493 



scribed by Article V, paragraph 1. Such a certificate shall follow us 

 closely as practicable the model prescribed by paragraph 2 of this 

 Article. 



Article VIII 



Rights of compensation under this Convention shall be extinguished 

 unless an action is brought thereunder within three years from the 

 date when the damage occurred. However, in no case shall an action 

 be brought after six years from the date of the incident which caused 

 the damage. Where this incident consists of a series of occurrences, 

 the six years' period shall run from the date of the first such occun'ence. 



Article IX 



1. Where an incident has caused pollution damage in the territory 

 including the territorial sea of one or more Contracting States, or 

 preventive measures have been taken to prevent or minimize pollution 

 damage in such territory including the territorial sea, actions for com- 

 pensation may only be brought in the Courts of any such Contracting 

 State or States. Reasonable notice of any such action shall be given 

 to the defendant. 



2. Each Contracting State shall ensure that its Courts possess the 

 necessary jurisdiction to entertain such actions for compensation. 



3. After the fund has been constituted in accordance with Article 

 V the Courts of the State in which the fund is constituted shall be 

 exclusively competent to determine all matters relating to the ap- 

 portionment and distribution of the fund. 



Article X 



1. Anjr judgment given by a Court with jurisdiction in accordance 

 with Article IX which is enforceable in the State of origin where it 

 is no longer subject to ordinary forms of review, shall be recognized 

 in any Contracting State, e.xcept: 



(a) where tTie judgment was obtained by fraud; or 



(b) where the de^ndant was not given reasonable notice and 

 a fair opportunity to present his case. 



2. A judgment recognized under paragraph 1 of this Article shall be 

 enforceable in each Contracting State as soon as the formalities re- 

 quired in tluit State luive been complied with. The formalities shall not 

 permit the merits of the case to be n'-opened. 



Article XI 



1. The provisions (»f this C-ouveuti<»n shall not apj)ly to warships or 

 other shij)s owned or operated by a Slate and used, for the time being, 

 only on Governmenl non-conuuercial service. 



2. With respect to ships owned by a Contracting State and used for 

 commercial purposes, each State shall be subject to suit in the jurisdic- 

 tions set forth in Article IX and shall waive all defences based on its 

 status as a sovereign State. 



