504 



2. Notwithstniulini:: i^aragfaph 1, ttu^ rii^ht of tho ownor or liis 

 guarantor (o s(>ck iiitliMtiniticalion from iho Kuiul pursuant to Arlicli* 

 r>. parai;faph 1, sliall in no caso he i>.\lini:;uisluMl l>oforo tho expiry of 

 a porioil of six uKuUhs as from tlu> di\\c on which the o\vtu>r or his 

 t:;uarantor aeipiirod kuowledijo of the briui^iui: oi an aeiiou ai^ainst 

 him unthu" tlic Jiiabilily Convention. 



Ai'ticle 7 



1. Sul>ieet t*> (he suhsec[uent provisions of this Arliele. any action 

 against the I'^uul for C(unpeT\sation unihM" Arluli^ 4 or ituhMnnification 

 uu'Ku- Article 5 of this ('(Uivention sliall l>c> I'rouiihl only before a 

 court compet(Mit muier Article IX of (lie Liability Convention in 

 resi>i>ct of actions a^-ainst tlu' tnviuM- who is or who would, but for thi^ 

 ])ro\isions of Article 111. parai^raph '2, of that Convention, have been 

 liable for pollutioi\ damairo caused by [\\o relevant iiu-ident. 



2. Each Contracting State shall ensure that it< c(nu'ts possess \\\c 

 i\ocossarv jurisdiction to (Uitertain such actions against the l*'uiul as 

 are referred io in i)aragraph 1. 



3. Wh(>re an action for compens.ition for poUution damage has been 

 brought before a court competent imder Article IX of the Liability 

 C\>n\en(ion against the owtu^r of a shi|i or his guarantor, such court 

 shall have exclusi\e jin-isdicliom\l c(Uupelenco o\"(>r any .action against 

 the Fund for ccnnpensatitui or iiuliMunilication under the provisions 

 of Article 4 or 5 of tl\is Convention in respect o'i the s.anu^ damage. 

 However, where an action for componsation for ]iollution damao;e 

 unilor the Liability Convention has been brought before a court m 

 a State Party to the Liability Convention but not to this Conveution, 

 any action against the Fund under Article 4 or under Article 5s 

 paragraph \, of this Convention shall at the option of the claimant 

 be brought either before a court of the State where the Fumi has its;. 

 headquarters or before any court of a State Party to this Conventioa 

 comiietent under Article IX of the Liability Convention. 



4. Each Contracting State shall ensure that the Fund shall have 

 the right to intervene as a party to any legal proceeilings institutt>d 

 in accordance with Article IX of the Liability Convention before a 

 competent court of that State against the owner of a ship or his 

 guarantor. 



5. Except a.s otherw ise jtrovided in paragraph (i, the Fund shall not 

 be bound by any judgment or decision in ]>roceedings to which it has 

 not been a party or by any settlement to which it is not a party. 



(5. Without prejudice to the provisions of ]")aragrai")h 4. where an 

 action under the Liability Convention for con\pensation for pollution 

 damage has been brought against an owner or his guarantor before a 

 competent courtMu a Contracting State, each invrty to the proceedings 

 shall be entitled under the national law of that State to notify the 

 Fund of the i^roceedings. Where such notification has been made in 

 accordance with the formalities required by the law of the court 

 sei/.etl and in such time and in such a manner that the Fund has in 

 fact been in a position etTectively to intervene as a party to the 

 l")roceeilings, any jmlgment rendered by the court in such i^roceedings 

 shall, after it ha.s become tinal and enforceable in the State where the 

 jutlgment was given, become biiuling upon the Fund in the sense that 



