International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter IV - Claims And Actions

Recognition and enforcement

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Article 40

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1. Any judgement given by a court with jurisdiction in accordance with article 38, which is enforceable in the State of origin where it is no longer subject to ordinary forms of review, shall be recognized in any State Party, except:

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(a) where the judgement was obtained by fraud; or

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(b) where the defendant was not given reasonable notice and a fair opportunity to present the case.

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2. A judgement recognized under paragraph 1 shall be enforceable in each State Party as soon as the formalities required in that State have been complied with. The formalities shall not permit the merits of the case to be re-opened.

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3. Subject to any decision concerning the distribution referred to in article 14, paragraph 6, any judgement given against the HNS Fund by a court having jurisdiction in accordance with article 39, paragraphs 1 and 3 shall, when it has become enforceable in the State of origin and is in that State no longer subject to ordinary forms of review, be recognized and enforceable in each State Party.

International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter I - General Provisions

Definitions

Annexes

Scope of application

Duties of State Parties

Chapter II - Liability

Liability of the owner

Incidents involving two or more ships

Limitation of liability

Death and injury

Compulsory insurance of the owner

Chapter III - Compensation By The International Hazardous And Noxious Substances Fund (HNS Fund)

Establishment of the HNS Fund

Compensation

Related tasks of the HNS Fund

Expenditure:

General provisions on contributions

General provisions on annual contributions

Annual contributions to the general account

Annual contributions to separate accounts

Initial contributions

Reports

Non­payment of contributions

Optional liability of States Parties for the payment of contributions

Organization and administration

Assembly

Secretariat

Finances

Voting

Tax exemptions and currency regulations

Confidentiality of information

Chapter IV - Claims And Actions

Limitation of actions

Jurisdiction in respect of action against the owner

Jurisdiction in respect of action against the HNS Fund or taken by the HNS Fund

Recognition and enforcement

Subrogation and recourse

Supersession clause

Chapter V - Transitional Provisions

Information on contributing cargo

First session of the Assembly

Chapter VI - Final Clauses

Signature, ratification, acceptance, approval and accession

Entry into force

Revision and amendment

Amendment of limits

Denunciation

Extraordinary sessions of the Assembly

Cessation

Winding up of the HNS Fund

Depositary

Languages

[Post Provisions]

Annexes

Annex I

ANNEX II - Regulations For The Calculation Of Annual Contributions To The General Account

Metadata

Manifest

International Convention on Liability And Compensation for Damage in Connection with the Carriage of Hazardous And Noxious Substances By Sea, IMO 1996

Chapter IV - Claims And Actions

Recognition and enforcement

Article 40

Nonpayment of contributions