Convention on Limitation of Liability for Maritime Claims, 1976

London, 19 November 1976

as amended by

Protocol of 1996 to amend the

Convention on Limitation of Liability for Maritime Claims
of 19 November 1976
London, 2 May 1996

THE STATES PARTIES TO THIS 6. An insurer of liability for claims subject

CONVENTION, to limitation in accordance with the rules of
this Convention shall be entitled to the
HAVING RECOGNIZED the desirability of benefits of this Convention to the same
determining by agreement certain uniform extent as the assured himself.
rules relating to the limitation of liability for
maritime claims, 7. The act of invoking limitation of liability
shall not constitute an admission of
HAVE DECIDED to conclude a liability.
Convention for this purpose and have
thereto agreed as follows:
Article 2
CHAPTER I: THE RIGHT OF Claims subject to limitation
LIMITATION
1. Subject to Articles 3 and 4 the following
Article 1 claims, whatever the basis of liability may
Persons entitled to limit liability be, shall be subject to limitation of liability:

1. Shipowners and salvors, as hereinafter (a) claims in respect of loss of life or

defined, may limit their liability in personal injury or loss of or damage to
accordance with the rules of this property (including damage to harbour
Convention for claims set out in Article 2. works, basins and waterways and aids to
navigation), occurring on board or in direct
2. The term "shipowner" shall mean the connexion with the operation of the ship or
owner, charterer, manager and operator of with salvage operations, and
a seagoing ship. consequential loss resulting therefrom;

3. Salvor shall mean any person rendering (b) claims in respect of loss resulting from
services in direct connexion with salvage delay in the carriage by sea of cargo,
operations. Salvage operations shall also passengers or their luggage;
include operations referred to in Article 2,
paragraph 1(d), (e) and (f). (c) claims in respect of other loss resulting
from infringement of rights other than
4. If any claims set out in Article 2 are contractual rights, occurring in direct
made against any person for whose act, connexion with the operation of the ship or
neglect or default the shipowner or salvor salvage operations;
is responsible, such person shall be
entitled to avail himself of the limitation of (d) claims in respect of the raising,
liability provided for in this Convention. removal, destruction or the rendering
harmless of a ship which is sunk, wrecked,
5. In this Convention the liability of a stranded or abandoned, including anything
shipowner shall include liability in an that is or has been on board such ship;
action brought against the vessel itself.
 2

(e) claims in respect of the removal, to an amount greater than that provided
destruction or the rendering harmless of for in Article 6.
the cargo of the ship;

(f) claims of a person other than the Article 4

person liable in respect of measures taken Conduct barring limitation
in order to avert or minimize loss for which
the person liable may limit his liability in A person liable shall not be entitled to limit
accordance with this Convention, and his liability if it is proved that the loss
further loss caused by such measures. resulted from his personal act or omission,
committed with the intent to cause such
2. Claims set out in paragraph 1 shall be loss, or recklessly and with knowledge that
subject to limitation of liability even if such loss would probably result.
brought by way of recourse or for
indemnity under a contract or otherwise.
However, claims set out under paragraph Article 5
1(d), (e) and (f) shall not be subject to Counterclaims
limitation of liability to the extent that they
relate to remuneration under a contract Where a person entitled to limitation of
with the person liable. liability under the rules of this Convention
has a claim against the claimant arising
Article 3 out of the same occurrence, their
Claims excepted from limitation respective claims shall be set off against
each other and the provisions of this
The rules of this Convention shall not Convention shall only apply to the
apply to: balance, if any.

(a) claims for salvage, including, if

applicable, any claim for special CHAPTER II: LIMITS OF LIABILITY
compensation under Article 14 of the
International Convention on Salvage 1989, Article 6
as amended, or contribution in general The general limits
average;
1. The limits of liability for claims other
(b) claims for oil pollution damage within than those mentioned in Article 7, arising
the meaning of the International on any distinct occasion, shall be
Convention on Civil Liability for Oil calculated as follows:
Pollution Damage, dated 29 November
1969 or of any amendment or Protocol (a) in respect of claims for loss of life or
thereto which is in force; personal injury,

(c) claims subject to any international (i) 2 million Units of Account for a ship with
convention or national legislation a tonnage not exceeding 2,000 tons,
governing or prohibiting limitation of
liability for nuclear damage; (ii) for a ship with a tonnage in excess
thereof, the following amount in addition to
(d) claims against the shipowner of a that mentioned in (i):
nuclear ship for nuclear damage;
for each ton from 2,001 to 30,000 tons,
(e) claims by servants of the shipowner or 800 Units of Account;
salvor whose duties are connected with
the ship or the salvage operations, for each ton from 30,001 to 70,000 tons,
including claims of their heirs, dependants 600 Units of Account; and
or other persons entitled to make such
claims, if under the law governing the for each ton in excess of 70,000 tons, 400
contract of service between the shipowner Units of Account,
or salvor and such servants the shipowner
or salvor is not entitled to limit his liability (b) in respect of any other claims,
in respect of such claims, or if he is by
such law only permitted to limit his liability
 3

(i) 1 million Units of Account for a ship with an amount of 175,000 Units of Account
a tonnage not exceeding 2,000 tons, multiplied by the number of passengers
which the ship is authorized to carry
(ii) for a ship with a tonnage in excess according to the ship's certificate.
thereof, the following amount in addition to
that mentioned in (i): 2. For the purpose of this Article "claims
for loss of life or personal injury to
for each ton from 2,001 to 30,000 tons, passengers of a ship" shall mean any
400 Units of Account; such claims brought by or on behalf of any
person carried in that ship:
for each ton from 30,001 to 70,000 tons,
300 Units of Account; and (a) under a contract of passenger carriage,
or
for each ton in excess of 70,000 tons, 200
Units of Account. (b) who, with the consent of the carrier, is
accompanying a vehicle or live animals
which are covered by a contract for the
2. Where the amount calculated in carriage of goods.
accordance with paragraph 1(a) is
insufficient to pay the claims mentioned
therein in full, the amount calculated in Article 8
accordance with paragraph 1(b) shall be Unit of Account
available for payment of the unpaid
balance of claims under paragraph 1(a) 1. The Unit of Account referred to in
and such unpaid balance shall rank Articles 6 and 7 is the Special Drawing
rateably with claims mentioned under Right as defined by the International
paragraph 1(b). Monetary Fund. The amounts mentioned
in Articles 6 and 7 shall be converted into
3. However, without prejudice to the right the national currency of the State in which
of claims for loss of life or personal injury limitation is sought, according to the value
according to paragraph 2, a State Party of that currency at the date the limitation
may provide in its national law that claims fund shall have been constituted, payment
in respect of damage to harbour works, is made, or security is given which under
basins and waterways and aids to the law of that State is equivalent to such
navigation shall have such priority over payment. The value of a national currency
other claims under paragraph 1(b) as is in terms of the Special Drawing Right, of a
provided by that law. State Party which is a member of the
International Monetary Fund, shall be
4. The limits of liability for any salvor not calculated in accordance with the method
operating from any ship or for any salvor of valuation applied by the International
operating solely on the ship to, or in Monetary Fund in effect at the date in
respect of which he is rendering salvage question for its operations and
services, shall be calculated according to transactions. The value of a national
a tonnage of 1,500 tons. currency in terms of the Special Drawing
Right, of a State Party which is not a
5. For the purpose of this Convention the member of the International Monetary
ship's tonnage shall be the gross tonnage Fund, shall be calculated in a manner
calculated in accordance with the tonnage determined by that State Party.
measurement rules contained in Annex I
of the International Convention on 2. Nevertheless, those States which are
Tonnage Measurement of Ships, 1969. not members of the International Monetary
Fund and whose law does not permit the
application of the provisions of paragraph
Article 7 1 may, at the time of signature without
The limit for passenger claims reservation as to ratification, acceptance
or approval or at the time of ratification,
1. In respect of claims arising on any acceptance, approval or accession or at
distinct occasion for loss of life or personal any time thereafter, declare that the limits
injury to passengers of a ship, the limit of of liability provided for in this Convention
liability of the shipowner thereof shall be
 4

to be applied in their territories shall be 4. The calculation mentioned in the last

fixed as follows: sentence of paragraph 1 and the
conversion mentioned in paragraph 3 shall
(a) in respect of Article 6, paragraph 1(a), be made in such a manner as to express
at an amount of in the national currency of the State Party
as far as possible the same real value for
(i) 30 million monetary units for a ship with the amounts in Articles 6 and 7 as is
a tonnage not exceeding 2,000 tons; expressed there in units of account. States
Parties shall communicate to the
(ii) for a ship with a tonnage in excess depositary the manner of calculation
thereof, the following amount in addition to pursuant to paragraph 1, or the result of
that mentioned in (i): the conversion in paragraph 3, as the case
may be, at the time of the signature
for each ton from 2,001 to 30,000 tons, without reservation as to ratification,
12,000 monetary units; acceptance or approval, or when
depositing an instrument referred to in
for each ton from 30,001 to 70,000 tons, Article 16 and whenever there is a change
9,000 monetary units; and in either.

for each ton in excess of 70,000 tons,

6,000 monetary units; and Article 9
Aggregation of claims
(b) in respect of Article 6, paragraph 1(b),
at an amount of: 1. The limits of liability determined in
accordance with Article 6 shall apply to the
(i) 15 million monetary units for a ship with aggregate of all claims which arise on any
a tonnage not exceeding 2,000 tons; distinct occasion:

(ii) for a ship with a tonnage in excess (a) against the person or persons
thereof, the following amount in addition to mentioned in paragraph 2 of Article 1 and
that mentioned in (i): any person for whose act, neglect or
default he or they are responsible; or
for each ton from 2,001 to 30,000 tons,
6,000 monetary units; (b) against the shipowner of a ship
rendering salvage services from that ship
for each ton from 30,001 to 70,000 tons, and the salvor or salvors operating from
4,500 monetary units; and such ship and any person for whose act,
neglect or default he or they are
for each ton in excess of 70,000 tons, responsible; or
3,000 monetary units; and
(c) against the salvor or salvors who are
(c) in respect of Article 7, paragraph 1, at not operating from a ship or who are
an amount of 2,625,000 monetary units operating solely on the ship to, or in
multiplied by the number of passengers respect of which, the salvage services are
which the ship is authorized to carry rendered and any person for whose act,
according to its certificate. neglect or default he or they are
responsible.
Paragraphs 2 and 3 of Article 6 apply
correspondingly to subparagraphs (a) and 2. The limits of liability determined in
(b) of this paragraph. accordance with Article 7 shall apply to the
aggregate of all claims subject thereto
3. The monetary unit referred to in which may arise on any distinct occasion
paragraph 2 corresponds to sixty-five and against the person or persons mentioned
a half milligrammes of gold of millesimal in paragraph 2 of Article 1 in respect of the
fineness nine hundred. The conversion of ship referred to in Article 7 and any person
the amounts referred to in paragraph 2 for whose act, neglect or default he or they
into the national currency shall be made are responsible.
according to the law of the State
concerned.
 5

Article 10 or (c) or paragraph 2 of Article 9 or his

Limitation of liability without insurer shall be deemed constituted by all
constitution of a limitation fund persons mentioned in paragraph 1(a), (b)
or (c) or paragraph 2, respectively.
1. Limitation of liability may be invoked
notwithstanding that a limitation fund as
mentioned in Article 11 has not been Article 12
constituted. However, a State Party may Distribution of the fund
provide in its national law that, where an
action is brought in its Courts to enforce a 1. Subject to the provisions of paragraphs
claim subject to limitation, a person liable 1, 2 and 3 of Article 6 and of Article 7, the
may only invoke the right to limit liability if fund shall be distributed among the
a limitation fund has been constituted in claimants in proportion to their established
accordance with the provisions of this claims against the fund.
Convention or is constituted when the right
to limit liability is invoked. 2. If, before the fund is distributed, the
person liable, or his insurer, has settled a
2. If limitation of liability is invoked without claim against the fund such person shall,
the constitution of a limitation fund, the up to the amount he has paid, acquire by
provisions of Article 12 shall apply subrogation the rights which the person so
correspondingly. compensated would have enjoyed under
this Convention.
3. Questions of procedure arising under
the rules of this Article shall be decided in 3. The right of subrogation provided for in
accordance with the national law of the paragraph 2 may also be exercised by
State Party in which action is brought. persons other than those therein
mentioned in respect of any amount of
compensation which they may have paid,
CHAPTER III: THE LIMITATION FUND but only to the extent that such
subrogation is permitted under the
applicable national law.
Article 11
Constitution of the fund 4. Where the person liable or any other
person establishes that he may be
1. Any person alleged to be liable may compelled to pay, at a later date, in whole
constitute a fund with the Court or other or in part any such amount of
competent authority in any State Party in compensation with regard to which such
which legal proceedings are instituted in person would have enjoyed a right of
respect of claims subject to limitation. The subrogation pursuant to paragraphs 2 and
fund shall be constituted in the sum of 3 had the compensation been paid before
such of the amounts set out in Articles 6 the fund was distributed, the Court or other
and 7 as are applicable to claims for which competent authority of the State where the
that person may be liable, together with fund has been constituted may order that
interest thereon from the date of the a sufficient sum shall be provisionally set
occurrence giving rise to the liability until aside to enable such person at such later
the date of the constitution of the fund. date to enforce his claim against the fund.
Any fund thus constituted shall be
available only for the payment of claims in
respect of which limitation of liability can Article 13
be invoked. Bar to other actions

2. A fund may be constituted, either by 1. Where a limitation fund has been

depositing the sum, or by producing a constituted in accordance with Article 11,
guarantee acceptable under the legislation any person having made a claim against
of the State Party where the fund is the fund shall be barred from exercising
constituted and considered to be adequate any right in respect of such claim against
by the Court or other competent authority. any other assets of a person by or on
behalf of whom the fund has been
3. A fund constituted by one of the constituted.
persons mentioned in paragraph 1(a), (b)
 6

2. After a limitation fund has been invoked before the Courts of that State
constituted in accordance with Article 11, does not have his habitual residence in a
any ship or other property, belonging to a State Party or does not have his principal
person on behalf of whom the fund has place of business in a State Party or any
been constituted, which has been arrested ship in relation to which the right of
or attached within the jurisdiction of a limitation is invoked or whose release is
State Party for a claim which may be sought and which does not at the time
raised against the fund, or any security specified above fly the flag of a State
given, may be released by order of the Party.
Court or other competent authority of such
State. However, such release shall always 2. A State Party may regulate by specific
be ordered if the limitation fund has been provisions of national law the system of
constituted: limitation of liability to be applied to
vessels which are:
(a) at the port where the occurrence took
place, or, if it took place out of port, at the (a) according to the law of that State, ships
first port of call thereafter; or intended for navigation on inland
(b) at the port of disembarkation in respect waterways
of claims for loss of life or personal injury;
or (b) ships of less than 300 tons.

(c) at the port of discharge in respect of A State Party which makes use of the
damage to cargo; or option provided for in this paragraph shall
inform the depositary of the limits of
(d) in the State where the arrest is made. liability adopted in its national legislation or
of the fact that there are none.
3. The rules of paragraphs 1 and 2 shall
apply only if the claimant may bring a 3. A State Party may regulate by specific
claim against the limitation fund before the provisions of national law the system of
Court administering that fund and the fund limitation of liability to be applied to claims
is actually available and freely transferable arising in cases in which interests of
in respect of that claim. persons who are nationals of other States
Parties are in no way involved.

Article 14 3bis Notwithstanding the limit of liability

Governing law prescribed in paragraph 1 of Article 7, a
State Party may regulate by specific
Subject to the provisions of this Chapter provisions of national law the system of
the rules relating to the constitution and liability to be applied to claims for loss of
distribution of a limitation fund, and all life or personal injury to passengers of a
rules of procedure in connexion therewith, ship, provided that the limit of liability is not
shall be governed by the law of the State lower than that prescribed in paragraph 1
Party in which the fund is constituted. of Article 7. A State Party which makes
use of the option provided for in this
paragraph shall inform the Secretary-
CHAPTER IV: SCOPE OF APPLICATION General of the limits of liability adopted or
of the fact that there are none.
Article 15

1. This Convention shall apply whenever 4. The Courts of a State Party shall not
any person referred to in Article 1 seeks to apply this Convention to ships constructed
limit his liability before the Court of a State for, or adapted to, and engaged in, drilling:
Party or seeks to procure the release of a
ship or other property or the discharge of (a) when that State has established under
any security given within the jurisdiction of its national legislation a higher limit of
any such State. Nevertheless, each State liability than that otherwise provided for in
Party may exclude wholly or partially from Article 6; or
the application of this Convention any
person referred to in Article 1 who at the
time when the rules of this Convention are
 7

(b) when that State has become party to have deposited the requisite instruments
an international convention regulating the of ratification, acceptance, approval or
system of liability in respect of such ships. accession.

In a case to which sub-paragraph (a) 2. For a State which deposits an

applies that State Party shall inform the instrument of ratification, acceptance,
depositary accordingly. approval or accession, or signs without
reservation as to ratification, acceptance
5. This Convention shall not apply to: or approval, in respect of this Convention
after the requirements for entry into force
(a) air-cushion vehicles; have been met but prior to the date of
entry into force, the ratification,
(b) floating platforms constructed for the acceptance, approval or accession or the
purpose of exploring or exploiting the signature without reservation as to
natural resources of the sea-bed or the ratification, acceptance or approval, shall
subsoil thereof. 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
CHAPTER V: FINAL CLAUSES date of the signature or the deposit of the
instrument, whichever is the later date.
Article 16
Signature, ratification and accession 3. For any State which subsequently
becomes a Party to this Convention, the
1. This Convention shall be open for Convention shall enter into force on the
signature by all States at the Headquarters first day of the month following the
of the Inter-Governmental Maritime expiration of ninety days after the date
Consultative Organization (hereinafter when such State deposited its instrument.
referred to as "the Organization") from 1
February 1977 until 31 December 1977 4. In respect of the relations between
and shall thereafter remain open for States which ratify, accept, or approve this
accession. Convention or accede to it, this
Convention shall replace and abrogate the
2. All States may become parties to this International Convention relating to the
Convention by: Limitation of the Liability of Owners of
Sea-going Ships, done at Brussels on 10
(a) signature without reservation as to October 1957, and the International
ratification, acceptance or approval; or Convention for the Unification of certain
Rules relating to the Limitation of Liability
(b) signature subject to ratification, of the Owners of Sea-going Vessels,
acceptance or approval followed by signed at Brussels on 25 August 1924.
ratification, acceptance or approval; or

(c) accession. Article 18

Reservations
3. Ratification, acceptance, approval or
accession shall be effected by the deposit 1. Any State may, at the time of signature,
of a formal instrument to that effect with ratification, acceptance, approval or
the Secretary-General of the Organization accession, or at any time thereafter,
(hereinafter referred to as "the Secretary- reserve the right:
General").
(a) to exclude the application of Article 2,
paragraphs 1(d) and (e);
Article 17
Entry into force (b) to exclude claims for damage within
the meaning of the International
1. This Convention shall enter into force Convention on Liability and Compensation
on the first day of the month following one for Damage in Connection with the
year after the date on which twelve States Carriage of Hazardous and Noxious
have either signed it without reservation as Substances by Sea, 1996 or of any
to ratification, acceptance or approval or amendment or protocol thereto.
 8

approval or accession deposited shall be

No other reservations shall be admissible deemed to apply to the Convention as
to the substantive provisions of this amended, unless a contrary intention is
Convention. expressed in the instrument.

2. Reservations made at the time of Article 21

signature are subject to confirmation upon Revision of the limitation amounts and
ratification, acceptance or approval. of Unit of Account or monetary unit

3. Any State which has made a 1. Notwithstanding the provisions of Article

reservation to this Convention may 20, a Conference only for the purposes of
withdraw it at any time by means of a altering the amounts specified in Articles 6
notification addressed to the Secretary- and 7 and in Article 8, paragraph 2, or of
General. Such withdrawal shall take effect substituting either or both of the Units
on the date the notification is received. If defined in Article 8, paragraphs 1 and 2,
the notification states that the withdrawal by other units shall be convened by the
of a reservation is to take effect on a date Organization in accordance with
specified therein, and such date is later paragraphs 2 and 3 of this Article. An
than the date the notification is received by alteration of the amounts shall be made
the Secretary-General, the withdrawal only because of a significant change in
shall take effect on such later date. their real value.

2. The Organization shall convene such a

Article 19 Conference at the request of not less than
Denunciation one fourth of the States Parties.

1. This Convention may be denounced by 3. A decision to alter the amounts or to

a State Party at any time one year from substitute the Units by other units of
the date on which the Convention entered account shall be taken by a two-thirds
into force for that Party. majority of the States Parties present and
voting in such Conference.
2. Denunciation shall be effected by the
deposit of an instrument with the 4. Any State depositing its instrument of
Secretary-General. ratification, acceptance, approval or
accession to the Convention, after entry
3. Denunciation shall take effect on the into force of an amendment, shall apply
first day of the month following the the Convention as amended.
expiration of one year after the date of
deposit of the instrument, or after such
longer period as may be specified in the Article 22
instrument. Depositary

1. This Convention shall be deposited with

Article 20 the Secretary-General.
Revision and amendment
2. The Secretary-General shall:
1. A Conference for the purpose of
revising or amending this Convention may (a) transmit certified true copies of this
be convened by the Organization. Convention to all States which were
invited to attend the Conference on
2. The Organization shall convene a Limitation of Liability for Maritime Claims
Conference of the States Parties to this and to any other States which accede to
Convention for revising or amending it at this Convention;
the request of not less than one-third of
the Parties. (b) inform all States which have signed or
acceded to this Convention of:
3. After the date of the entry into force of
an amendment to this Convention, any
instrument of ratification, acceptance,
 9

(i) each new signature and each deposit of Article 23

an instrument and any reservation thereto Languages
together with the date thereof;
This Convention is established in a single
(ii) the date of entry into force of this original in the English, French, Russian
Convention or any amendment thereto; and Spanish languages, each text being
equally authentic.
(iii) any denunciation of this Convention
and the date on which it takes effect;
DONE AT LONDON this nineteenth day of
(iv) any amendment adopted in conformity November one thousand nine hundred
with Articles 20 or 21; and seventy-six.

(v) any communication called for by any IN WITNESS WHEREOF the undersigned
Article of this Convention. being duly authorized for that purpose
have signed this Convention.
3. Upon entry into force of this Convention,
a certified true copy thereof shall be
transmitted by the Secretary-General to
the Secretariat of the United Nations for
registration and publication in accordance
with Article 102 of the Charter of the
United Nations.