CHILE Law and Practice Contributed by: Ricardo Rozas, Max Morgan and Stefano Perretta, JJR Abogados
JJR Abogados Isidora Goyenechea 3250 Piso 4 Las Condes Santiago, RM 755 0083 Chile
Tel: +562 2580 9300 Email: rrozas@jjr.cl Web: www.jjr.cl
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The legislative framework for shipping in Chile is con - structed from various regulations and laws, for which the main sources are as follows: • Book III of the Chilean Code of Commerce (the “Code of Commerce”), About Navigation and Maritime Trade (Articles 823 to 1250), which includes general provisions and specific chapters on vessel ownership, liens, ship-owners, masters, ship agents, navigation contracts, navigation risks, marine insurance and procedural issues; • the Navigation Law (Decree Law 2222/78); • the Merchant Navy Law (Decree Law 3059/79); • international conventions, such as the UN Conven - tion on the Carriage of Goods by Sea 1978 (the “Hamburg Rules”), the International Convention for the Safety of Life at Sea, 1974 (SOLAS), the Maritime Labour Convention 2006 (MLC) and the International Convention on Civil Liability for Oil Pollution Damage 1969, replaced by the 1992 Pro - tocol (the “CLC 1992”); and • regulations issued by the Chilean Maritime Author - ity. Under Chilean practice, commonly filed maritime and shipping claims are related to cargo claims under the
Chilean adoption of the Hamburg Rules. Arrest peti - tions are also common. As regards competent courts, Article 1203 of the Code of Commerce establishes the general principle that the resolution of all maritime disputes, including those relating to marine insurance, is subject to mandatory arbitration. However, the ordinary civil courts may hear maritime disputes in certain cases, including: • if the parties mutually agree to this (either by including it in the contract from which the dispute originates or by prior written agreement); • if a criminal action could arise from the same facts (in this case the civil action can be filed before either the criminal court or an arbitrator); • claims in respect of oil pollution as set out under paragraph 4, Title IX of the Navigation Law; • claims in which the state harbour or customs agen - cies are involved; and • claims in which the amount at stake is less than 5,000 units of account (special drawing rights, also known as SDR, as defined by the International Monetary Fund), provided that the claimant sub - mits its claim before the ordinary courts. In addition, specific petitions for the appointment of an arbitrator, ship arrest and constitution of limitation funds are heard by ordinary civil courts. 1.2 Port State Control The government agency responsible for port state control is the General Directorate of Maritime Territory
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