CHINA MARITIME LAW NEWSLETTER
Vol. 1, No. 5 - October 5, 2001
Special Edition: P.R.C. Supreme Court's Regulations on the Scope of Maritime Cases Accepted by Maritime Courts. For more information on this new law and its effects on the industry, please send email to mail@chinalaw.cc. |
P.R.C. Supreme Court's Regulations on the Scope of Maritime Cases Accepted by Maritime Courts
(Adopted at the 1187th Meeting of the Trial Committee of the Supreme Court on August 9th of 2001, and Effective on September 18th of 2001)
In accordance with the P.R.C. Civil Litigation Law, P.R.C. Maritime Litigation Special Procedures, P.R.C. Administrative Litigation Law and related international treaties in which China is a member, the scope of cases accepted by the maritime courts is regulated as follows:
1. Maritime Tort Cases:
(1) Compensation cases regarding the collisions between ships, including disputes caused by indirect collisions such as wash-over accidents;
(2) Compensation cases regarding the collisions between ships and facilities or other properties on the sea, wharf, and navigable waters;
(3) Compensation cases regarding damages to facilities or other properties of the air shelving, sea floor and navigable waters, caused by ships;
(4) Leakage liabilities;
(5) Compensation cases regarding the pollution caused by maritime navigation, production, ship construction and repair;
(6) Compensation cases regarding damages to fishing grounds and breeding facilities caused by the navigation or operation of ships;
(7) Compensation cases regarding damage to ships or cargo caused by the sinking of a ship, debris of a sinking ship, refuse and other temporary or permanent facilities on the sea which relate to the navigation of ships;
(8) Compensation cases regarding casualties occurring as a result of the navigation or operation of ships;
(9) Disputes arising from the illegal holding of ships, cargo or materials;
(10) Other maritime tort disputes.
2. Maritime contract disputes:
(11)Contract disputes regarding the transport of goods by sea, including international multimodal transport, coastal transport and inland water transport;
(12) Contract disputes regarding the transport of passengers and their luggage on the sea and navigable waters;
(13) Contract disputes regarding ship management;
(14) Contract disputes regarding the construction, sales, repair, re-construction and disassembly of ships;
(15) Contract disputes regarding the mortgage of ships;
(16) Disputes between charter parties, including bareboat charter parties, time charter parties and voyage charter parties;
(17) Contract disputes regarding the financial lease of ships;
(18) Contract disputes regarding coastal and navigable ship transport;
(19) Contract disputes regarding fishing ships;
(20) Contract disputes regarding the leasing and storing of accessories and containers of ships;
(21) Contract disputes regarding the storage of cargo in a wharf;
(22) Contract disputes regarding agents;
(23) Cargo agent contract disputes related to ship transport on the sea or navigable waters;
(24) Contract disputes regarding the supply of accessories to ships;
(25) Contract disputes regarding crew labor;
(26) Contract disputes regarding salvage and wrecking operations;
(27) Contract disputes regarding sea towage;
(28) Contract disputes regarding marine insurance;
(29) Contract disputes regarding multimodal transport;
(30) Contract disputes for loans related to ship transport;
(31) Contract disputes regarding marine guarantees;
(32) Other disputes regarding marine contracts.
3. Other maritime disputes:
(33) Compensation cases regarding serious accidents occurring during the transport and operations (including wrecking) on the sea or navigable waters;
(34) Wharf operation disputes;
(35) General average disputes;
(36) Ocean development disputes;
(37) Disputes among co-owners of ships who participate in the transport and operation on sea or navigable waters;
(38) Disputes regarding the ownership, usage, mortgage and lien of ships;
(39) Fraudulent marine transportation disputes;
(40) Marine administrative cases;
(41) Marine administrative compensation cases;
(42) Cases regarding applications for the identification of the effectiveness of marine arbitration agreements;
(43) Cases regarding applications for the withdrawal of marine arbitration awards;
(44) Cases regarding applications for the identification of unclaimed properties on sea or navigable waters;
(45) Cases regarding an obligation of negotiorum gestio;
(46) Cases regarding the declaration of death caused by marine accidents;
(47) Cases regarding marine claims for preservation;
(48) Compensation cases for the wrongful preservation of marine claims;
(49) Cases regarding a marine compulsory warrant;
(50)Cases regarding the preservation of marine evidence;
(51) Compensation cases caused by the wrongful application of a marine compulsory warrant and preservation of marine evidence;
(52) Cases regarding marine payment warrant;
(53) Cases regarding marine public notice;
(54)Cases regarding the setting up of a limitation fund for marine compensation liabilities;
(55) Cases regarding the registration of marine creditors' rights and payments;
(56) Cases regarding claim-acknowledgement litigations related to the registration of marine creditor's rights;
(57) Cases regarding the notice of marine liens;
(58) Other cases as regulated by law or instructed by the superior courts.
4. Marine Enforcement Cases:
(59) Enforcement cases regarding the awards from marine courts, superior courts and Supreme People's Courts;
(60) Enforcement cases from marine administrative authorities;
(61) Enforcement cases regarding awards from the foreign arbitration authorities;
(62) Enforcement cases regarding the creditor's rights of the notarial deed;
(63) Enforcement cases regarding awards from foreign courts.
The China MARITIME Law Newsletter is intended to be used for news purposes only. It should not be taken as comprehensive legal advice, and Lehman, Lee & Xu will not be held responsible for any such reliance on its contents.
Lehman Lee & Xu
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