Classification Societies regulatory regime and current issues on liability
• whether CS should be liable at all (in contract and/or tort);
• whether disclaimer/limitation of liability clauses are enforceable, towards whom;
• immunity from jurisdiction: are CS entitled to it (a) as Recognised Organisations acting for Flag States (b) when performing class services;
• should CS be granted – as a matter of law – a right to limit liability? If so through what instruments (amending LLMC – new convention, etc.);
• are CS entitled to rely on the channeling provision of art. III.4 (c) of the CLC ?
• the practical consequences of increasing uninsurable liabilities upon the societies;