ARGENTINA Law and Practice Contributed by: María Belén Espiñeira, International Transport & Logistics Legal Consultants – MB Espiñeira & Abogados
tion of Certain Rules with Respect to Collisions between Vessels, both of 1910. Likewise, Argentina has ratified the International Convention on Certain Rules concerning Civil Jurisdiction in Matters of Collision, 1952; the International Convention on Certain Rules con - cerning Civil Jurisdiction in Matters of Collision, 1952; and the Montevideo International Com - mercial Navigation Treaty, 1940 (which provides rules on jurisdiction in matters of salvage and collision). In those cases where these conventions do not apply, the Argentine domestic legislation does. Accordingly, the Argentine Navigation Law contains specific provisions about procedural aspects, causation and apportionment of liabil - ity, applicable law and jurisdiction on collision and salvage matters. 2.3 1976 Convention on Limitation of Liability for Maritime Claims Argentina is not party to the Convention on Limitation of Liability for Maritime Claims, 1976, but the Argentine Navigation Law provides for a specific regime that allows the ship-owner and the disponent owner to limit their liability by set - ting up a limitation fund, for losses and damages caused by the acts of, or omission to perform an act by, their employees, servants and agents who performed their duties at sea. The cap on the liability for maritime claims is the value of the ship at the end of the voyage, plus the credits accrued on the last voyage. If the value of the vessel at the end of the voyage is insufficient to pay all compensation for claims due to death or personal injury, there is a sup - plementary limitation based on the tonnage of the vessel.
Registered owners can also limit their liability for maritime claims by relinquishing their vessel in favour of their creditor, depositing the title of ownership in a judicial court pursuant to a spe - cial judicial proceeding within three months after the incident occurred. 2.4 Procedure and Requirements for Establishing a Limitation Fund Limitation funds must be set up in cash by depositing an amount that equals the value of the ship at the end of the voyage, plus the credits accrued on the last voyage. The right to set up a limitation fund may be alleged by the owner or the disponent owner before the expiry of the time limit to allege defences in the sen - tence enforcement process. Among other for - malities, explanatory details of the composition of the limitation fund and a list of the creditors or claimants subject to such limitation fund shall be provided by the owner or the disponent owner. Afterwards, a special proceeding of limitation of liability shall be initiated. If the ship-owners elect to limit their liability by relinquishing the vessel, they must provide the property deed of the ves - sel. The owners’ right to relinquish their vessel should be alleged within three months after the incident occurred. 2.5 Seafarers’ Safety and Owners’ Liability Argentina is a party to the Maritime Labour Con - vention (MLC, 2006), approved by Law 26,920, and its amendments of 2014, 2016 and 2018. In addition, the following national legislation applies to the rights and safety of seafarers: • Labour Law 20,744; • the relevant sections of the old Commercial Code, as amended by Laws 17,371 and
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