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Limitation of liability - Hill Dickinson

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Convention on <strong>Limitation</strong> <strong>of</strong> Liability for Maritime Claims 1976<br />

7. Claims excepted<br />

from limitation.<br />

Article 3<br />

Claims for salvage (including claims for special compensation<br />

under Art. 14 International Convention on Salvage as amended)<br />

or contribution in General Average.<br />

Oil pollution damage as defined by the CLC or any<br />

amendment/Protocol there<strong>of</strong>.<br />

Claims subject to any International or National law governing<br />

<strong>liability</strong> for nuclear damage.<br />

Claims against a nuclear ship for nuclear damage.<br />

Claims by servants <strong>of</strong> Owner or salvor where statute or the contract<br />

<strong>of</strong> service does not allow Owner to limit his <strong>liability</strong>, or where by<br />

such law <strong>liability</strong> can only be limited to an amount greater than<br />

provided under Art.6.<br />

8. Powers <strong>of</strong> exclusion<br />

Article 15.3bis<br />

Under the 1996 Protocol, a new provision has been introduced which<br />

allows a State Party to regulate by special provisions <strong>of</strong> national law,<br />

the system <strong>of</strong> <strong>liability</strong> to be applied to claims for loss <strong>of</strong> life/personal<br />

injury for passengers on a ship - provided that such amended limit is<br />

not lower than that prescribed in Article 7 <strong>of</strong> the 1976 Convention as<br />

amended by the 1996 Protocol.<br />

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