Slot charterers and limitation of liability in deep sea and inland navigation

(Considerations on the Rotterdam Court decision dated 22 September 2010)

Por Peter Laurijssen

"Upon the occurrence of an accident leading to a claim, a shipowner can limit his liability in function of the vessel’s gross tonnage. This system, as provided for in the LLMC and CLNI Treaties, does not only benefit the owner, but also the charterer, whereby charterer is understood to comprise both the time, voyage and bareboat charterer of the vessel. This is the prevailing interpretation under the old LLMC 1957 and the LLMC 1976, as well as under the CLNI which was applied by the Rotterdam court in the abovementioned case. Until recently, however, it remained disputed whether a slot charterer as well could invoke the benefit of limitation. In its decision of 22 September 2010 the Rotterdam judge extends the circle of beneficiaries under CLNI and LLMC to the slot charterer. This milestone for the Netherlands and the Benelux is in line with recent developments in English and German case law."

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Términos mencionados en esta doctrina: charterer, liability, rotterdam.