What happens to the owner of a ship from a State that has not ratified the LLMC?

flowchart TD
  A["Owner from a non-ratifying State is sued"] --> B{"Where?"}
  B -->|In a Contracting State, such as India| C["The forum's LLMC law applies: the owner can limit to the tonnage-based amount (articles 6 and 7)"]
  B -->|In the owner's own non-ratifying State| D["That State's national law decides: a domestic regime, an older convention, or unlimited liability"]
  A --> E["Everywhere: the owner's own intent or recklessness bars limitation"]

• Principle: limitation depends on the forum, the court hearing the claim, not on the owner’s flag or nationality.
• Sued in a Contracting State: the court applies the LLMC and the owner can limit to the tonnage-based amount (article 6 general limits, article 7 passengers), constituting a fund like any other owner.
• Sued at home: the LLMC does not apply as a treaty; the State’s own national law decides, which may allow limitation, apply an older convention or impose unlimited liability.
• India: the MS Act 2025 limitation Chapter (s.162 application, s.165, s.169, s.173) applies to claims before Indian courts irrespective of flag; s.169 allows limitation without first constituting a fund.
• Everywhere: the owner’s own personal act or omission, intended or reckless with knowledge, bars limitation; that is about conduct, not ratification.
• As Chief Engineer: an owner from a non-ratifying State can still limit if sued in India; only in their own State’s courts does that State’s law decide.