ABSTRACT
As one of the features of the International Convention on Limitation of Liability for Maritime Claims 1976 (LLMC 1976) compared with its predecessor, LLMC 1976 includes liability insurers on the list of persons entitled to limit their liabilities. By virtue of Article 1(6) of LLMC 1976, a liability insurer shall be entitled to the benefits of this convention to the same extent as the assured himself. In addition, the UK passed its new Third Parties (Rights against Insurers) Act in March 2010. The 2010 Act is set to replace the Third Parties (Rights against Insurers) Act 1930, although a commencement date is yet to be appointed. In this context, the possible impact of the 2010 Act on the insurers’ rights under the limitation regime needs to be examined. LLMC 1976 is followed by the Chinese Maritime Code, thus a similar position in respect of insurers’ rights of limitation may be found under Chinese law.
