Standard Club has noted that its members were regularly exploring new opportunities in diverse territories and thus frequently needed to ask how the law in a particular jurisdiction might impact the enforceability of key contractual provisions.
Standard Club has engaged with its contacts around the world and has produced a list of key offshore jurisdictions and how the various relevant laws apply.
The study specifically looks at:
- the right to limit liability (specifically the right to limit liability in respect of wreck removal)
- the application and geographical reach of the CLC Convention, Wreck Removal Convention, Maritime Labour Convention or any related domestic legislation
- the enforceability of knock-for-knock provisions in a contract and whether there are any gross negligence or wilful misconduct exceptions to this.
The jurisdictions covered are:
- Angola
- Australia
- Brazil
- India
- Indonesia
- Malaysia
- Mexico
- Nigeria
- Norway
- Qatar
- Saudi Arabia
- Singapore
- Thailand
- UK
- USA
The full guide is available at:
http://www.standard-club.com/media/2767858/a-guide-to-key-offshore-jurisdictions.pdf
IMN intends to provide a daily country-by country summary.
1) Angola
Q: Is Angola signatory to an international convention relating to limitation of liability for maritime claims? If not, can shipowners limit their liability under local law?
A: Yes, the International Convention relating to the Limitation of the Liability of Owners of Seagoing Vessels, 1957, is applicable in Angola without the SDR
Protocol. Note that the Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC 1976) does not apply in Angola.
Q: What is the geographical application of the international convention or the local law under which shipowners can limit their liability?
A: The 1957 Convention is applicable in the territorial waters, contiguous zone and Exclusive Economic Zone (EEZ). The 2010 Angolan Law on Maritime Spaces defines territorial waters, contiguous zone, exclusive economic zone and continental shelf in accordance with United Nations Convention on the Law of the Sea (UNCLOS).
Q: Are there any exclusions or exceptions in respect of offshore vessel types?
A: No, there are no exclusions or exceptions in respect of offshore vessels.
Q: Is it possible to limit for wreck removal in Angola?
A: No, it is not possible to limit liability for wreck removal in Angola under the 1957 Convention.
Q: Is Angola signatory to the International Convention on Civil Liability for Bunker Oil Pollution Damage (Bunkers Convention)?
A: No, Angola is not signatory to the Bunkers Convention.
Q: Is Angola signatory to the International Convention on Civil Liability for Oil Pollution Damage (CLC)?
A: Yes, Angola is signatory to CLC 1992 Protocol.
Q: What is the geographical application of CLC in respect of Angola?
A: The geographical application is as per the CLC. EEZ is defined in local laws in accordance with UNCLOS.
Q: Are there any exclusions or exceptions in respect of offshore vessel types?
A: No, there are no exclusions or exceptions in respect of offshore vessel types.
Q: Is Angola signatory to the Nairobi International Convention on the Removal of Wrecks (WRC)?
A: No, Angola is not signatory to the WRC.
Q: Is Angola signatory to the Maritime Labour Convention (MLC)?
A: No, Angola is not signatory to the MLC.
Q: Is ‘gross negligence’ or ‘wilful misconduct’ recognized as a legal concept under Angolan law?
A: Yes, both concepts have legal consequences in both criminal and civil law. Negligence is the failure to exercise reasonable care, prudence or competence required (acting with neglect, imprudence or inability). Gross negligence is a qualified negligence whereby the agent foresees the possibility of the outcome but does not believe it will occur due to lack of thought, caution or prudence and omission of the most basic care. The agent acts with wilful misconduct when:
- he predicts the unlawful outcome and acts accordingly with intent to produce it or
- he foresees the unlawful outcome and accepts it as a necessary consequence of his immediate intention or
- he anticipates the possibility of the unlawful outcome and acts accordingly, without being confident it will not occur.
Q: Is the knock for knock liability regime a recognized concept under Angolan law?
A: Angola does not have specific legislation on the knock for knock liability regime. Private parties have contractual freedom under Angolan Civil Code which means they can freely negotiate contractual terms and conditions between themselves, so long as this is within the limits of the law. If contractual provisions conflict with the law, for example, if they are contrary to public order, if they offend standards of public decency under the Civil Code, if there is an issue of gross negligence or wilful misconduct, knock for knock terms between the parties may not be enforceable.
Q: If knock for knock is a recognised liability regime under Angolan law, will it be upheld in the event of ‘gross negligence’ or ‘wilful misconduct’?
A: Knock for knock will not be upheld in the event of ‘gross negligence’ or ‘wilful misconduct’.
Q: Will industry standard contracts such as BIMCO’s TOWCON, TOWHIRE, SUPPLYTIME, WRECKHIRE, WRECKSTAGE, WRECKFIXED and HEAVYCON be upheld under Angolan law?
A: Standard industry contracts contain knock for knock and limitation of liability clauses. Knock for knock and limitation clauses may be deemed unenforceable if they conflict with mandatory provisions of Angolan law.
For further information, contact:
Sian Dinnadge
Underwriter, Offshore
+44 20 3320 8967
Joana Pacheco
Attorney, RLA
+244 943 192 174/165