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Malaysia
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Tonnage Limitation Calculator

(Limitation Convention 1957 Original Convention Limits)

Based on the original text of the International Convention relating to the limitation of the liability of owners of sea-going ships (with protocol of signature), concluded at Brussels on 10 October 1957. This calculator does not take into account the amendments made to the Convention by the 1979 SDR Protocol.

Important Notes:

  • The limitation is available only in respect of seagoing ships (Art. 1(1)).
  • Liability in respect of personal claims and property claims are covered (Art. 1(1)).
  • Personal claims are: loss of life/personal injury is covered (Arts. 1(2)).
  • Property claims are: (i) loss of/damage to property, (ii) removal of wreck or raising/removal/destruction of a sunk ship, and (iii) damage to harbour works/basins/navigable waterways are covered (Arts. 1(1) and (2)).
  • The limitation is lost if the occurrence "resulted from the actual fault or privity of the owner" (Art. 1(1)). Note: in common law jurisdictions, likely, the burden is on the person opposing the limitation to prove the said fault or privity, while the Convention leaves it to lex fori (Art. 1(6)). This is different from the position in s 503 UK Merchant Shipping Act 1894 (as amended by Merchant Shipping (Liability of Shipowners and Others) Act 1958 (now repealed), where the burden to prove no such fault or privity was on the person claiming limitation.
  • The limitation is not available in salvage and general average contribution claims, and claims by the Master or crew members or servants of the shipowner if the law governing the contract of service does not permit limitation or permits limitation to a lower sum (Art. 1(4)).
  • Any counterclaim of the owner, arising from the same occurrence, is set off against the claim, and the limitation is applied on the net balance of the amount (Art. 1(5)).
  • The act of invoking limitation does not constitute an admission (Art. 1(7)).
  • The limitation is available to the ship, her owner, charterer, manager and operator, and to the master, crew members other servants of the owner, charterer, manager or operator acting in the course of their employment (Art. 6).
  • The limitation applies to the aggregate of personal and property claims arising from a “distinct occasion” (Art. 2(1)).
  • Limits are stated in Gold Francs (Art. 3). A Gold Franc is equivalent to 65.5 milligrams of gold of millesimal fineness 900 (Art. 3(6)).
  • If a ship's tonnage is less than 300 tons, the ship will be deemed to be 300 tons (Art. 3(5)). Note: This is so irrespective of whether the claim is a personal or property one, and is different from s 503 UK Merchant Shipping Act 1894 (as amended by Merchant Shipping (Liability of Shipowners and Others) Act 1958 (now repealed) where the minimum 300 tons basis applies only to personal claims.
  • In the case of steamships or other mechanically propelled ships there shall be taken the net tonnage with the addition of the amount deducted from the gross tonnage on account of engine room space for the purpose of ascertaining the net tonnage (Art. 3(7)).
  • In the case of all other ships there shall be taken the net tonnage (Art. 3(7)).

Copyright:

  • Copyright © Dr. Arun Kasi.

Disclaimer:

  • This calculator is for informational purposes only and does not constitute legal advice. We accept no responsibility for the calculation and the law stated here. Users must independently verify all information and consult with qualified legal professionals.