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Merchant Shipping and Maritime Security Act 1997

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2Where an incident has caused damage exclusively outside the territory, including the territorial sea, of any State and either the conditions for application of this Convention set out in article 3(c) have been fulfilled or preventive measures to prevent or minimize such damage have been taken, actions for compensation may be brought against the owner or other person providing financial security for the owner’s liability only in the courts of:

(a)the State Party where the ship is registered or, in the case of an unregistered ship, the State Party whose flag the ship is entitled to fly; or

(b)the State Party where the owner has habitual residence or where the principal place of business of the owner is established; or

(c)the State Party where a fund has been constituted in accordance with article 9, paragraph 3.

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