We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

THE EFFECT OF EUROPEAN REGULATIONS ON THE JURISDICTION AND APPLICABLE LAW FOR LIMITATION OF LIABILITY PROCEEDINGS

Lloyd's Maritime and Commercial Law Quarterly

THE EFFECT OF EUROPEAN REGULATIONS ON THE JURISDICTION AND APPLICABLE LAW FOR LIMITATION OF LIABILITY PROCEEDINGS

Michael N Tsimplis*

This paper discusses jurisdiction and applicable law in limitation proceedings. It is argued that limitation proceedings can be categorised into at least three separate groups: proceedings determining the right to limit liability itself; proceedings concerning the establishment of the limitation fund; and proceedings for the release of secured assets after a limitation fund has been established. 1 The analysis of the three limitation Conventions supports such distinction and suggests that the LLMC 1996 Convention 2 does not contain jurisdictional rules in respect of the first category but contains jurisdictional rules in respect of the establishment of the limitation fund. These rules are not uniform between Contracting States and are discretionary in character. Accordingly, we conclude that the jurisdictional arrangements contained in the international Conventions are too weak and, by virtue of Art 71, are insufficiently clear to override the other jurisdictional provisions of Brussels I. The law applicable to limitation of liability with respect to non-contractual obligations under the operation of the Rome II Regulation 3 is also discussed. The English law position, that the limitation law applicable was that of the forum, appears to have been changed by Rome II. It is concluded that the operation of the international limitation regimes is likely to be disrupted.

1. INTRODUCTION

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more

Informa UK Limited is a company registered in England and Wales with company number 1072954 whose registered office is 5 Howick Place, London, SW1P 1WG. VAT GB365462636. Informa UK Limited is part of Informa PLC.

Lloyd's List Group is a trading division of Informa UK Limited, a company registered in England and Wales with company number 1072954 whose registered office is 5 Howick Place, London, SW1P 1WG. VAT GB365462636. Informa UK Limited is part of Informa PLC. Lloyd's is the registered trademark of the Society incorporated by the Lloyd's Act 1871 by the name of Lloyd's.