LLMC CONVENTION PDF

Prompted by the amendments to increase the limits of liability in the Protocol to the Convention on Limitation of Liability for Maritime Claims LLMC that were adopted in April and which take effect in June , this article takes a retrospective look at the developments in limitation regimes mainly since the entry into force of the LLMC ; summarises the changes and discusses the reasons for them. The unit of measurement for monetary liability used is the Special Drawing Right SDR which is an interest-bearing international reserve asset created by the IMF in It should be noted that the SDR is not a currency but is based on a basket of international currencies comprising the US dollar, Japanese yen, euro and pound sterling. Limitation provisions can also be found in other international conventions such as the International Convention on Civil Liability for Oil Pollution Damage, the package limitations provided by the Hague and Hague-Visby Rules in relation to cargo claims and by the Athens Convention in relation to claims by individual passengers.

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The LLMC Convention applies to claims for loss of life and personal injury, as well as loss of or damage to property. It also applies to pollution damage where no other Convention applies.

Currently the only other relevant Conventions which apply in Australia are:. However, along with nine other countries, Australia has lodged a reservation excluding the application of that part of the LLMC Convention. The effect of the reservation in Australia is that a shipowner is liable for all expenses associated with the removal of a wreck.

The LLMC Convention does not impose strict liability to pay compensation for damage on the shipowner. Under the LLMC Convention, the shipowner's liability limit is calculated based on the size of the ship. The liability limits set out in the LLMC Convention in respect of claims for property damage are as follows:.

The liability limits in respect of claims for loss of life or personal injury are twice the limits that apply in respect of property claims. There is a separate liability limit applying in respect of claims for loss of life or personal injury to passengers of a ship.

In this case, the liability limit is , SDR multiplied by the number of passengers which the ship is authorised to carry. Currently the only other relevant Conventions which apply in Australia are: the International Convention on Civil Liability for Oil Pollution Damage and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage which together establish a comprehensive liability and compensation regime applying to pollution damage resulting from the escape or discharge of oil from oil tankers; and the International Convention on Civil Liability for Bunker Oil Pollution Damage which establishes a liability and compensation regime applying to pollution damage resulting from the escape or discharge of bunker or fuel oil from ships other than oil tankers.

The liability limits set out in the LLMC Convention in respect of claims for property damage are as follows: one million Special Drawing Rights SDR for a ship with a gross tonnage not exceeding 2,; for a ship with a gross tonnage in excess of 2,, the following additional amount: for each ton from 2, to 30, tons, SDR; for each ton from 30, to 70, tons, SDR; and for each ton in excess of 70, tons, SDR.

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Convention on Limitation of Liability for Maritime Claims

Having Recognized the desirability of determining by agreement certain uniform rules relating to the limitation of liability for maritime claims,. 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. The term "shipowner" shall mean the owner, charterer, manager and operator of a seagoing ship. Salvor shall mean any person rendering services in direct connexion with salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1 d , e and f.

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LLMC 1996, 2012 amendment. FAQs

The LLMC Convention applies to claims for loss of life and personal injury, as well as loss of or damage to property. It also applies to pollution damage where no other Convention applies. Currently the only other relevant Conventions which apply in Australia are:. However, along with nine other countries, Australia has lodged a reservation excluding the application of that part of the LLMC Convention. The effect of the reservation in Australia is that a shipowner is liable for all expenses associated with the removal of a wreck. The LLMC Convention does not impose strict liability to pay compensation for damage on the shipowner. Under the LLMC Convention, the shipowner's liability limit is calculated based on the size of the ship.

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