Authors: Konstantinos Bachxevanis

Covered in this paper:

  • Introduction
  • The Scope of the Convention
    • Bunker Convention -v- Civil Liability Convention – A comparison
    • Spatial Applicability of the Bunker Convention
    • Definition of “Ship
    • Definition of “Bunker Oil
    • Definition of “Pollution Damage”, “Preventive Measures” & “Incident
    • Time Limits in the Bunker Convention
    • Exclusions from the Application of the Bunker Convention
  • The Liability under the Bunker Convention
    • Who is liable?
    • Strict liability
    • Joint & Several Liability
    • Defences to the Shipowner
    • Immunity from other Suit but no Responders' Immunity – Salvors Beware!
    • Shipowner's Right of Recourse
  • The Compulsory Liability Insurance & the Direct action against the Insurer
    • Which Ships must be Insured?
    • Who must be Insured?
    • The level of Insurance Cover
    • Evidence of Insurance
    • Consequences if no Insurance is in place
    • Who can provide Insurance Cover?
    • Direct action against the Insurer
  • The Limitation of Liability
    • The risk of Unlimited Liability
    • The risk of Undercompensation – Dilution of the Limitation Fund
  • Jurisdiction & Enforcement of Judgments
    • Jurisdiction
    • Recognition & Enforcement
  • Conclusions

 

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