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CMI International Working Group on the Review of the Collision Conventions

It is once again a pleasure to report on the ongoing work in the Comité Maritime International’s Review of the Collision Conventions International Working Group (IWG). The 1910 Collision Convention was the CMI’s first instrument, adopted the same day as the 1910 Salvage Convention. The latter convention was replaced in 1989, leaving the 1910 Collision Convention as the CMI’s oldest instrument still in force and its most popular.

 

The IWG first met at the CMI Antwerp colloquium in October 2022 and met again in face-to-face meetings at the Montreal colloquium in 2023, at the Gothenburg colloquium in 2024 and at the Tokyo colloquium in 2025.

 

In parallel to the open meetings held at CMI events, the IWG has undertaken a series of closed meetings wherein members of the IWG have been able to discuss the issues facing a revised collision convention, which will most likely take the form of a protocol updating the 1910 instrument without replacing it entirely. That way, state members will not need to denounce the 1910 instrument to accede to what will be a protocol to the 1910 Collision Convention, and non-state members to the 1910 convention will be able to adopt an updated instrument.

 

Another in person meeting of the IWG is scheduled for Rio in May 2026. The IWG meeting in Rio will, as usual, be followed by an open meeting. This time, the Rio open meeting will include five speakers addressing several aspects of the 1910 Convention which have now been retained by the IWG for inclusion in a new instrument.

 

The title of the open session in Rio will be: Review of the Collision Conventions: Improvements for the Next Century

 

The speakers and subjects are as follows although we have yet to set the order of speakers:

 

  1. Leyla Pearson – Shared Seas, Divided Powers – Navigating the EEZ
  2. Vassilis Vernicos – Scope of application and applicable law : Linking the Threads of a new International Collision Regime
  3. Dieter Schwampe – Overcoming the Dichotomy of Substantive and Procedural Aspects: The Jurisdiction Rules under a new Collision Convention
  4. Klaus Ramming – Vessels’ Liability under a new Collision Convention
  5. Francesco Siccardi – Collision damages: Is it time to extend the scope? The Lisbon Rules and beyond

 

Several of the previous open meetings were designed to allow allowed attendees to comment on aspects of the 1910 Collision Convention. Many of the topics canvassed in the open meetings were included in a questionnaire sent to all Maritime Law Associations to obtain input from each. More than two dozen MLAs submitted replies to the questionnaire.

 

From a review of the questionnaire and the replies received, and from discussions at the open and closed meetings, the IWG determined that there were different categories of proposed amendments, including those that were more controversial and those that were less controversial.

 

The IWG has determined the following to be the more controversial topics:

 

  1. The channeling of liability.
  2. The need for mandatory insurance and direct action.
  1. The concept of fault-based/strict/joint and several liability to third parties for damage or injury caused by the collision to persons or property on board.
  2. The need to regulate damage or injury to third parties not on board, i.e. do these liabilities, independently of liability to persons and property on board, warrant joint and several liability and mandatory insurance and direct action by third parties.

 

The IWG has determined the following topics to be somewhat less controversial:

 

  1. The definition of “vessel”.
  2. The definition of “collision”.
  3. The scope of the new instrument as applicable to all ships, inland and seagoing.
  4. The waters in which the new instrument would apply, inland, territorial and EEZ.
  5. The concept of fault of a colliding vessel.
  6. The concept of strict liability for defects in a colliding vessel.
  7. The damages recoverable in collisions.
  8. The private international law applicable to collisions.
  9. The jurisdiction of courts hearing collision claims.
  10. The recognition and enforcement of judgments on collision claims.

 

Closed meetings of the IWG have been held by Teams every month since the Gothenburg meeting in 2024 in view of arriving at a consensus on as many of the above questions as possible.

 

I am pleased to report that the IWG has now considered all of the above and has come to a consensus on all of the more controversial points. It has been decided not to include in the draft protocol amendments to the 1910 instrument based on any of the four more controversial topics.

 

As concerns the less controversial topics, however, the IWG has decided to move ahead in proposing these amendments and it is hoped that, in Rio, the IWG will be in a position to reveal the draft text of the proposed protocol. Thereafter, the final draft will be submitted to National Maritime Law Associations and to ExCo before being brought before the CMI Assembly for adoption.

 

It has been a pleasure working with such a dynamic IWG on this most important project and I take the occasion to thank our rapporteur, as well as all members of the IWG for their input and assistance.

 

 

November 1, 2025

John G. O’Connor, Chair

Klaus Ramming, Rapporteur

CMI IWG on the Revision of the Collision Conventions

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