CMA CGM S.A. v Classica Shipping Company Ltd.

CMA CGM S.A. v Classica Shipping Company Ltd.

The 1976 Convention does not entitle charterers to limit liability for claims brought by shipowners against them where the liability does not arise in the capacity of owner. The structure and language of the Convention, as well as its historical context, indicate that limitation is only available to charterers when acting qua owner, not for contractual liabilities to owners under a charterparty.

Parties
Appellant/charterer: CMA CGM S. A.; Respondent/owner: Classica Shipping Company Limited
Jurisdiction
England and Wales
Judgment Date
27 March 2003
Procedural Posture
Appeal From Arbitration Award / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation of Liability, Charterparty, Dangerous Cargo, Interpretation of International Conventions
Maritime Law Arbitration Contract Law Limitation of Liability Charterparty Dangerous Cargo Interpretation of International Conventions

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Parties

CMA CGM S. A.

Appellant/charterer

Classica Shipping Company Limited

Respondent/owner

Procedural Posture

Appeal From Arbitration Award / Judgment on Appeal

Legal Issues

  1. 1 Whether time charterers are entitled to limit their liability to shipowners under the Merchant Shipping Act 1995 and the 1976 Convention on Limitation of Liability for Maritime Claims for claims arising from the charterparty.

Ratio Decidendi

The 1976 Convention does not entitle charterers to limit liability for claims brought by shipowners against them where the liability does not arise in the capacity of owner. The structure and language of the Convention, as well as its historical context, indicate that limitation is only available to charterers when acting qua owner, not for contractual liabilities to owners under a charterparty.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.