CHILE Law and Practice Contributed by: Ricardo Rozas, Max Morgan and Stefano Perretta, Jorquiera & Rozas Abogados
• the ship-owner as defined by Chilean regula - tions; • the ship-owner’s staff; • liability insurers; • the operator, carrier, charterer and the ship’s proprietor, if a different person or entity from the ship-owner as defined by Chilean regula - tions; and • individual employees of any person specified in the point directly above, including the Mas - ter and members of the crew, if sued. 2.4 Procedure and Requirements for Establishing a Limitation Fund The procedure for establishing a limitation fund in connection with general civil liability is regu - lated in the Code of Commerce (Article 1210 et seq). Its main features are as follows. Persons Entitled to Commence Limitation Proceedings Any of the persons listed in 2.3 1976 Convention on Limitation of Liability for Maritime Claims , who consider themselves entitled to limit liability under the Chilean general limitation regime, may come before any of the courts mentioned below and ask that a procedure be initiated, aimed at constituting the fund and verifying and settling credits and distribution in accordance with the priorities provided by law. Competent Courts It will be up to an appropriate court to investi - gate all the matters referred to in 2.3 1976 Con- vention on Limitation of Liability for Maritime Claims and any that are an accessory or of con - sequence to them. When the limitation of liability refers to a vessel registered in Chile, it will be the civil court that lies within the jurisdiction of the port of registra - tion of the vessel that has competence.
If dealing with a foreign vessel, the appropriate Chilean civil court of the port where the acci - dent occurred or of the first Chilean port of call after the accident has competence. Failing either of these, whatever court has jurisdiction in the place where the vessel was first retained or where a guarantee for the vessel had first been granted has competence. When such a procedure has still not been brought in any of the courts mentioned above and the limitation of liability is filed in another trial as a defence, the same court before which it is being pleaded will be able to hear the case on limitation, so long as it is an ordinary one. If dealing with a court of arbitration, copies of the pertinent background information will be sent to the court that is able to hear the case in accord - ance with the preceding points so that, before this court, the action aimed at constituting and distributing the limitation of liability fund can be brought. In these cases, the defence for limitation of liabil - ity by constituting the fund may only be made when answering the lawsuit action. Term for Exercising Limitation of Liability by Constituting a Fund Except in the case discussed above, where the court before which limitation of liability is being pleaded hears the case, limitation of liability by constituting a fund may be exercised up to the expiry of the deadline for filing defences within foreclosure proceedings or within the deadline of the summons referred to in Article 233 of the Chilean Code of Civil Procedure in court-ordered enforcement proceedings.
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