CHILE Law and Practice Contributed by: Ricardo Rozas, Max Morgan and Stefano Perretta, Jorquiera & Rozas Abogados
Resolution Declaring Commencement of Proceedings The court, after examining whether the appli - cant’s calculations of the amount of the fund fall in line with the pertinent provisions, will issue a ruling in which it will declare that proceedings have begun. At the same time, it will rule on the options offered for the constitution of the fund, ordering them to be complied with, if it approves them. In the same resolution, it will mention the sum that the petitioner shall place at the disposal of the court to cover all costs of proceedings, and it will appoint a receiver plus a deputy to conduct and carry out all the acts and operations that they are entrusted with in this capacity. These appointments shall fall upon persons who are on the list of receivers mentioned in the Chilean Bankruptcy Law, and it will not be necessary for their appointment to be ratified at a later date by the board of creditors. Rules Regarding Cash and Guarantees When money is handed over for the constitution of the fund, the court will deposit it in a bank, with the knowledge of the receiver and the inter - ested parties. Any readjustments and interest obtained therefrom will be added to the fund to the benefit of the creditors. If the fund has been constituted by means of a guarantee, its amount will accrue current interest wherever the court sits, and it will be left on record in the document establishing the guarantee. Limitation of Civil Liability for Damage From Spillage of Hydrocarbons and Other Hazardous Substances Spillage of hydrocarbons from seagoing vessels carrying oil in bulk as cargo is subject to the CLC 1992.
Spillage of hydrocarbons from vessels not carry - ing oil in bulk as cargo or spillage of other haz - ardous substances is subject to the terms of the CLC 1969 and supplementary norms set forth by the Chilean Navigation Law, including those for fund constitution and distribution. 2.5 Seafarers’ Safety and Owners’ Liability In January 2019, Chile enacted the Maritime Labour Convention (MLC). Other applicable domestic regulations are the Labour Code, the Navigation Law and the general regulations on order, safety and discipline of ships and the coastline. In 1982, Chile ratified the Hamburg Rules and then included them in the Code of Commerce in 1988 (paragraph 3, Title V, Book III), with minimal changes (the “Chilean adoption of the Hamburg Rules”). 3.2 Title to Sue on a Bill of Lading Under the Chilean adoption of the Hamburg Rules, a “contract of carriage by sea” means “any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another”. In this respect, a contract which involves carriage by sea and carriage by some other means is, for the pur - poses of Chilean law, deemed to be a contract of carriage by sea only in so far as it relates to the carriage by sea. In turn, the Chilean adoption of the Hamburg Rules provides that the bill of lading “is a docu - ment which establishes the existence of a con - tract of maritime transport and verifies that the 3. Cargo Claims 3.1 Bills of Lading
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