Some Provisions of the Supreme People's Court on the Scope of Cases to be entertained by Maritime Courts

2012-11-23 12:51:31 BJT

Appendix 1

 

Some Provisions of the Supreme People's Court on the Scope of Cases to be entertained by Maritime Courts

(Adopted by the Judicial Committee of the Supreme People's Court at the 1187th Meeting on August 9, 2001)

 

No. 27 [2001] of Interpretation of the Supreme People's Court

 

The Special Maritime Procedure Law of the People's Republic of China entered into force on July 1, 2000. In accordance with the Civil Procedure Law of the People's Republic of China, the Special Maritime Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and the relevant international conventions acceded to by or approved by China, with reference to international practices and on the basis of summing up the practical experiences in maritime trial of China, the scope of cases to be entertained by maritime courts is hereby provided as follows:

 

I.          Cases on maritime tortious disputes

 

1.      Cases on claims for damages arising out of collisions of vessels, including cases on disputes over claims for damages caused by indirect collisions, such as damages from waves, etc..

 

2.      Cases on disputes over claims for damages arising out of collisions of vessels with the facilities or other properties on the sea, on water areas leading to the sea, in the harbor or on the shore, including cases on disputes over claims for damages caused by collisions of vessels with the wharf, wave-proof embankment, landing stage, vessel lock, bridge or with such navigation-supporting facilities as navigation mark, etc. or with other facilities on the sea.

 

3.      Cases on disputes over claims for damages caused by vessels to the facilities or other properties which are set up in the air or laid on the bottom of the sea or of the water areas leading to the sea.

 

4.      Cases on disputes over claims for damages arising out of oil, polluted water or other harmful substances discharged, leaked, or dumped from vessels, which cause pollution to water areas or cause damages to other vessels, goods or other properties.

 

5.      Cases on disputes over claims for damages arising out of shipping, production, operations on the sea or on water areas leading to the sea, building, repairing, dismantling of vessels, or harbor operations and construction, which cause pollution to water areas, beaches or cause damages to other vessels, goods or other properties.

 

6.      Cases on disputes over claims for damages to fishing or breeding facilities or to aquatic bred products arising out of navigation or operations of vessels.

 

7.      Cases on disputes over claims for damages arising out of the sunken vessels or articles as well as their wreckages and abandoned articles in the sea-lane, or improper temporary or permanent facilities or installations on the sea or on water areas leading to the sea, which influence the navigation of vessels and cause damages to vessels, goods or other properties.

 

8.      Cases on disputes over claims for damages arising out of personal death or injury accidents which occur in the process of vessels' shipping or operations on the sea or on water areas leading to the sea, or of harbor operations.

 

9.      Cases on disputes over illegal lien of vessels, cargo and materials or reserved parts used for vessels.

 

10.  Other cases on maritime tortious dispute.

 

II.       Cases on disputes over contracts of maritime trade

 

11.  Cases on disputes over contracts of carriage of goods by sea or by water areas leading to the sea, including cases on disputes over contracts of carriage of goods by water such as oceangoing transport, international multimodal transport containing shipping sections, coastal and inland water transport, and water-water transshipment, water-land transshipment, etc..

 

12.  Cases on disputes over contracts of carriage of passengers or luggage by sea or by water areas leading to the sea.

 

13.  Cases on disputes over contracts on operation and management of vessels.

 

14.  Cases on disputes over contracts on building, sale, repairing, rebuilding or dismantling of vessels.

 

15.  Cases on disputes over contracts on mortgage of vessels.

 

16.  Cases on disputes over charter party, including cases on disputes over bareboat charter party (including leased purchase), time charter party, and voyage charter party.

 

17.  Cases on disputes over contracts on financial lease of vessels.

 

18.  Cases on disputes over contracts on undertaking contract of transporting vessels along the coast or on water areas leading to the sea.

 

19.  Cases on disputes over contracts on undertaking contract of fishing vessels.

 

20.  Cases on disputes over contracts on lease or custody of utensils affixed to vessels or of shipping containers.

 

21.  Cases on disputes over contracts on custody of goods in the harbor.

 

22.  Cases on disputes over contracts on agency of vessels.

 

23.  Cases on disputes over contracts of cargo agency relating to vessels' transport on the sea or on water areas leading to the sea.

 

24.  Cases on disputes over contracts on supply of materials or reserved parts used for vessels.

 

25.  Cases on disputes over contracts of labor services provided by the crew.

 

26.  Cases on disputes over contracts of salvage at sea or contract of refloatation at sea.

 

27.  Cases on disputes over contracts of towage.

 

28.  Cases on disputes over contract of marine insurance or of protection and indemnity, including cases on disputes over insurance of goods transported by water, insurance of vessels, oil pollution and other protection and indemnity liability insurance, personal insurance, insurance of facilities on the sea, container insurance, etc..

 

29.  Cases on disputes over contracts on economic association of transport on the sea or on water areas leading to the sea.

 

30.  Cases on disputes over loan contracts relating to operation of vessels.

 

31.  Cases on disputes over contracts of maritime guaranty.

 

32.  Cases on disputes over other maritime trade contracts.

 

III.     Other cases on disputes over maritime affairs and maritime trade

 

33.  Cases on disputes over claims arising out of serious accidents from negligence, which occur in the transportation or operation (including fishing operations) on the sea, on water areas leading to the sea, or in the harbor.

 

34.  Cases on disputes over harbor operations.

 

35.  Cases on disputes over general average.

 

36.  Cases on disputes over development and utilization of sea, including cases on disputes over development and utilization of continental shelf (such as exploitation of offshore oil or natural gas), desalination and comprehensive utilization of sea water, underwater marine projects, marine scientific inspection, etc..

 

37.  Cases on disputes over operation, proceeds, distribution and property division among the co-owners of vessels engaged in transport or fishery production on the sea or on water areas leading to the sea.

 

38.  Cases on disputes over ownership, possession right, use right, mortgage and lien of vessels and maritime liens.

 

39.  Cases on disputes over shipping frauds.

 

40.  Maritime administrative cases.

 

41.  Cases on administrative maritime compensation.

 

42.  Cases on application for ascertainment of the validity of maritime arbitration agreements.

 

43.  Cases on application for revocation of maritime arbitral awards.

 

44.  Cases on application for ascertainment of ownerless properties on the sea or on water areas leading to the sea.

 

45.  Cases on application for voluntary service to the properties on the sea or on water areas leading to the sea.

 

46.  Cases on application for declaration of deaths in maritime accidents.

 

47.  Cases on preservation of maritime claims, including cases on the maritime claimant's application prior to litigation for distrainment of vessels, cargo, materials or reserved parts used for vessels or fuels used for vessels, and cases on his application prior to litigation for freezing or sealing up properties, for the sake of protecting the realization of his maritime claims.

 

48.  Cases on disputes over claims for damages arising out of a wrong application for preservation of maritime claims or of a claim for excessive amount of guaranty.

 

49.  Maritime injunction cases.

 

50.  Cases on preservation of maritime evidence.

 

51.  Cases on disputes over claims for damages arising out of wrong application for maritime injunction or preservation of maritime evidence.

 

52.  Cases on maritime order of payment.

 

53.  Cases on publicizing public notice for assertion of maritime claims.

 

54.  Cases on establishment of the fund of liability limitation for maritime claims.

 

55.  Cases on maritime credit registration and repayment.

 

56.  Cases on litigation for confirmation of rights relating to maritime credit registration.

 

57.  Cases on notice for assertion of maritime liens.

 

58.  Other cases provided by law to be entertained by maritime courts or handed over by the people's courts at upper levels.

 

IV.    Maritime execution cases

 

59.  Cases on application for execution of the effective legal documents rendered by the maritime court or by the higher people's court in the appellant instance or by the Supreme People's Court on the basis of the maritime requests.

 

60.  Cases on application by the administrative organ in charge of sea and water areas leading to the sea in accordance with the law for compulsory execution.

 

61.  Cases on application of recognition and enforcement of maritime arbitral awards by foreign arbitration institutions in accordance with Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958).

 

62.  Cases on application for execution of credit documents relating to vessels and operation of vessels, confirmed by the public notarization organ.

 

63.  Maritime and maritime trade cases with the orders or judgments rendered by foreign courts to be applied for recognition and assisted enforcement in accordance with the judicial assistance agreements concluded between China and foreign countries or in compliance with the principle of reciprocity.

 

V.       Other Provisions

 

64.  Administrative cases entertained by maritime courts shall be tried by the judicial tribunals in charge of maritime and maritime trade cases in the appellate instance.

 

65.  These Provisions shall come into force as of the date of their promulgation. The Supreme People's Court's Circular on Printing and Distributing ¡°Provisions on the Scope of Cases to be Entertained by Maritime Courts¡± on May 13, 1989 (No. 6 [1989] (Transport) Distributed by the Supreme People's Court), and Circular on Further Implementing the Scope of Cases to be Entertained by Maritime Courts on December 23, 1989 (No. 39 [1989] (Transport) Distributed by the Supreme People's Court) shall be abolished at the same time.

 

66.  Where any relevant provision made by this Court in the past is inconsistent with these Provisions, these Provisions shall prevail.

 

Note:

In accordance with relevant provisions stipulated by the Supreme People¡¯s Court and Guangdong Provincial Higher People¡¯s Court, cases on application by the administrative organ in charge of sea and water areas leading to the sea in accordance with the law for compulsory execution shall not fall into the scope of cases to be entertained by Guangzhou Maritime Court.

 

 


 

Appendix 2

 

Special provisions on maritime jurisdiction stipulated by the Special Maritime Procedural Law of the People¡¯s Republic of China.

 

Article 6 Maritime territorial jurisdiction shall be conducted in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China.

 

The maritime territorial jurisdiction below shall be conducted in accordance with the following provisions:

 

(1)   A lawsuit brought on maritime tortious may be, in addition to the provisions of Articles 19 to 31 of the Civil Procedure Law of the People's Republic of China, under jurisdiction of the maritime court of the place of its port of registry;

(2)   A lawsuit brought on maritime transportation contract may be, in addition to the provisions of Articles 82 of the Civil Procedure Law of the People's Republic of China, under jurisdiction of the maritime court of the place of its port of re-transportation;

(3)   A lawsuit brought on maritime charter parties may be under jurisdiction of the maritime court of the place of its port of ship delivery, port of ship return, port of ship registry, port where the defendant has its domicile;

(4)   A lawsuit brought on a maritime protection and indemnity contract may be under jurisdiction of the maritime court of the place where the object of the action is located, the place where the accident occurred or the place where the defendant has its domicile;

(5)   A lawsuit brought on a maritime contract of employment of crew may be under jurisdiction of the maritime court of the place where the plaintiff has its domicile, the place where the contract is signed, the place of the port where the crew is abroad or the port where the crew leaves the ship or the place where the defendant has its domicile;

(6)   A lawsuit brought on a maritime guaranty may be under jurisdiction of the maritime court of the place where the property mortgaged is located or the place where the defendant has its domicile; a lawsuit brought on a ship mortgage may also be under jurisdiction of the maritime court in the place of registry port;

(7)   A lawsuit brought on ownership, procession, and use, maritime liens of a ship, may be under jurisdiction of the maritime court of the place where the ship is located, the place of ship registry or the place where the defendant has its domicile.

 

Article 7 The following maritime litigation shall be under the exclusive jurisdiction of the maritime courts specified in this Article:

 

(1)     A lawsuit brought on a dispute over harbor operations shall be under the jurisdiction of the maritime court of the place where the harbor is located;

(2)     A lawsuit brought on a dispute over pollution damage for a ship's discharge, omission or dumping of oil or other harmful substances, or maritime production, operations, ship scrapping, repairing operations shall be under the jurisdiction of the maritime court of the place where oil pollution occurred, where injury result occurred or where preventive measures were taken;

(3)     A lawsuit brought on a dispute over a performance of a maritime exploration and development contract within the territory of the People's Republic of China and the sea areas under its jurisdiction shall be under the jurisdiction of the maritime court of the place where the contract is performed.

 

Article 8 Where the parties to a maritime dispute are foreign nationals, stateless persons, foreign enterprises or organizations and the parties, through written agreement, choose the maritime court of the People's Republic of China to exercise jurisdiction, even if the place which has practical connections with the dispute is not within the territory of the People's Republic of China, the maritime court of the People's Republic of China shall also have jurisdiction over the dispute.

 

Article 9 An application for determining a maritime property as ownerless shall be filed by the parties with the maritime court of the place where the property is located; an application for declaring a person as dead due to a maritime accident shall be filed with the maritime court of the place where the competent organ responsible for handling with the accident or the maritime court that accepts the relevant maritime cases.

 

Article 10      In the event of a jurisdictional dispute between a maritime court and a people's court, it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people's court for the designation of jurisdiction.

 

Article 11      When the parties apply for enforcement of maritime arbitral award, apply for recognition and enforcement of a judgment or written order of a foreign court and foreign maritime arbitral award, an application shall be filed with the maritime court of the place where the property subjected to execution or of the place where the person subjected to execution has its domicile. In case of no maritime court in the place where the property subjected to execution or in the place where the person subjected to execution has its domicile, an application shall be filed with the intermediate people's court of the place where the property subjected to execution or of the place where the person subjected to execution has its domicile.


 

Appendix 3

 

Cases entertained by Guangzhou Maritime Court

 

1.        Cases of maritime and admiralty disputes

 

Cases on disputes over claims for damage arising out of collisions of ships

 

Cases on disputes over claims for damage arising out of collisions involving ships and terminal

 

Cases on disputes over claims for damage caused by ships to the facilities which are set up in the air or laid on the bottom of the sea

 

Cases on disputes over claims for damage arising out of ship pollution

 

Cases on disputes over claims for damage arising out of pollution on the sea or water areas leading to the sea

 

Cases on disputes over claims for damage to aquatic bred products on the sea or water areas leading to the sea

 

Cases on disputes over claims for damage of property on the sea or water areas leading to the sea

 

Cases on disputes over claims for personal injury on the sea or water areas leading to the sea

 

Cases on disputes over illegal lien of ships, cargo, fuel and materials used for ships

 

Cases on disputes over contracts of carriage of goods by sea or by water areas leading to the sea

 

Cases on disputes over contracts of carriage of passengers by sea or by water areas leading to the sea

 

Cases on disputes over contracts of carriage of luggage by sea or by water areas leading to the sea

 

Cases on disputes over contracts on operation and management of ships

 

Cases on disputes over contracts on sale of ships

 

Cases on disputes over contracts on building of ships

 

Cases on disputes over contracts on repairing of ships

 

Cases on disputes over contracts on rebuilding of ships

 

Cases on disputes over contracts on dismantling of ships

 

Cases on disputes over contracts on mortgage of ships

 

Cases on disputes over voyage charter party

 

Cases on disputes over charter party

 

1)      Time charter party

2)      Bareboat charter party

 

Cases on disputes over contracts on financial lease of ships

 

Cases on disputes over contracts on undertaking contract of transporting ships on the sea or on water areas leading to the sea

 

Cases on disputes over contracts on undertaking contract of fishing ships

 

Cases on disputes over contracts on lease of utensils affixed to ships

 

Cases on disputes over contracts on custody of utensils affixed to ships

 

Cases on disputes over contracts on lease of shipping containers

 

Cases on disputes over contracts on custody of shipping containers

 

Cases on disputes over contracts on custody of goods in the harbor

 

Cases on disputes over contracts on shipping agency

 

Cases on disputes over contracts of cargo agency relating to ships¡¯ transport on the sea or on the water areas leading to the sea

 

Cases on disputes over contracts of tally

 

Cases on disputes over contracts on supply of materials or reserved parts used for ships

 

Cases on disputes over contracts on labor services provided by the crew

 

Cases on disputes over contracts of salvage at sea

 

Cases on disputes over contracts of refloatation at sea or water areas leading to the sea

 

Cases on disputes over contracts of towage at sea or water areas leading to the sea

 

Cases on disputes over contracts of marine insurance

 

Cases on disputes over contracts of protection and indemnity

 

Cases on disputes over contracts on economic association of transport on the sea or on water areas leading to the sea

 

Cases on disputes over loan contracts relating to operation of ships

 

Cases on disputes over contracts of maritime guaranty

 

Cases on disputes over contracts of channel and harbor dredging

 

Cases on disputes over contracts on the building of shipyard and wharf

 

Cases on disputes over contracts on survey of ships

 

Cases on disputes over claims arising out of serious accidents which occur during the transportation or operation on the sea or water areas leading to the sea

 

Cases on disputes over claims arising out of serious accidents which occur during the operation in the harbor

 

Cases on disputes over harbor operations

 

Cases on disputes over general average

 

Cases on disputes over development and utilization of sea

 

Cases on disputes between the co-owners of ships

 

Cases on disputes over the ownership of the ships

 

Cases on disputes over shipping frauds

 

Cases on disputes over the confirmation of maritime credits

 

2.        Cases to which the special maritime procedure shall be applied

 

Cases on preservation of maritime claims

 

1)      Cases on application for ship arrest

2)      Cases on application for auction of the arrested ship

3)      Cases on application for distrainment of cargo

4)      Cases on application for auction of the cargo held in custody

5)      Cases on application for distrainment of reserved parts or fuels used for ships

6)      Cases on application for auction of the reserved parts or fuels held in custody

 

Cases on application for maritime order of payment

 

Cases on application for maritime injunction

 

Cases on application for preservation of maritime evidence

 

Cases on application for establishment of the fund of liability limitation for maritime claims

 

Cases on application for announcement for assertion of maritime liens

 

Cases on application for maritime credit registration and repayment







Copyright 2001-2017 Guangzhou Maritime Court¡¡All Rights Reserved
The website published the news, information and various special column material,
without agreement, forbid to use!