
suffer damage caused by spills of oil when carried as fuel in ships' bunkers
The Convention applies to damage caused on the territory, including the territorial sea, and in exclusive economic
zones of States Parties
The bunkers convention provides a free-standing instrument covering pollution damage only

8. "Pollution damage" means:
A. loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil from
the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the
environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of
reinstatement actually undertaken or to be undertaken; and
B. the costs of preventive measures and further loss or damage caused by preventive measures.

9. The convention is modeled on the International Convention on Civil Liability for Oil Pollution Damage, 1969. As with that convention, a
key requirement in the bunkers convention is the need for the registered owner of a vessel to maintain compulsory insurance cover.
Another key provision is the requirement for direct action - this would allow a claim for compensation for pollution damage to be brought
directly against an insurer. The Convention requires ships over 1,000 gross tonnages to maintain insurance or other financial security,
such as the guarantee of a bank or similar financial institution, to cover the liability of the registered owner for pollution damage in an
amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases, not exceeding an
amount calculated in accordance with the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.*