After three years discussion within the Uruguayan Maritime Law Association, between Members representing carriers and cargo interests, the local MLA has completed a project of law for up-dating some issues related to the maritime commerce, which are ruled nowadays for a Code dated on the XIX century.
Listed below are some of the salient points of the projected legislation:
• Joint surveys are mandatory if requested by any of the involved parties in any incident which might result in a cargo claim.-
• Private surveys can support the defence of each party in a lawsuit and respective experts can declare in proceedings for clarifying or extending on their survey reports. Foreign surveyors’ reports can be also accepted as evidence, but if the survey is conducted in Uruguayan territory, then the assistance of a local surveyor is required.-
• Time bar is reduced from 20 to 2 years for all actions as indicated:
- Cargo claims
- Collision
- Assistance and salvage
- Towage contracts
- General average
• An action of indemnity against a third party, namely shippers, stevedores, etc., can be brought by the carriers even after the expiration of the two years time bar provided with by the law, but within six months counting from the day to have been served with the process in the action against himself or the day when the claim has been settled.-
• Arrest against foreign vessels can be ordered by Courts in the following situations:
- Maritime privileged credits
- Debts owed in the country related to the same vessel or any other vessel belonging to the same ownerwhen the debt had been owed.-
- Claims related to tort liability.
• Countersecurity is to be provided with by the party requesting an arrest, which will be calculated as indicated:
- Claimed amount plus 20%
- The costs of vessel’s stay in port during 10 days, plus 20%, whichever of the above is lower.-
• P&I Club’s LOUs will suffice as security for releasing a vessel’s arrest, but the Club should agree Uruguayan jurisdiction for execution of the judgment and should fix a domicile in the country for the above (local Correspondent office will suffice for that).-
• If a vessel is arrested at an Uruguayan port, local Courts will have jurisdiction for judging in the principal cause of the lawsuit, even if there is any other international proper jurisdiction. The sued party can request to bring the lawsuit to another jurisdiction but must provide with security for that.-
• The abandon of the vessel value is allowed for Owners´ limitation of liability; the abandon request should be filed to Courts jointly with a deposit to the order of Courts equivalent to the vessel’s value before the accident, plus equipment, plus freights, plus all vessel’s credits in general.-
Now the project will be raised for discussion to the Parliament, where a quick pronouncement before the end of this year is expected.-
(By CHADWICK WEIR NAVEGACION S.A.)
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