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.
