A legal analysis of the limitation of liability of classification societies

Abstract

The purpose of this article is to focus on a matter which perhaps has purposefully escaped the watchful eyes of lawyers and legislators alike. After a brief introduction on the crucial role of classification societies in securing a proper maritime regime under meaningful concern for ship safety, the author examines the types of liabilities classification societies can face. Indeed the crux of the article is not whether liability can be attributed to classification societies, or by whom, but rather whether there will ever be a possibility of having a harmonised legal liability (or perhaps a limitation of liability) regime which protects classification societies. The final part of the article provides proposals for a way forward.