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International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996
[Preamble]
Chapter I - General Provisions
Definitions
Article 1
Annexes
Article 2
Scope of application
Article 3
Article 4
Article 5
Duties of State Parties
Article 6
Chapter II - Liability
Liability of the owner
Article 7
Incidents involving two or more ships
Article 8
Limitation of liability
Article 9
Article 10
Death and injury
Article 11
Compulsory insurance of the owner
Article 12
Chapter III - Compensation By The International Hazardous And Noxious Substances Fund (HNS Fund)
Establishment of the HNS Fund
Article 13
Compensation
Article 14
Related tasks of the HNS Fund
Article 15
Expenditure:
General provisions on contributions
Article 16
General provisions on annual contributions
Article 17
Annual contributions to the general account
Article 18
Annual contributions to separate accounts
Article 19
Initial contributions
Article 20
Reports
Article 21
Nonpayment of contributions
Article 22
Optional liability of States Parties for the payment of contributions
Article 23
Organization and administration
Article 24
Assembly
Article 25
Article 26
Article 27
Article 28
Secretariat
Article 29
Article 30
Article 31
Finances
Article 32
Voting
Article 33
Article 34
Tax exemptions and currency regulations
Article 35
Confidentiality of information
Article 36
Chapter IV - Claims And Actions
Limitation of actions
Article 37
Jurisdiction in respect of action against the owner
Article 38
Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund
Article 39
Recognition and enforcement
Article 40
Subrogation and recourse
Article 41
Supersession clause
Article 42
Chapter V - Transitional Provisions
Information on contributing cargo
Article 43
First session of the Assembly
Article 44
Chapter VI - Final Clauses
Signature, ratification, acceptance, approval and accession
Article 45
Entry into force
Article 46
Revision and amendment
Article 47
Amendment of limits
Article 48
Denunciation
Article 49
Extraordinary sessions of the Assembly
Article 50
Cessation
Article 51
Winding up of the HNS Fund
Article 52
Depositary
Article 53
Languages
Article 54
[Post Provisions]
[Post Clauses (If any: Signed; Witnessed; Done; Authentic Texts; & Deposited Clauses)]
Annexes
Annex I
Annex I - Certificate Of Insurance Or Other Financial Security In Respect Of Liability For Damage Caused By Hazardous And Noxious Substances (HNS)
Explanatory Notes:
ANNEX II - Regulations For The Calculation Of Annual Contributions To The General Account
Regulation 1
Regulation 2
Metadata
SiSU Metadata, document information
Manifest
SiSU Manifest, alternative outputs etc.
International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, IMO 1996
International Maritime Organization (IMO)
copy @ Lex Mercatoria
Chapter II - Liability
Limitation of liability
1. Where the owner, after an incident, has constituted a fund in accordance with article 9 and is entitled to limit liability:
(a) no person having a claim for damage arising out of that incident shall be entitled to exercise any right against any other assets of the owner in respect of such claim; and
(b) the court or other competent authority of any State Party shall order the release of any ship or other property belonging to the owner which has been arrested in respect of a claim for damage arising out of that incident, and shall similarly release any bail or other security furnished to avoid such arrest.
2. The foregoing shall, however, only apply if the claimant has access to the court administering the fund and the fund is actually available in respect of the claim.
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