you may apply to the maritime court of the place where the accident occurred, the place where the contract was performed or the place where the ship was arrested for establishing maritime claims. The establishment of limitation fund for maritime claims liability is an important legal system in the procedure. Due to insufficient practice, the connection between some procedures needs to be continuously improved.

legal analysis

when the person liable for maritime claims is initially found to be liable, if he wants to limit his liability when he is investigated, he can apply to the court with jurisdiction to set up a liability limitation fund. This fund is the sum of the compensation limits for personal injury and non-personal injury calculated according to the calculation method of liability limitation, plus interest from the date when the accident causes responsibility to the date when the fund is established. It can be paid in cash or in the form of a guarantee recognized by the court, which is specially used to pay the claim for invoking the limitation of liability. After the establishment of the fund, no one who makes a request to the responsible person may exercise any rights over any property of the responsible person. If the ship or other property of the responsible person has been seized, or the fund founder has submitted the collateral, the court shall promptly order the release or return. To sum up, the limitation of maritime claims must meet certain conditions. If the shipping company deliberately damages the goods, it cannot be required to limit the compensation. The subject of limitation of liability for maritime claims in maritime law includes the captain of the ship, the insurer and the carrier. The limitation of compensation is divided into personal injury compensation and cargo compensation, and different grades are distinguished according to the tonnage of the ship. This provision can reduce the carrier's compensation pressure and ensure that the interests of both parties can be safeguarded.

Legal basis

Article 11 of the Special Maritime Procedure Law of the People's Republic of China, if the shipowner, charterer, operator, salvor and insurer apply for limitation of liability according to law after a maritime accident, they may apply to the maritime court for the establishment of a limitation fund for maritime claims liability. If a ship causes oil pollution damage, the shipowner, the liability insurer or others who provide 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 establishing a liability limitation fund may be made before prosecution or litigation, but it shall be made before the judgment of first instance is made at the latest.