(a) the application conditions for the establishment of a limitation fund for maritime claims liability
1. If the shipowner, charterer, operator, salvor or insurer applies 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.
2. Where a ship causes oil pollution damage, the shipowner, its liability insurer or other persons 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.
3. An application for establishing 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.
4. Where a party applies for establishing a limitation fund for maritime claims liability before bringing a lawsuit, it shall submit it 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.
(2) The materials to be submitted when applying for the establishment of a limitation fund for maritime claims liability.
1. Application and evidence for establishing a limitation fund for maritime claims liability.
The application shall specify the factual statement of the maritime accident involved, the factual statement of the specific information of the ship involved, the specific calculation method, standard and amount of the application for establishing the limitation fund for maritime claims, and the reasons and legal basis for applying for establishing the limitation fund for maritime claims.
2, the applicant's main qualification materials
If the applicant is a natural person, submit a copy of the identity certificate; If the applicant is a legal person or an unincorporated organization, it shall submit a copy of the business license or organization code certificate and the identity certificate of the legal representative or principal responsible person.
3. Power of attorney
If the agent is a lawyer, submit a power of attorney, a copy of the lawyer's certificate and an official letter from the law firm; If the agent is an employee of the company, a copy of the employee's ID card, power of attorney and a copy of the labor contract shall be submitted and sealed by the company.
4, ship ownership certificate, nationality certificate, tonnage certificate and other ship information.
5 maritime statements, maritime accident reports and logbooks and other evidence materials related to maritime accidents.
6. List the names, addresses and contact information of known stakeholders.
The limitation fund for maritime claims liability, referred to as the liability fund for short, refers to the deposit set up by the responsible person to ensure the repayment of the limited debts within the limit of liability when the court with jurisdiction requests the limitation of maritime claims liability.
Article 1976, item 1 of the Convention on Limitation of Liability for Maritime Claims stipulates that the person found liable may set up a fund in any contracting state or any other competent authority that requests limitation of liability. Article 2 13 of China's Maritime Law also stipulates that if the responsible person requests to limit the liability for compensation in accordance with the provisions of the Maritime Law, he may set up a liability limitation fund in a court with jurisdiction.
According to the above provisions, the responsible person may or may not set up a responsibility fund. Therefore, the establishment of the liability fund is not a condition for the responsible person to limit the liability for compensation, and its purpose is only to obtain some special protection for his ship or other property.
Legal basis:
Provisions of the Supreme People's Court Municipality on the Trial of Disputes Related to Limitation of Liability for Maritime Claims.
Article 2 For the same maritime accident, if different responsible persons apply to different maritime courts for the establishment of a limitation fund for maritime claims liability in accordance with the provisions of Article 102 of the Special Maritime Procedure Law before prosecution, the maritime court that filed the case later shall transfer the case to the maritime court that filed the case first for jurisdiction in accordance with the provisions of the Civil Procedure Law. Article 3 Where a responsible person applies for the establishment of a limitation fund for maritime claims in a lawsuit, it shall submit it to the maritime court that accepts relevant maritime dispute cases.
Relevant maritime disputes are accepted by different maritime courts, and if the responsible person applies for the establishment of a limitation fund for maritime claims, it shall be submitted to the maritime court that filed the case first in accordance with the litigation jurisdiction agreement; If there is no litigation jurisdiction agreement between the parties, it shall be submitted to the maritime court that filed the case first.
Article 4 After the establishment of the limitation fund for maritime claims liability, the maritime court that established the fund shall have jurisdiction over the actions brought by the maritime claimant against the responsible person due to maritime disputes.
Where a maritime claimant brings a lawsuit to another maritime court, the accepted maritime court shall, in accordance with the provisions of the Civil Procedure Law, transfer the case to the maritime court where the limitation fund for maritime claims liability is established, unless there is an agreement on litigation jurisdiction between the parties.