Shipping 2026

CHILE Law and Practice Contributed by: Ricardo Rozas, Max Morgan and Stefano Perretta, JJR Abogados

6. Passenger Claims 6.1 Laws and Conventions Applicable to the Resolution of Passenger Claims The Athens Convention on the Carriage of Passengers and their Luggage by Sea, 1974 (the “Athens Conven - tion”) is not applicable in Chile. However, passengers’ rights and the liability of the carrier are regulated by the Code of Commerce (Articles 1044 to 1078), which is based on the Athens Convention. In addition, if a travel agent is involved, the Chilean Consumer Protec - tion Act may also apply. In this respect, it should be noted that claims for indemnities for personal injury of a passenger are rec - ognised as privileged credits, which allow for request - ing a vessel arrest (see 5.1 Ship Arrests ). 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading As regards charterparties, Chilean law applies the principle of freedom of contract. Accordingly, the law and jurisdiction clauses stated in bills of lading should be recognised and enforced by Chilean courts. As regards carriage of goods by sea, the provisions of the Chilean adoption of the Hamburg Rules are com - pulsorily applicable regardless of the nationality of the ship, carrier, actual carrier, shipper, consignee or any other interested person if: • the port of loading or discharge as provided for in the contract of carriage by sea is located in Chile; • the bill of lading or other document evidencing the contract of carriage by sea (such as the sea waybill, through bill of lading or short form bill of lading) stipulates that the contract will be governed by Chilean law (such as through a “paramount clause”); or • one of the optional ports of discharge provided for in the contract of carriage by sea is the actual port of discharge and such port is located in Chile.

Accordingly, and as opposed to charterparties, for - eign law and jurisdiction clauses stated in bills of lading issued under a contract of carriage of goods by sea should not be recognised and enforced by Chilean courts. In this respect, it is worth noting that paramount clauses have, on occasion, been held as unwritten by the Chilean Supreme Court where they would be contrary to public order rules of law. 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading Courts in Chile recognise and enforce law and arbitra - tion clauses of charterparties incorporated into the rel - evant bill of lading. Nonetheless, a bill of lading issued in compliance with a charterparty is covered under the Chilean adoption of the Hamburg Rules if it governs the relation between the carrier and the holder of the bill of lading other than the charterer. 7.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Chile is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (the “New York Convention”). In this respect, foreign judg - ments and arbitral awards are enforced through the exequatur process. This is considered in the Code of Civil Procedure, under which judgments issued in a foreign country shall be given force in Chile by exist - ing treaties. For a foreign judgment to be enforced, the procedures set out in Chilean law shall be followed, unless they have been modified by existing treaties. If there are no treaties concerning the matter in question, Chile shall grant to the judgment the same force as granted to Chilean judgments by the jurisdiction in which the judgment was made. If the judgment comes from a jurisdiction that does not enforce Chilean judgments, it shall not be enforced in Chile. If none of the previ - ous rules may be applied, foreign judgments shall be enforced in Chile provided that: • they contain nothing contrary to the laws of the Republic, except that procedural rules to which the case would have been subject in Chile shall not be considered; • they are not contrary to national jurisdiction;

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