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Nanjing Maritime Court Litigation Guidelines (Maritime Compulsory Order Application Chapter)

Nanjing Maritime Court Litigation Guidelines (Maritime Compulsory Order Application Chapter)

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

Lawyer Liang Shuai