1、 How to handle disputes over liability for ship collision damage?
1. The parties involved are generally the shipowner or bareboat charterer.
2. Jurisdiction: Under the jurisdiction of the maritime court of the place where the collision occurred, the place where the colliding vessel first arrived, the place where the infringing vessel was detained, and the defendant’s domicile.
3. Materials required for prosecution (other materials are the same as those required for general maritime cases):
(1) Complaint. The complaint should include information on the collision vessel, the collision accident and its consequences, the method of liability for damages caused by the collision accident, and a statement of the calculation basis.
(2) Relevant evidence materials. The plaintiff shall provide evidence materials such as maritime statements, maritime accident reports, etc. that can reflect collision accidents, and evidence materials such as insurance appraisal reports that can reflect damage results. The plaintiff shall also submit ship ownership certificates, bareboat lease registration certificates, and other ship information proof materials.
2、 How to handle disputes over crew labor contracts?
1. The scope of the maritime court’s acceptance of labor contracts for crew members includes disputes related to the payment of remuneration for crew members boarding, on board services, and departure dispatch.
2. Jurisdiction: Any lawsuit arising from a labor contract dispute involving crew members on a sea vessel shall be under the jurisdiction of the maritime court of the plaintiff’s domicile, the place where the contract is signed, the place where the crew members board or depart from the ship, and the place where the defendant’s domicile is located.
3. If a crew member files a lawsuit as the plaintiff, they shall submit personal identification documents (such as household registration book, ID card, etc.), crew member identification documents (crew member qualification certificate, crew member service book, etc.), and evidence materials proving the existence of a labor contract relationship between the parties.
3、 How to handle disputes over contracts for the transportation of goods by sea?
1. Jurisdiction: Under the jurisdiction of the maritime court at the place of origin, destination, defendant’s residence, and port of transfer of transportation.
2. Materials to be submitted for prosecution: evidence of the existence of a maritime cargo transportation contract relationship between the parties (such as bills of lading, waybills, transportation contracts, etc.), evidence of the defendant’s breach of contract (such as evidence that the goods have been extracted at the destination port in a case of release without a bill of lading), evidence of losses caused by breach of contract (customs declaration, cargo damage inspection report, freight invoice, etc.).
3. The case of dispute over container demurrage fees should clarify the identity of the defendant (shipper, consignee, or other subject with payment obligations), the charging standards for container demurrage claimed by the plaintiff, and the time of demurrage of the involved container.
4. In the case of release of goods without a bill of lading, the holder of the original bill of lading, as the plaintiff, can demand that the carrier bear the civil liability caused by this. The plaintiff shall provide evidence that the goods have been released or extracted at the destination port, as well as evidence of their losses.
4、 How to handle disputes over maritime freight forwarding contracts?
1. Jurisdiction: If the contract stipulates the place of performance, the agreed place of performance shall be the place of performance of the contract (the agreed jurisdiction shall not violate the provisions of hierarchical jurisdiction and exclusive jurisdiction). If there is no agreement or unclear agreement on the place of performance in the contract, and the subject matter of the dispute is the payment currency, the place where the receiving currency is located shall be the place of performance of the contract; The location of the party performing the obligation for other subjects is the place of contract performance. If the contract is not actually performed and neither party has their place of residence in the agreed place of performance, the court in the defendant’s place of residence shall have jurisdiction.
2. The scope of maritime freight forwarding contract disputes: disputes arising from providing booking, customs declaration, inspection, inspection, and insurance services; Disputes arising from the provision of packaging, supervision, unloading, container loading and unloading, distribution, and transit services for goods; Disputes arising from the preparation, delivery of relevant documents, and settlement of expenses; Disputes arising from providing warehousing and land transportation services; Disputes arising from handling other maritime freight forwarding agencies.
3. The freight forwarding enterprise, as the plaintiff suing the principal for the claim of freight forwarding fees, should provide evidence materials proving the existence of the entrusted relationship between the two parties (such as a letter of lading, freight forwarding contract, etc.), evidence materials proving that the plaintiff has fulfilled its contractual obligations (such as bills of lading, customs declaration, etc.), and evidence materials proving that the defendant has owed freight forwarding fees.
1、 What are the application conditions for arresting a ship?
1. Restricted to the 22 types of maritime claims stipulated in Article 21 of the Maritime Procedure Law, except for those for the execution of judgments, arbitration awards, and other legal documents.
2. If the situation is urgent and the failure to apply for preservation immediately will cause irreparable damage to its legitimate rights and interests, it may apply to the maritime court in the place where the ship is located to seize the ship.
3. The exact information of the vessel.
4. The guarantee provided by the applicant complies with legal provisions.
2、 What is the deadline for maritime preservation and seizure of a ship?
If a maritime claimant applies for the detention of a ship before filing a lawsuit, they shall file a lawsuit or apply for arbitration within 30 days of receiving the order allowing the detention.
3、 What are the required documents for applying for ship detention?
1. Application for Detention of Ships and Evidence
The application form should indicate the name of the applicant, the name of the respondent, the name of the detained vessel, the place and time of berthing, the facts and reasons for applying for detention of the vessel, and the amount of guarantee required. The applicant shall sign and seal the application form. The evidence content should be related to the matters recorded in the application.
2. Maritime claimant provides guarantee
(1) If the applicant or a third party provides property guarantee, a guarantee letter shall be issued (the guarantee letter shall specify the guarantor, guarantee method, guarantee scope, guarantee property and value, guarantee liability, etc., and relevant evidence materials shall be attached).
(2) If the insurer provides guarantee for property preservation by signing a property preservation liability insurance contract with the applicant, the insurer shall provide a guarantee letter (the guarantee letter shall specify the name of the guarantor, the name of the guarantor, the case of guarantee, the guarantee method, the scope of guarantee, and the insurer shall compensate the insured for the losses suffered by the insured due to errors in applying for property preservation). The insurer shall also provide: a copy of the business license (copy), a copy of the business license (copy), a certificate of registered capital, proof of identity of the legal representative or person in charge, a record of no illegal or criminal activities in the past five years and no refusal to assume guarantee obligations for the property preservation applicant, and a written record of the dishonest debtor who has not been listed in the People’s Court’s execution case. Declaration; Approval from the China Banking and Insurance Regulatory Commission (China Banking and Insurance Regulatory Commission Property Insurance Company Insurance Terms and Insurance Rate Filing Form, stamped with the special seal for insurance rate management).
(3) Financial institutions approved by financial regulatory authorities can provide guarantees for property preservation in the form of independent guarantees.
The applicant or guarantor is a widely recognized super large enterprise or a financial institution with sufficient assets by the public. After examination and approval, the applicant or guarantor may use the credit of the enterprise as a guarantee.
The guarantor or its branch is a financing guarantee company that has been approved by the financial management authority of this city, has the qualification to concurrently engage in litigation preservation guarantee business, and has no serious bad record in the past five years. After examination and approval, the guarantor may use the credit of this enterprise as a guarantee.
If the guarantor or its branch is a non financing guarantee company established and registered in this city in accordance with the law, qualified for litigation preservation guarantee business, with a registered capital of more than 200 million yuan and no serious bad record in the past five years, after examination and approval, the guarantor may use the credit of this enterprise as a guarantee.
Materials to be submitted for credit guarantee: a joint guarantee letter signed by the legal representative and stamped with the official seal of the enterprise legal person; A copy of the business license of the enterprise legal person, a copy of the organization code certificate, a certificate of identity of the legal representative, the balance sheet and income statement of the past six months, as well as the credit certificate issued by the bank or audit institution where the basic account is opened, and relevant documents and materials specified in the Company Law; The guarantor has provided a written declaration of the litigation preservation guarantee situation; A written statement stating that the guarantor has not been included in the list of dishonest persons subject to enforcement by the people’s court within the past five years, and that the legal representative of the guarantor has not been included in the list of restricted high consumption; Other materials required by the court to be submitted.
(4) For physical guarantees, a list of physical guarantees, storage locations, and a list of custodians or warehouse property certificates should be provided. If necessary, an evaluation report on the physical value by the evaluation agency should also be provided.
(5) If registered real estate or registered movable property is used as collateral, proof documents such as registration information of other rights issued by the registration authority and no judicial restrictions shall be provided.
(6) If guaranteed by certificates of rights such as bonds, deposit certificates, bills of lading, and intellectual property rights certificates, original certificates of rights such as bonds, deposit certificates, bills of lading, and intellectual property rights certificates shall be provided and kept by the court on behalf of others.
3. Applicant’s Qualification Materials
If the applicant is a natural person, submit a copy of their identification document; If the applicant is a legal person or an unincorporated organization, please submit a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge.
4. Authorization Letter
If the agent is a lawyer, submit an authorization letter and a letter from the law firm; If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.
5. Confirmation of Delivery Address for Legal Documents
1、 What are the application conditions for maritime injunctions?
1. The requester has a specific maritime claim;
2. Need to correct the respondent’s violation of legal provisions or contractual agreements;
3. The situation is urgent, failure to make a maritime injunction immediately will cause damage or expand the damage.
4. The guarantee provided by the requester complies with legal provisions.
2、 What materials are required to apply for a maritime injunction?
1. Maritime injunction application and evidence
The application for compulsory order shall be in duplicate (original), indicating the name of the applicant, the name of the respondent, the requested matters, the location and place of the subject matter, the facts and reasons of the application, and shall be signed and stamped by the applicant. The attached evidence showing the name of the vessel, cargo markings, document numbers, etc. should be consistent with the content recorded in the application.
2. Guarantee letter
Independent guarantee issued by cash or financial institutions.
3. Applicant’s Qualification Materials
If the applicant is a natural person, submit a copy of their identification document; If the applicant is a legal person or an unincorporated organization, please submit a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge
4. Authorization and delegation
If the agent is a lawyer, submit an authorization letter and a letter from the law firm; If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.
5. Confirmation of Delivery Address for Legal Documents
1、 What are the conditions for applying for maritime priority notice?
1. When a ship is transferred, the transferee may apply to the maritime court for a notice of maritime priority to urge the maritime priority holder to claim their rights in a timely manner and eliminate the maritime priority attached to the ship.
2. If the transferee applies for a notice of maritime priority, it shall submit it to the maritime court of the place where the transferred ship is delivered or where the transferee is located.
2、 What materials should be submitted for the application for maritime priority notice?
1. Application for Notice of Maritime Lien
The application shall specify the name of the vessel, the facts and reasons for the application for maritime priority.
2. Evidence materials for the transfer and acquisition of ships
Evidence materials including ship ownership certificates, nationality certificates, and other ship information, as well as evidence such as ship purchase and sale contracts.
3. Applicant’s Qualification Materials
If the applicant is a natural person, submit a copy of their identification document; If the applicant is a legal person or an unincorporated organization, please submit a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge.
4. Authorization Letter
If the agent is a lawyer, submit an authorization letter and a letter from the law firm; If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.
5. Confirmation of Delivery Address for Legal Documents
1、 What are the application conditions for debt registration?
1. After the announcement of the maritime court’s ruling on compulsory auction of ships is issued, creditors shall register their claims related to the auctioned ships during the announcement period. “Claims related to the auctioned vessel” refers to maritime claims related to the auctioned vessel.
2. After the announcement of the establishment of a maritime compensation liability limitation fund is accepted by the maritime court, creditors shall apply for registration of their claims related to maritime accidents that occur in specific occasions during the announcement period.
2、 What materials should be submitted for debt registration?
1. Application for Debt Registration and Relevant Evidence of Debt
The application shall specify the amount of the application for maritime claim registration and the amount of the debt to be repaid. In the facts and reasons section, specify the time, place, reason, statement of the process, and main content of the maritime claim.
2. Evidence of creditor’s rights
This includes legally binding judgments, rulings, mediation agreements, arbitration awards, notarized debt documents that prove the creditor’s rights, as well as other evidence materials that prove the existence of maritime claims.
3. Applicant’s Qualification Materials
If the applicant is a natural person, submit a copy of their identification document; If the applicant is a legal person or an unincorporated organization, please submit a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge.
4. Authorization Letter
If the agent is a lawyer, submit an authorization letter and a letter from the law firm; If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.
5. Confirmation of Delivery Address for Legal Documents
1、 What requirements must be met for executing a case application?
（1） The conditions for applying for execution
1. The legal documents have come into effect;
2. The applicant for enforcement is the right holder determined by the effective legal document, or its heirs or successors;
3. The applicant for enforcement shall submit the application within the statutory deadline;
4. The rights and obligations of the legal documents applied for execution are clear, and the payment content is clear;
5. The obligor fails to fulfill its obligations within the time limit determined by the effective legal document;
6. Belongs to the jurisdiction of the court applying for enforcement.
（2） Materials to be submitted for application execution
1. Application Execution Form
On the application execution form, specify the information of the person to be executed, and the application execution content should be filled out item by item. For installment performance, only the expired part can be applied for.
2. Execution basis
Original legal documents should be provided (copies of legal documents issued by this court can be provided).
3. Applicant’s Qualification Materials
If the applicant is a natural person, submit a copy of their identification document; If the applicant is a legal person or an unincorporated organization, please submit a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge.
4. Authorization Letter
If the agent is a lawyer, submit a power of attorney, a copy of the lawyer’s certificate, and a letter from the law firm;
If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.
5. Confirmation of Delivery Address for Legal Documents
6. Notice of Selection Method for Auction Institutions
7. Provide a statement of the property status of the executed person
8. Other materials required by the court
2、 How to apply for filing an objection case?
（1） Scope of application for cases of objection to execution
1. Objections raised by parties and stakeholders who believe that enforcement actions such as investigation and control, disciplinary action, coercive measures, and closure methods during the execution process have infringed upon their legitimate rights and interests.
2. Objections raised by parties or interested parties who believe that the sealing, seizure, freezing, allocation, and other actions during the execution of the preservation order and advance execution order have infringed upon their legitimate rights and interests.
3. An outsider raises an objection to the exclusion of execution against the preserved property or the subject matter of the execution case based on their substantive rights.
4. The person subject to enforcement shall apply for non enforcement of the effective arbitration award and notarized debt documents that have been granted compulsory enforcement effect.
5. Objections to the jurisdiction of execution raised by the debtor.
6. The application for a change or addition of the executor proposed by the applicant for execution or its heirs or successors in rights.
7. The application for changes or additions to the executed person proposed by the applicant.
8. The debtor raises an objection to prevent execution due to the termination of the creditor’s rights, exceeding the application for execution period, or other physical reasons.
9. Other execution objections that can be raised in accordance with the law.
（2） Matters to be noted in the application for objection to execution
1. The name, gender, age, ethnicity, and address of the objector, as well as the name and address of the legal representative or main person in charge of the legal person or non legal organization.
2. The name, gender, address, and other information of the opposing party, as well as the name, address, and other information of the legal person or unincorporated organization.
3. Execution case number.
4. Objection request and the facts and reasons based on it.
（3） Materials to be submitted for objection application
1. If the objector is a natural person, submit a copy of the identification document; If the dissenting party is a legal person or an unincorporated organization, a copy of the business license or organization code certificate, and a certificate of identity of the legal representative or main person in charge shall be submitted.
2. If an objection application is submitted through delegation, relevant materials such as an authorization letter and proof of identity of the agent shall be submitted.
3. The original copy of the objection application and a copy that matches the number of opposing parties.
4. Relevant evidence materials.
5. Address and contact information for legal document delivery.
、 Text requirements for litigation materials
（1） Materials such as indictment, defense, counterclaim, application, etc. If the parties involved are natural persons, their name, gender, date of birth, ethnicity, occupation, workplace, position, and home address or mailing address, contact phone number, postal code, etc. should be clearly stated. If the parties involved are legal persons or other organizations, the full name of the unit, the name, position, phone number, fax number, domicile, and postal code of the legal representative or organization leader should be clearly stated. At the same time, the name, age, unit (law firm), position, mailing address, phone number, postal code, and other basic information of the authorized agent (legal or designated) should be clearly stated.
（2） Regular A4 paper must be used for opening, and fax paper is not allowed.
（3） Pencil, ballpoint pen, pure blue and red ink, and carbon paper are prohibited for writing document materials.
（4） Writing or copying files should leave a margin of about 2 centimeters on the left side of the material as a binding line.
（5） Submit one original copy of the above-mentioned materials to the court, and provide copies according to the number of defendants.
2、 Rights and Obligations of Parties in Litigation
According to the provisions of Article 44, Article 45, Article 49, Article 50, and Article 51 of the Civil Procedure Law of the People’s Republic of China, as well as the relevant provisions of our court on safeguarding the full exercise of civil litigation rights by parties, the litigation rights and obligations enjoyed by parties are as follows:
（1） If a judge, clerk, translator, appraiser, or inspector falls under any of the following circumstances, the parties have the right to apply for their recusal orally or in writing;
1. Being a party to this case or a close relative of a party or litigation agent;
2. Those who have an interest in this case;
3. If there are other relationships with the parties or litigation agents involved in this case, which may affect the fair trial of the case.
（2） The parties have the right to entrust their agents to apply for recusal, collect and provide evidence, engage in debate, request mediation, file an appeal, and apply for enforcement.
（3） The parties involved may access the relevant materials of this case (only after the completion of evidence in the case of ship collision), and may copy the relevant materials and legal documents of this case. The scope and methods for reviewing and copying relevant materials in this case shall be determined by the Supreme People’s Court.
（4） The parties involved must exercise their litigation rights in accordance with the law, abide by the litigation order, and fulfill the obligations determined by legally effective judgments, rulings, and mediation agreements.
（5） Both parties can reach a settlement on their own.
（6） If the plaintiff can abandon or change the litigation claim and increase the amount of the litigation claim, they shall pay the case acceptance fee in accordance with the fee regulations; The defendant may admit or refute the litigation claim, has the right to file a counterclaim, and shall prepay the counterclaim acceptance fee in accordance with the fee regulations within seven days after submitting the counterclaim.
3、 Requirements for entrusted agents
（1） After one party determines the litigation agent, they should immediately fill out an authorization letter, sign or stamp it, and submit it to our court. If the litigation agent is a lawyer, a certificate should be issued by their law firm.
（2） The power of attorney should clearly specify the agency authority of the litigation agent (for special authorizations, the specific scope of authorization should be written as Ming Dynasty’s recognition, modification, waiver of litigation requests, settlement, filing of counterclaims or appeals, etc.). If the authority of the litigation agent is changed or revoked, the parties shall notify this court in writing.
（3） Litigation agents should effectively fulfill the following basic agency responsibilities:
1. Strictly abide by the time notified by the court and come to the court on time to fulfill the duties of litigation agency;
2. Consciously maintain the order of litigation, obey the commands of judges, and abide by court discipline;
3. Have a relatively complete understanding of the facts of this case, and be able to truthfully explain and provide relevant evidence;
4. Can fully articulate the client’s views on the facts and litigation claims of this case.
If the litigation agent is unable to fully fulfill the above responsibilities, which may delay the trial process of this case, the presiding judge or the collegial panel will issue a warning to them. If they still fail to make corrections, the principal shall be responsible for any adverse consequences arising from this.
4、 Court appearance requirements
The parties shall appear in court on time according to the time determined by the court summons to attend the trial or accept inquiries. If there are special circumstances that prevent you from appearing in court on time, you should explain the situation to the court no later than three days before the hearing.
If the defendant refuses to appear in court without justifiable reasons, or leaves the court midway without the permission of the court, the court will handle it as withdrawing the lawsuit or conducting a trial in absentia in accordance with the law.
5、 Special litigation requirements for foreign-related cases
（1） The parties involved shall submit their complaint, counterclaim, defense, and application to this court in the language commonly used in the People’s Republic of China. If it is necessary to deliver to a foreign party, an English translation or a text in the domestic language of the recipient should be provided.
（2） The foreign parties listed in the litigation materials should indicate their nationality, foreign names, enterprise names, ship names, place names, country names, etc. in Chinese, and all foreign languages should be included except for nationality.
（3） Foreign language documentary evidence or explanatory materials provided to this institution should be accompanied by a Chinese translation. The evidence materials are formed outside the territory of our country, and should also be certified by the notary public of the host country and authenticated by the Chinese embassy or consulate in that country, or processed in accordance with the provisions of the judicial treaty between our country and the host country.
（4） Foreign parties applying for property preservation, evidence preservation, and maritime injunctions in this court shall provide sufficient, reliable, and enforceable guarantees within China.
（5） Foreigners, stateless persons, foreign enterprises and organizations who need to entrust lawyers to represent them in litigation must entrust lawyers from the People’s Republic of China.
（6） Foreigners, stateless persons, foreign enterprises and organizations without a domicile within the territory of the People’s Republic of China who entrust lawyers or other persons of the People’s Republic of China to act as agents in litigation shall have their power of attorney sent or entrusted from outside the territory of the People’s Republic of China certified by a notary public in the country where they are located, authenticated by the Chinese embassy or consulate in that country, or after completing the certification procedures stipulated in the relevant treaties between the People’s Republic of China and the country where they are located, before it becomes effective.
Maritime preservation cases include cases where the maritime claimant, in order to protect the realization of their rights, applies for the seizure of the ship (including restrictions on ship disposal), the cargo on board, ship materials and spare parts, and ship fuel before litigation, as well as cases where the maritime claimant applies for the freezing and sealing of property before litigation. Such cases should be filed with the maritime court of the location where the preserved property is located. Local people’s courts cannot accept cases of seizure of ships (including restrictions on ship disposal), cargo on board, ship materials and spare parts, and ship fuel, nor should they freeze and seal other property before filing maritime claims.
The reasons for applying for pre litigation detention of a ship must comply with the 22 maritime claims stipulated in Article 21 of the Maritime Procedure Law.
The procedure and requirements for pre litigation application: a written application (request items, reasons, preserved vessel, and required amount of guarantee), providing relevant evidence and counter guarantee.
A maritime injunction case refers to a compulsory measure taken by a maritime court, based on the application of a maritime claimant, to order the respondent to act or refrain from acting in order to protect their legitimate rights and interests from infringement. When a fishing boat or equipment is unreasonably seized by others.
The application for a maritime injunction before litigation shall be submitted to the maritime court in the place where the maritime dispute arises.
To make a maritime injunction, three conditions should be met: specific maritime claims, the need to correct the illegal or breach of contract of the respondent, and urgent circumstances.
The requester shall submit a written application, relevant evidence, and guarantee.
Maritime evidence preservation cases refer to compulsory measures taken by maritime courts to extract, preserve, or seal evidence related to maritime claims based on the application of the maritime claimant.
Before filing a lawsuit, an application for maritime evidence preservation shall be submitted to the maritime court in the place where the preserved evidence is located. The requester shall submit a written application, relevant evidence, and guarantee.
To adopt maritime evidence preservation, four conditions should be met: the requester is a party to the maritime claim, the preserved evidence has a evidential effect on the maritime claim, the requested person is related to the preserved evidence, and the situation is urgent.
The application for the establishment of a maritime compensation liability limitation fund is a special system in maritime litigation. Chapter 11 of the Maritime Law stipulates that shipowners can enjoy liability limitations in accordance with the law for maritime claims stipulated by law. Therefore, if the shipowner, lessee, operator, salvor, and insurer apply for liability limitation in accordance with the law after a maritime accident occurs, they can apply to the maritime court to establish a maritime compensation liability limitation fund before or during the litigation. Any claims raised in a lawsuit should be filed no later than the first instance judgment. If an application for the establishment of a fund is made before litigation, it should be submitted 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 detained.
The significance of applying for the establishment of a fund: limiting the amount of compensation; After the establishment of the fund, no person who makes a maritime claim to the applicant for the same maritime accident shall make a request for seizure of any of the applicant’s property.
Ship priority notice case: Ship priority is also a special legal system stipulated by the Maritime Law. It refers to the maritime claimant’s right of priority compensation to the ship owner, bareboat charterer, and ship operator in accordance with Article 20 of the Maritime Law. The maritime priority must be exercised through the detention of the ship. The secured creditor’s rights have priority over liens and mortgages for repayment.
The maritime priority is attached to the ship and shall not be extinguished by the transfer of ownership of the ship. It has a one-year statute of limitations and shall be counted from the date of the priority. It needs to be registered and becomes effective, but is extinguished due to four reasons: failure to exercise beyond the time limit, forced auction of the ship by the court, loss of the ship, and failure to exercise upon expiration of the court’s announcement. Therefore, maritime priority has the characteristic of secrecy, which poses a potential threat to the transferee of the ship.
When a ship is transferred, the transferee may apply to the maritime court of the place where the ship is delivered or the transferee’s domicile for a notice of maritime priority, urging the maritime priority holder to claim their rights in a timely manner and eliminate the maritime priority attached to the ship.
When applying, submit the application form, ship transfer contract, ship related certificates, and other documents. After approval by the maritime court, a notice shall be issued to urge the priority holder to claim the maritime priority during the notice period. Those who claim their rights during the notice period should register with the maritime court; Those who do not assert their rights shall be deemed to have waived the maritime priority. The maritime court shall make an exclusion judgment based on the applicant’s application and make a public announcement.
Haikou Maritime Court: No. 28 Bailong South Road, Meilan District, Haikou City (Sino French Building)
Phone: 0898-66118116 (for case consultation)
The Sanya Court of Haikou Maritime Court: has jurisdiction over the first instance maritime and commercial cases that occur in the waters of Sanya, Lingshui, and Ledong.
Address: 344 Jinjiling Road, Sanya City
Phone: 0898-88677596 0898-88677121
The Boao Court of Haikou Maritime Court has jurisdiction over first instance maritime and commercial cases that occur in the Wenchang, Qionghai, and Wanning sea areas.
Address: Changping Street, Boao Town, Qionghai City
Phone: 0898-62926886
Haikou Maritime Court Yangpu Court: has jurisdiction over the first instance maritime and commercial cases that occur in the waters of Danzhou and Yangpu.
Address: No. 6 Shadi Road, Yangpu Economic Development Zone
Phone: 0898-31297883
The eight courts of Haikou Maritime Court have jurisdiction over first instance maritime and commercial cases that occur in the eastern and Changjiang waters.
Address: 4th Floor, New Trial Office Building, Dongfang People’s Court, No. 9 North Jiulong Road, Dongfang City
Phone: 0898-25510317
The Sansha Court of Haikou Maritime Court has jurisdiction over first instance maritime and commercial cases involving islands and waters such as Xisha, Zhongsha, Nansha, and Huangyan Island.
Address: Yongxing Island, Xisha, Sansha City
Phone: 0898-66118162
Please prepare the following materials when filing a lawsuit:
1. Original indictment
The number of copies is equal to the number of opposing parties+1. If a natural person files a lawsuit, it shall be signed and stamped by the natural person. If a legal person or an unincorporated organization files a lawsuit, it shall be signed and stamped by the legal representative or person in charge.
Please clarify the cause of the case in the complaint.
2. Materials proving the subject qualifications of the parties involved and the other party
2.1. The parties involved are natural persons
Provide copies of resident ID card, residence permit, household registration book, passport, Hong Kong and Macao compatriot return permit, etc. that have been verified to match the original.
Provide proof of habitual residence (if any): the valid residence permit application information issued by the Population Information Department of the Public Security Bureau; Or a residence certificate issued by the neighborhood committee or the police station of the public security bureau, proving that the person has been residing in the jurisdiction of this court for at least one year from a certain year, month, day to the present.
2.2. The parties involved are legal persons or unincorporated organizations
The original identity certificate of the legal representative (person in charge), a copy of the ID card of the legal representative (person in charge) stamped with the official seal, a copy of the business license, and a copy of the organization code certificate (if any). When the parties are foreign-related or Hong Kong, Macao, and Taiwan related entities, the original entity information notarized and authenticated by the notary department must be submitted.
2.3. Qualification materials of the counterparty (counterparty)
Population information/business registration information/organization code certificate information that is sufficient to distinguish oneself from others.
3. Entrusted agency materials of the parties involved
3.1. Original Authorization Letter
Please indicate general authorization or special authorization and corresponding permissions. When the parties involved are foreign-related or Hong Kong, Macao, and Taiwan related entities, the power of attorney must also be notarized, authenticated, or signed in front of the staff of this court.
3.2. Proof of Agent Qualification Materials
If represented by a lawyer, the original letter from the law firm and a verified copy of the practice certificate should be submitted.
If a grassroots legal service worker acts as an agent, they should submit the practicing certificate of the legal service worker, the introduction letter issued by the grassroots legal service, and the original documents proving that the party belongs to the jurisdiction.
If a close relative or guardian acts as an agent, the original proof of kinship and a copy of the agent’s ID card should be submitted.
If an employee acts as an agent for their unit, they should submit a copy of the employee’s labor contract stamped with the unit seal, social security payment records, and a copy of the agent’s ID card.
If a citizen acts as an agent, they should submit: a copy of the agent’s ID card, recommended materials from the community or unit where the party is located, and proof of the party’s belonging to the community or unit. (If a citizen recommended by a social organization acts as a litigation agent, they should meet the following conditions: a. the social organization belongs to a non-profit legal entity registered or exempted from registration according to law; b. the principal belongs to a member of the social organization, or one party’s domicile is located in the activity area of the social organization;); c. Agency affairs fall within the scope of business specified in the articles of association of the social organization; d. The recommended citizen is the person in charge of the social organization or a staff member who has a legal labor relationship with the social organization.
4. Evidence materials
4.1. List of Evidence
Provide a detailed list of the name, page number, and number of copies of the submitted materials. In the remarks column, indicate whether each material is an original or photocopy and the purpose of proof, and have it signed by the party or agent, with the submission date indicated.
4.2. Evidence
Encode into a book, make sure the page numbers correspond to the evidence table, and the number of copies should be the number of opposing parties+1.
If the evidence is presented in foreign language, please submit a Chinese translation (it is recommended to submit it to a translation agency).
5. Delivery address confirmation and other materials
5.1. Delivery Address Confirmation
It is necessary to specify in detail the contact addresses and contact information of both parties and sign for confirmation. If the lawyer representing the party fills out the confirmation of the party’s delivery address, it is recommended to fill in the electronic delivery option and select “agree to accept electronic delivery”. If it is necessary to fill in the confirmation form for the delivery address of the other party, please note the contact phone number, the latest contact date, and whether the other party can be contacted in the “verification of the other party’s business situation” section.
5.2. Case Information Disclosure Letter
The parties may clarify the specific circumstances of the matters under the listed procedures based on the actual situation.
5.3. Confirmation of Litigation Cost Refund
If the parties choose to agree to the court’s refusal to refund the litigation costs, and if the parties choose to agree not to refund the litigation costs, the litigation costs borne by the other party may be included in the application for compulsory execution after winning the lawsuit.
6. Requirements for typified cases
6.1. Disputes over liability for ship collision damage
Please fill out the Maritime Accident Investigation Form and sign it in accordance with the requirements of the Maritime Litigation Special Procedure Law.
6.2. Element based trial type cases
If it is a dispute over compensation for personal injury at sea, a dispute over container demurrage fees under a contract for the transportation of goods by sea, a dispute over payment of fees by sea freight forwarders, a dispute over crew labor contracts, or a dispute over ship ownership caused by the sale of ships, please fill out the corresponding element table and sign it.
The element table can be downloaded from the official website of our court or obtained from the personnel at the filing window.
