Affected exporters argue that compensation should be higher than fund limit proposed by Maersk
A civil court in Valparaíso, Chile has decided to suspend proceedings initiated by Maersk Shipping to establish a liability limitation fund of approximately US$16.3mn to compensate Chilean exporters affected by the Saltoro ship fiasco.
According to Diario Financiero, one of the objections upheld by the court was filed by Exportadora El Silo, whose lawyers argued that “the procedure for establishing the fund lacks the essential procedural requirements of the Jurisdiction, so all actions taken are non-existent or absolutely null and void”.
The exporters’ defence team maintains that the vessel did not call at any Chilean port and that the incident occurred in international waters, so a local court would not be competent to assume jurisdiction over the case. It points out that the proceedings could be conducted in London – in accordance with the provisions of the transport contracts – or Hong Kong, the first port where the vessel arrived after it was damaged.
A crucial point in the dispute is that in both these jurisdictions, the liability limit is three times higher than the figure proposed by Maersk.
Exportadora El Silo’s lawyers also highlighted that the contracts signed with Maersk include clauses with specific liability limits that are higher than those invoked by the shipping company in its attempt to establish the fund in Chile.
The exporters’ defence team noted: “At the time of the incident on the high seas, on 13 January, Maersk and the shipowners and shipowners knew that the fruit, the cherries, would perish or have a shelf-life of 30-40 days and that, if not delivered to their destination, they would be completely damaged. They did not analyse or inform the exporters about any possibility of avoiding harm to them”.
Following the suspension, the court gave Maersk three business days to issue a ruling, which expired on Monday, 21 April, after which the court can directly resolve the case, request new evidence, or postpone the final decision on jurisdiction and the amount of compensation.
