TY - JOUR

T1 - A Tale of Two Courts

T2 - limitation of liability and the legal position of the shore-based controllers in the light of Splitt Chartering

AU - Arda, Asli

PY - 2023

Y1 - 2023

N2 - The legal position of the Shore-Based Controllers (SBCs) concerning their ability to limit their liability for maritime claims is an issue that remains unknown for the time being. This is predominantly due to the following issues. First, the role of the SBC is not indicated under the Convention on Limitation of Liability for Maritime Claims (LLMC) 1976 listing people who can limit their liability due to its contemporary nature and accordingly the evaluation of travaux preparatoires is perhaps needed. Second, the scope of the tasks that will be undertaken by the SBCs is uncertain and the determination of these would facilitate the assessment of whether SBCs will be acting as operators and managers so they can limit liability accordingly. Third, the position of the SBCs in the organizational scheme of ship management and operation is a further issue that is also unknown. A recent decision, Splitt Chartering, considering the position for the operation of an unmanned barge is providing a very valuable evaluation that would possibly facilitate drawing an analogy between the operator of an unmanned barge and the legal position of the SBCs.

AB - The legal position of the Shore-Based Controllers (SBCs) concerning their ability to limit their liability for maritime claims is an issue that remains unknown for the time being. This is predominantly due to the following issues. First, the role of the SBC is not indicated under the Convention on Limitation of Liability for Maritime Claims (LLMC) 1976 listing people who can limit their liability due to its contemporary nature and accordingly the evaluation of travaux preparatoires is perhaps needed. Second, the scope of the tasks that will be undertaken by the SBCs is uncertain and the determination of these would facilitate the assessment of whether SBCs will be acting as operators and managers so they can limit liability accordingly. Third, the position of the SBCs in the organizational scheme of ship management and operation is a further issue that is also unknown. A recent decision, Splitt Chartering, considering the position for the operation of an unmanned barge is providing a very valuable evaluation that would possibly facilitate drawing an analogy between the operator of an unmanned barge and the legal position of the SBCs.

M3 - Journal article

VL - 2023

SP - 627

EP - 638

JO - Journal of Business Law

JF - Journal of Business Law

SN - 0021-9460

IS - 8

ER -