Collisions

Comparative Overview

International

The International Convention for the Unification of Certain Rules of Law With Respect to Collisions Between Vessels, Brussels, 23 September 1910, which entered into force 1 March 1913.

The International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952, Brussels, 10 May 1952, which entered into force on 20 November 1955.

The International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952, Brussels, 10 May 1952, which entered into force on 14 September 1955.

The Draft International Convention for the Unification of Certain Rules Concerning Civil Jurisdiction, Choice of Law, and Recognition and Enforcement of Judgments in Matters of Collision, Rio de Janeiro, September 1977. For the text, see the CMI Handbook, Doc. 3-4.

The Draft Rules for the Assessment of Damages in Maritime Collisions (“Lisbon Rules” ), 29 February 1988. For the text, see the CMI Handbook, Doc. 3-5.

Canada

Canada enacted The Maritime Conventions Act 1914, (1914) 4 & 5 Geo. 5, S.C. 1914, c. 13 (now repealed), to give effect to the Collision Convention, 1910. The relevant provisions are now to be found in the Marine Liability Act, S.C. 2001, c. 6 (in force 8 August 2001) at Part 2 (sects. 15 to 23), particularly at sect. 17. Part 2 applies wherever a claim is made or a remedy is sought under or by virtue of Canadian maritime law, as definined in the Federal Courts Act, R.S.C. 1985, c. F-7, sect. 2 or any other law of Canada in relation to any matter coming within the class of navigation and shipping (sect. 16). Thus, Canada has the proportionate fault rule by statute, for ships that are at fault in causing the collision and their cargoes (sect. 17(1) and (3)). In other cases, there is joint and several liability among joint tortfeasors, with a right of contribution between them (sect. 17(2)). Innocent third party ships therefore receive 100% and death and personal injury claimants may recover 100% from vessels who are partially or fully at fault.

Proportionate fault also applies in respect of the division of damages resulting from maritime torts other than ship collisions, as well as in inland waters, by virtue of sects. 17(1) and (2) of the Marine Liability Act. This codifies the Supreme Court of Canada’s previous decisions in Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd. [1997] 3 S.C.R. 1210 at pp. 1260-1268, (1997) 153 D.L.R. (4th) 385 (Supr. Ct of Can.) at pp. 419-425; Ordon Estate v. Grail [1998] 3 S.C.R. 437 at p. 517, (1998) 166 D.L.R. (4th) 193 at p.249-250, 232 N.R. 201 at p. 297-298, 1999 AMC 994 at p. 1039-1040.

United States

The United States has not adopted the Collision Convention, 1910. Proportionate fault was introduced by the Supreme Court of the United States in U.S. v. Reliable Transfer Co. 421 U.S. 397, 1975 AMC 541 (1975), but only for damage to the vessels themselves. Cargo may therefore recover 100% from the colliding vessel; see The Atlas, 93 U.S. 302 (1876); Anco Princess (Gulfcoast Transit Co. v. The Anco Princess) 1978 AMC 2471, [1978] 1 Lloyd’s Rep. 293 (E.D. La. 1978); Oriental Hero-Castor 1976 AMC 1306 (S.D. N.Y. 1976); Allied Chem. Corp. v. Hess Tankship Co. 661 F. 2d 1044 (U.S.C.A. 5 Cir. 1981).

United Kingdom

The U.K. adopted the Maritime Conventions Act 1911, (1911) 1 & 2 Geo. 5, c. 57, which put into effect the Collision and Salvage Conventions of 1910. There is proportionate fault for ship and cargo and 100% recovery as in Canada for personal injury and death claims. This Act was repealed in part by The Merchant Shipping Act 1995, (1995) c. 21, s. 314(1), Sch. 12. Today, proportionate fault in ship collisions is provided for by the Merchant Shipping Act, 1995, U.K. 1995, c. 21 at sects. 187-189.

The U.K. ratified the International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952, on 18 March 1959.

France

The international regime

France authorized ratification of the Collision Convention, 1910 by the Law of 2 August 1912, promulgated by the Decree of 12 March 1913. It governs collisions between ships of different countries which are party to the Collision Convention.

The International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collision or Other Incidents of Navigation, 1952 was ratified on 20 May 1955, but France decided to exercise its option to reserve art. 4, para. 2 of the Convention.

France also ratified the International Convention on Certain Rules Concerning Civil Jurisdiction in Matters of Collision, 1952, on 25 May 1957.

The domestic and residuary regime

France has Law No. 67-545 of 7 July 1967 and Decree No. 68-65 of 19 January 1968, which largely reproduces the proportionate fault rule of the Collision Convention, 1910. It governs collisions between French ships (i.e. where the Collision Convention, 1910 does not apply).

China

On 28 August 1994, China acceded to the Collision Convention, 1910.

By William Tetley, Q.C.