Note: Ships < 300 tons are deemed 300 tons for limitation purposes (Art. 3(5) of 1957 Convention).
Calculation Result:
Important Notes:
The 1979 Protocol particularly shifted the monetary unit of limit from Gold Franc to SDR (Art. 2(1) and 2(2), 1979 Protocol). Other than this, it also set the personal claims limit as the global limit for personal and property claims (Art. 2(c), 1979 Protocol).
The limitation is available only in respect of seagoing ships (Art. 1(1), 1957 Convention).
Liability in respect of personal claims and property claims are covered (Art. 1(1), 1957 Convention).
Personal claims are: loss of life/personal injury is covered (Arts. 1(2), 1957 Convention).
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), 1957 Convention).
The limitation is lost if the occurrence "resulted from the actual fault or privity of the owner" (Art. 1(1), 1957 Convention). 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), 1957 Convention). 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s 503 UK Merchant Shipping Act 1894 (as amended by Merchant Shipping (Liability of Shipowners and Others) Act 1958 (now repealed) where the burden to prove no such fault or privity was on the person claiming limitation.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), 1957 Convention).
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), 1957 Convention).
The act of invoking limitation does not constitute an admission (Art. 1(7), 1957 Convention).
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, 1957 Convention).
The limitation applies to the aggregate of personal and property claims arising from a “distinct occasion” (Art. 2(1), 1957 Convention).
Limits are, by the amendments made in the 1996 Protocol, stated in Special Drawing Rights (SDR). The amendment was brought by Art. 2 of the 1996 Protocol that amended Art. 3 of the 1957 Convention. Refer to the IMF SDR Valuation to convert the SDR to any desired currency.
However, an option for calculation of limitation of liability in Gold Franc is made available in the 1996 Protocol (Art. 2(6), 1996 Protocol) to States which are not members of the IMF. Note: That option is not reflected in this calculator.
If a ship's tonnage is less than 300 tons, the ship will be deemed to be 300 tons (Art. 3(5), 1957 Convention). 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), 1957 Convention).
In the case of all other ships there shall be taken the net tonnage (Art. 3(7), 1957 Convention).
Although the 1996 Protocol is largely about shifting the monetary units from Gold Franc in the 1957 Convention to SDR (Art. 2(1) and 2(2), 1979 Protocol), and rendering the personal claims limit the global limit for personal and property claims (Art. 2(c), 1979 Protocol), there are a few other amendments brought by the 1996 Protocol.
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. This Convention may have been superseded in many jurisdictions by the LLMC 1976/1996/2012.