abstract： I. What are application requirements for constituting a limitation fund for maritime claims liability? 1. Where limitation of liability is applied accord
Keywords：claims liability,limitation fund,limitation liability
I. What are application requirements for constituting a limitation fund for maritime claims liability?
1. Where limitation of liability is applied according to law after the occurrence of a maritime accident, the shipowner, charter, operator, salvor and insurer may apply to the maritime court to constitute a limitation fund for maritime claims liability.
2. Where any oil pollution damage is caused by a ship, the shipowner and the insurer of liability or other persons providing financial suretyship shall, for a purpose of obtaining the right to limitation of liability stipulated by law, constitute a limitation fund for maritime claims liability of oil pollution damage with the maritime court.
3. An application for constituting a limitation fund for liability may be submitted before bringing an action or during the proceedings, but it shall be submitted at least before the making of the judgment of first instance.
4. Where an application for constituting a limitation fund for maritime claims liability is to be submitted before bringing an action, the parties shall submit it to the maritime court of the place where the accident occurs, the place where the contract is performed or the place where the ship is arrested.
II. What are files to be submitted for the application for constituting a limitation fund for maritime claims liability?
1. Application and evidence of constituting a limitation fund for maritime claims liability
The application shall specify the facts of the maritime accident, the ship’s information details, the specific calculation method and standard, the quantity, the reasons and the legal resources of constituting a limitation fund for maritime claims liability.
2. Documents for the applicant’s subject qualification
If the applicant is a natural person, submit the copy of identification card; if the applicant is a legal person or other organization, submit the copy of business license or organization code certificate and the identity certificate of the legal representative or the person chiefly in charge.
3. Power of attorney
If the agent ad litem is a lawyer, submit the power of attorney and the letter of law firm; if the agent ad litem is a company employee, submit the copy of the employee’s identification card, power of attorney, the copy of labor contract and the aforesaid documents should be affixed with the company’s stamp.
4. The ship’s ownership certificate, nationality certificate, tonnage certificate and other information.
5. Evidence related to the maritime accident, such as maritime declarations, maritime accident reports, navigation logs, etc.
6. The application shall list the names, addresses and contact information of known stakeholders.