Where a ship causes oil pollution damage, the shipowner, liability insurer or other person providing financial guarantee shall set up a limitation fund for maritime claims for oil pollution damage to the maritime court in order to obtain the right of limitation of liability stipulated by law.
An application for the establishment of a liability limitation fund may be filed before prosecution or litigation, but it shall be filed before the judgment of first instance is made at the latest.
The applicant shall submit a written application to the maritime court for the establishment of a limitation fund for maritime claims liability. The application shall specify the amount and reasons for applying for the establishment of the limitation fund for maritime claims, as well as the names, addresses and communication methods of known interested parties, and attach relevant evidence.
Legal basis: Article 105 of the People's Republic of China (PRC) Special Maritime Procedure Law.
After accepting an application for establishing a limitation fund for maritime claims liability, the maritime court shall issue a notice to the known interested parties within seven days and make an announcement through newspapers or other news media.
Notices and announcements include the following:
(1) The name of the applicant;
(two) the facts and reasons for the application;
(3) Establishing a limitation fund for maritime claims liability;
(4) Registration of creditor's rights;
(five) other matters that need to be informed. Article 108 After the ruling granting the applicant the right to set up a limitation fund for maritime claims takes effect, the applicant shall set up a limitation fund for maritime claims in the maritime court.