With the worldwide upsurge of lawsuits against classification societies, their liability towards third parties has become one of the most contentious issues in contemporary maritime law. Against this background, the authors analyze potential third-party claims and examine to what extent classification societies may limit their liability. The study highlights the development in Australian, English, French, New Zealand, U.S. and German law.

Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.

An examination of the role and responsibilities of classification societies which should be of interest to those involved in the international shipping and marine insurance industries. Classification societies are now regarded not only as monitors of the fitness and safety of vessels but also as promoters of international maritime regulations concerning safety of life, environment and property. Contributors from the UK, the US, Europe and the Far East representing the viewpoints of the societies, lawyers and underwriters cover such major issues as third party claims made against classification societies, balancing governmental obligations with economic temptations, major and subordinate obligations both implicit and explicit, immunity from liability and the ultimate liability and recent decisions and landmark cases.

Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.

Third-Party Certifiers Jan De Bruyne Third-party certifiers are organisations that are independent a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports. Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described: obligations and liability of certifiers during the certification process; risk of ‘information asymmetry’ between the requesting entity and the end user; and relationship between the civil liability of certifiers and public law aspects. The analysis includes detailed research on key industries and jurisdictions and a specific proposed framework for more accurate and reliable certification. Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.