PANAMA Law and Practice Contributed by: María Teresa Diaz, Nadya Price and Joaquín De Obarrio, Patton Moreno & Asvat
• For a vessel with a tonnage in excess of the above, the following amounts in addition to that mentioned above: (a) from 501 to 3,000 tons, 500 units of account per ton; (b) from 3,001 to 30,000 tons, 333 units of account per ton; (c) from 30,001 to 70,000 tons, 250 units of account per ton; and (d) for each ton in excess of 70,000 tons, 167 units of account. In respect of any other claims, the following applies. • 167,000 units of account for a vessel with a tonnage not exceeding 500 tons. • For a vessel with a tonnage in excess of the above, the following amounts: (a) from 501 to 30,000 tons, 167 units of account per ton; (b) from 30,001 to 70,000 tons, 125 units of account per ton; and (c) for each ton in excess of 70,000 tons, 83 units of account. Furthermore, claims for damage to harbour works, waterways and aids to navigation will have the priority determined by the law. 2.5 Seafarers’ Safety and Owners’ Liability The Republic of Panama ratified the Maritime Labour Convention, 2006, by means of Law No 2 of 6 January 2009. The Convention is regulat - ed in Panama by Executive Decree No 86 of 22 February 2013, amended by Executive Decree No 160 of 3 March 2021, and provisions for its application were also established. Panama adopted the 2014 and 2016 Amend - ments to the Maritime Labour Convention, 2006
through Resolution ADM-075-2019 of 9 May 2019, and the Convention’s 2018 Amendments by way of Resolution ADM 095-2020 of 27 July 2020. In February 2023, by means of Resolution ADM-038-2023 (which entered into force on 23 December 2024), Panama adopted the 2022 Amendments to the Maritime Labour Conven - tion, 2006. In addition, by Law No 4 of 15 May 1992, Pan - ama approved the International Convention on Standards of Training, Certification and Watch - keeping for Seafarers, 1978 (the “1978 STCW Convention), as amended, and, through Reso - lution ADM 148-2011 of 18 November 2011, adopted the 2010 Manila Amendments to the 1978 STCW Convention and its Training Code. Panama has not adopted any international con - ventions concerning bills of lading. However, the Maritime Commerce Law (see 1.3 Domestic Legislation Applicable to Ship Registration ), which covers carriage by sea and bills of lad - ing, adopts into domestic legislation provisions based on the Hague-Visby Rules. 3.2 Title to Sue on a Bill of Lading Any party deemed affected may sue on a bill of lading. In particular, the Maritime Commerce Law provides that both the shipper and the car - rier or effective carrier may be liable under a bill of lading. A title to sue may be assigned to a third party and recognised by the courts upon compliance 3. Cargo Claims 3.1 Bills of Lading
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