Headquarters
Address: No. 280 Lu Xun Road, Zhongshan District, Dalian City
Filing matters:
0411-82759701
0411-82759702
0411-82759703 (execution filing);
Petition matters:
0411-82759884;
Execution matters:
0411-82759745
Judicial appraisal and entrusted evaluation matters:
0411-82759922;
Each dispatched court
1. Bayuquan Court Address: Middle Section of Butterfly Spring Road, Bayuquan District, Yingkou City, Telephone: 0417-6222244;
2. Address of Donggang Court: South Road, 40 meters east of the intersection of Jiawu Street and Yinhe Road, Donggang City, phone number: 0415-7148518;
3. Changhai Court Address: Building 43, Dongshan D Park, Dachangshan Island Town, Changhai County, Dalian City Postal Code: 116599, Telephone: 0411-39370137;
Zhuanghe Circuit Court Address: 2nd Floor, Nanyang Building, No. 5, Section 2, Xinhua Road, Zhuanghe City Phone: 0411-89727688;
4. Address of Jinzhou Court: 100 meters west of Bijia Mountain Roundabout, Changbai Mountain Road, Jinzhou Economic and Technological Development Zone. Telephone: 0416-2877029;
5. Address of Harbin Court: No. 4 Kangshun Street, Nangang District, Harbin City, telephone: 0451-87000849;
6. Address of the Free Trade Zone Court: 5th Floor, Free Trade Building, Haishi Street, Jinzhou District, Dalian City, Liaoning Province. Telephone: 0411-87181491
（1） The conditions that a lawsuit should meet:
1. The plaintiff is a citizen, legal person, and other organization directly interested in this case;
2. There is a clear defendant;
3. There are specific facts and reasons for the litigation claim;
4. This court is under the jurisdiction of the maritime court.
（2） Materials to be submitted for prosecution:
1. Original and copies of the indictment
One original copy shall be submitted to this court, and the number of copies shall be submitted according to the number of opposing parties. The complaint should state the basic information of the parties, the litigation request, facts and reasons, and be signed and stamped by the “plaintiff”, and cannot be copied.
2. List the evidence materials on which the lawsuit is based and provide a list of evidence materials
Evidence materials that meet the conditions for prosecution refer to evidence that proves the eligibility of the parties involved, that the parties have legal interests, and that the dispute belongs to the jurisdiction of this court. The list of evidence materials should indicate the name of the evidence, number of copies, whether it is an original, and the object of proof. The number of copies of evidence materials is the same as the number of copies of the complaint.
3. Proof of Qualification of Litigation Parties such as Plaintiff and Defendant
If the plaintiff is a natural person, submit a copy of the identification document; If the plaintiff is a legal person or an unincorporated organization, 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, shall be submitted. If the defendant is a natural person, submit a copy of the defendant’s identity documents; If the defendant is a legal person or an unincorporated organization, submit a copy of the defendant’s business license or organization code certificate, etc. If the court objects to the identity of the party or agent who filed the case by mail, the party or agent shall submit the litigation materials on site.
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 Plaintiff
6. Confirmation of the bank account number for the successful refund of fees by the parties involved
Fill out the confirmation letter for the bank account of the party involved in the “winning refund”, provide the bank account used to receive the “winning refund”, and clarify whether the losing party voluntarily bears or agrees to directly pay the litigation costs that they have prepaid but should not bear.
（3） Notes on litigation involving foreign affairs, Hong Kong, Macao, and Taiwan
1. If a party submits an indictment, power of attorney, and evidence materials from a foreign country, or provides evidence materials to this court that have been formed in a foreign country, the indictment, power of attorney, and evidence materials shall be notarized in the country where they are located and authenticated by the Chinese embassy or consulate in that country, or shall perform the certification procedures stipulated in relevant treaties between China and that country.
2. If the parties concerned send the indictment, power of attorney, and evidence materials from the Hong Kong, Macao, and Taiwan regions, or provide evidence materials to this court that are formed in the Hong Kong, Macao, and Taiwan regions, relevant notarization procedures shall be completed.
3. If the indictment, power of attorney, and evidence materials are in foreign languages, a Chinese translation should be submitted at the same time; If it is necessary to serve materials to foreign parties, an official translation in the country where the party being served is located should also be provided. The translation should be done by a qualified translation agency (such as the Shanghai Foreign Affairs Translators Association).
4. Overseas litigation entities may issue a “General Authorization Letter” to domestic companies, entrusting domestic companies to represent them and entrust Chinese lawyers or themselves to handle maritime and commercial litigation related matters conducted within the territory of the People’s Republic of China
（1） 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） Materials required for applying 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
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
（1） Application conditions for maritime priority reminder
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） Materials to 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 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.
1. Proof materials for the establishment, modification, or termination of the freight forwarding contract.
2. Freight forwarding agencies provide enterprise legal person business license, land and water transportation service license, agency business charter, and agency fee basis.
3. Power of attorney or agency agreement.
4. Export goods detailed list.
5. Customs declaration form.
6. Bill of lading.
7. Manifest.
8. Freight forwarder’s prepaid freight voucher.
9. The method and basis for calculating the losses of the principal.
10. Proof of causal relationship between freight forwarder’s negligence and losses.
11. Letters, telegrams, and other materials exchanged between the principal and the freight forwarder regarding agency business.
12. Other evidence materials.
1. The applicant has a maritime claim;
2. The respondent is responsible for the maritime claim. The respondent shall be a party to a maritime dispute legal relationship and shall have an obligation to pay;
3. The seized goods belong to the respondent;
4. Belongs to the jurisdiction of our institution. If an application for seizure of the cargo on board a ship is filed before filing a lawsuit, it shall be submitted to the maritime court of the place where the cargo is located; If the cargo on board the ship is seized in a lawsuit, the maritime court accepting the case shall have jurisdiction.
5. Pay application fees on time and provide reliable guarantees.
1. Basic information of the vessel and crew involved.
2. Navigation situation when ships meet each other.
3. The situation before the collision occurred.
4. The situation at the time of collision.
5. Schematic diagram of ship collision.
6. Cargo loading diagram and cargo damage diagram.
7. Collision loss situation.
8. Proof materials of the causal relationship between negligent behavior and ship damage.
9. Other evidence related to this accident.
1. Insurance contract.
2. Proof of premium payment.
3. Waybill.
4. Payment shipping voucher.
5. Contract for the sale of goods or contract for the construction or sale of ships.
6. Payment voucher.
7. Freight records (partial damage or shortage of goods should be provided).
8. Inspection report (partial damage or shortage of goods should be provided).
9. Evidence of cargo or vessel damage (such as a maritime report if the cargo is damaged due to sinking).
Answer: Foreigners, stateless persons, foreign enterprises and organizations can personally file lawsuits or respond to lawsuits in Chinese people’s courts, and engage in civil litigation activities, or entrust others to act on their behalf. However, if entrusting someone else to act as an agent in litigation, it shall comply with the provisions of the Civil Procedure Law:
If it is necessary to entrust a lawyer to represent the litigation, a lawyer from the People’s Republic of China must be appointed. This is because a country’s judicial system can only apply to its own country and cannot be extended to foreign countries. The lawyer system is an integral part of the national judicial system, and foreign lawyers participating in litigation activities in non domestic courts is related to a country’s judicial sovereignty. Any sovereign country does not allow foreign lawyers to perform their legal duties in their own country, otherwise it is equivalent to allowing foreign lawyers to interfere in their own judicial trials. In addition, the purpose of the parties entrusting lawyers to represent them in litigation is to seek legal assistance from lawyers. Foreign lawyers are not familiar with the laws of the country where the court is located, and entrusting lawyers from non country countries is often not helpful in resolving cases. Entrusting Chinese lawyers does not exclude foreign parties from entrusting their own citizens or citizens of other countries as litigation agents, does not exclude foreign embassy and consulate officials from serving as litigation agents for domestic parties in their personal names, and does not exclude foreign parties from entrusting Chinese citizens as litigation agents.
2. The Civil Procedure Law stipulates that foreign nationals, 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. A power of attorney is an important litigation document that indicates that the principal’s actions are exercised by the agent, and even the entity’s rights are disposed of. Therefore, the power of attorney must have authenticity and legality. According to the provisions of the Civil Procedure Law, a power of attorney sent or entrusted by a foreign party without a domicile in China from outside the territory of China must be certified by a notary public in the host country and authenticated by the Chinese embassy or consulate before its effectiveness can be recognized by the people’s court. If China has a relevant treaty with the country where the foreign party is located, and the foreign party has completed the certification procedures stipulated in the treaty, its power of attorney shall also be effective. For example, the judicial assistance agreements signed between China and Poland and other countries have provisions exempting authentication. Documents made or certified by the court or other competent authority of one contracting party and stamped with a seal do not need to be authenticated and can be used in the other contracting country. If the parties of the other contracting country complete the above procedures, their authorization and delegation will be valid. This regulation only applies to foreign parties without a domicile in China who send or entrust authorization letters from outside the territory of our country. For foreign parties who have a residence within the territory of our country, as well as those who do not have a residence within the territory of our country but only stay for a short period of time, such as traveling, visiting relatives, giving lectures, or engaging in business, a power of attorney shall be submitted without the need to go through notarization or authentication procedures.
1. If the plaintiff is a foreigner or a resident of Hong Kong, Macao, or Taiwan who personally submits a complaint to the court, they should present identification documents (such as passport, Hong Kong, Macao, or Taiwan resident pass, etc.) and provide a copy. If the plaintiff entrusts others to submit the complaint, they shall submit a notarized and authenticated power of attorney and a copy of the authorized person’s ID card and other identification materials.
2. If a party sends an indictment, power of attorney, and evidence materials from outside the territory of our country, or provides evidence materials to the court that are formed outside the territory of our country, the indictment, power of attorney, and evidence materials shall be notarized by a notary public in the country where they are located, authenticated by the Chinese embassy or consulate in that country, or shall perform the certification procedures stipulated in the relevant treaties between China and the country where they are located.
3. If a party sends an indictment, power of attorney, and evidence materials from Hong Kong, Macao, or Taiwan, or provides evidence materials to the court that were formed in Hong Kong, Macao, or Taiwan, relevant proof procedures should be completed.
4. If the indictment, evidence materials, and authorization letter are in foreign languages, a Chinese translation should be submitted at the same time; If it is necessary to serve materials to foreign parties, an official translation in the country where the party being served is located should also be provided. The translation should be done by a qualified translation agency.
