SWEDEN Law and Practice Contributed by: Michele Fara, Ninos Aho, Paula Bäckdén and Anders Leissner, Advokatfirman Vinge KB
whether the parties have caused the collision, each party shall be liable for its own loss. Salvage The 1989 International Convention on Salvage has been ratified by Sweden. The provisions are incor - porated in Chapter 16 of the Swedish Maritime Code (1994:1009) and are, for the most part, optional. This allows for salvage contracts on different terms, except for certain provisions relating to, inter alia, the salvor’s obligation to act with due care to prevent or mitigate environmental damage. 3.3 Convention on Limitation of Liability for Maritime Claims Sweden is party to the 1976 Convention on Limitation of Liability for Maritime Claims, as amended by the 1996 Protocol. Consequently, maritime claims in Swe - den are subject to global limitation. The Convention’s provisions are codified in Chapter 9 of the Swedish Maritime Code (1994:1009). Special limitation rules relating to freight and transport of passengers can be found in Chapter 13 (on carriage of general cargo), Chapter 14 (on chartering of vessels) and Chapter 15 (on carriage of passengers and luggage). These special rules are to be applied before limitation and distribution is set according to Chapter 9. 3.4 Vienna Convention on the Law of Treaties Sweden is a party to the Vienna Convention on the law of treaties, and the Convention has generally also been considered applicable to treaties of uniform law. While never referred to by its title, the principles of treaty interpretation contained in the Vienna Conven - tion have been reiterated by the Swedish Supreme Court. 3.5 Procedure and Requirements for Establishing a Limitation Fund Provisions pertaining to limitation funds can be found in Chapters 9 and 12 of the Swedish Maritime Code (1994:1009). A limitation fund may be constituted if, on account of a claim subject to limitation in Sweden, suit has been brought or arrest or other legal proceedings have been instituted. The fund shall be constituted with the court where the suit has been brought, or with one of the seven maritime courts competent for the place where arrest or other legal action has been
applied for. A limitation fund is deemed to have been constituted with effect for all persons who can claim the same limit of liability. It is intended only for the payment of claims of the kind to which that limit of liability applies. A global fund shall be equal to the aggregate amounts that constitute the limit of liability for claims for which limitation is invoked and which have arisen out of one distinct occasion, plus interest. The person applying for constitution of a limitation fund shall pay the fund amount into court or produce satisfactory security for it. The application must be in writing, and the appli - cant shall account for the circumstances and state the names and addresses of likely claimants against the fund. Accrued interest can increase the limitation amount significantly. This is especially notable in cases of prolonged limitation proceedings. Interest shall be calculated in accordance with the Swedish Interest Act (1975:635). 3.6 Seafarers’ Safety and Owners’ Liability Sweden has ratified the 2006 Maritime Labour Con - vention. Corresponding provisions are found in laws and regulations such as the Seaman’s Act (1973:282), the Act on Periods of Rest for Seafarers (1998:958), the Act on Enlistment of Seamen (1983:929), the Ship Safety Act (2003:364), the Work Environment Act (1977:1160) and the Social Insurance Code (2010:110). Sweden is a party to the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924, First Protocol, 1968, Second Protocol, 1979 (the “Hague-Visby Rules”) as well as the United Nations Convention on the Carriage of Goods by Sea, 1978 (the “Hamburg Rules”). Provi - sions regarding contract of carriage of goods are found in Chapter 13 of the Swedish Maritime Code (1994:1009). This Chapter can be described as a hybrid of the Hague-Visby Rules and the Hamburg Rules, though only those parts of the Hamburg Rules 4. Cargo Claims 4.1 Bills of Lading
597 CHAMBERS.COM
Powered by FlippingBook