SWEDEN Law and Practice Contributed by: Michele Fara, Ninos Aho, Paula Bäckdén and Anders Leissner, Advokatfirman Vinge KB
act with due care to prevent or mitigate environ - mental damage. 2.3 1976 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 and, conse - quently, maritime claims in Sweden are subject to global limitation. The Convention’s provisions are codified in Chapter 9 of the Swedish Mari - time Code (1994:1009). Special limitation rules relating to freight and transport of passengers can be found in Chapter 13 (on carriage of gen - eral 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. 2.4 Procedure and Requirements for Establishing a Limitation Fund Provisions pertaining to limitation funds can be found in Chapters 9 and 12 of the Swedish Mari - time 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 per - sons 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 applicant 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 worth noting in cases of prolonged limitation proceed - ings. Interest shall be calculated in accordance with the Act on Interest (1975:635). 2.5 Seafarers’ Safety and Owners’ Liability Sweden has ratified the 2006 Maritime Labour Convention. Corresponding provisions are found in laws and regulations such as the Seaman’s Act (1973:282), the Act on Periods of Rest for Sea - farers (1998:958), the Act on Enlistment of Sea - men (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 Conven - tion 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 Conven - tion on the Carriage of Goods by Sea, 1978 (the “Hamburg Rules”). Provisions regarding con - tract of carriage of goods are found in Chapter 13 of the Swedish Maritime Code (1994:1009). The Chapter can be described as a hybrid of the Hague-Visby Rules and the Hamburg Rules, though only those parts of the Hamburg Rules 3. Cargo Claims 3.1 Bills of Lading
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