Which Cases Are Under The Jurisdiction Of The Maritime People'S Courts?

The Supreme People's court decided in 1989.

controversy over maritime tort

It includes: (1) cases of compensation for damages caused by ships collision, including damages caused by indirect collision such as wave damage;

(2) cases of damages caused by ships colliding with buildings and facilities at sea, sea and ports, including ships touching wharves, breakwaters, Zhanqiao, locks, bridges, and damage compensation cases for navigational aids and other offshore installations touching navigation aids, etc.

(3) cases of damage caused by damage to vessels erected in the air or under seabed or underwater installations;

(4) cases of damage caused by ship discharge, leakage of harmful substances or sewage, pollution of waters or damage to ships and goods;

(5) Maritime or port construction, operation and ship breaking cause damages to waters, ports or other ships and goods;

(6) cases of compensation for damage caused by ship navigation, operation, damage to fishing nets, other fishing facilities and aquaculture;

(7) improper compensation for damages caused by wrecks, wastes and marine operation facilities in the waterway;

(8) cases of compensation for damages caused by personal injury or death caused by maritime pportation or maritime, coastal waters and port operations;

(9) cases of illegal detention of ships and cargo carried by ships;

(10) other maritime dispute cases.

controversy over a maritime contract

Include:

(1) disputes over contracts for the carriage of goods by water, including ocean going pport, international multimodal pport including maritime areas, coastal and inland waterway pport, and water and cargo intermodal pportation, land and water pport, etc.

(2) disputes over pport contracts for passengers and luggage on water;

(3) disputes over contracts for the construction, sale, repair and dismantling of ships;

(4) a dispute over a loan contract secured by a ship or a ship's operating income.

(5) disputes over chartering contracts, including the bare boat charter, the time charter party, the voyage charter party, the leasing and contract dispute cases of the coastal and inland river pport vessels;

(6) disputes over ship agency contracts;

(7) freight agency contract dispute cases;

(8) supply contract disputes such as ship operation or daily required items;

(9) dispute cases concerning Seamen's labor contracts;

(10) cases of salvage and salvage contract disputes by sea;

(11) case of towing contract dispute;

(12) maritime insurance contract disputes, including maritime cargo insurance, ship insurance, oil pollution and other liability insurance, personal insurance and other insurance contract dispute cases;

(13) maritime pport joint venture dispute cases;

(14) other maritime contract dispute cases.

{page_break}

Other maritime maritime cases

Include:

(1) cases of major liability accidents in maritime and maritime operations (including fishing operations);

(2) disputes over port operations, including disputes in the port area such as survey, exploration, port construction, dredging, blasting, salvage, salvage, towing, underwater construction, port loading and unloading (loading and unloading, barging, custody) and tally operation.

(3) cases of general average disputes;

(4) cases involving loading and unloading equipment, belonged to containers and compensation for loss of containers.

(5) disputes over marine development and utilization, including the development and utilization of the continental shelf, the development and utilization of the coastal zone, the development and utilization of Marine Fisheries and aquatic products, the desalination and comprehensive utilization of seawater, the underwater engineering of the sea, and the marine scientific investigation.

(6) cases involving ship operation, income and distribution disputes among ship owners;

(7) disputes over ship ownership, possession, mortgage, or maritime priority claim;

(8) cognizance of cases involving ships and other property owners at sea;

(9) administrative cases involving the competent authorities of the sea and inland waters;

(10) maritime fraud cases;

(11) other cases handled by the maritime people's court and the people's court at a higher level.

lawsuit of maritime execution

Include:

(1) cases in which the competent authorities of the inland river apply for compulsory enforcement according to law;

(2) a decision made by a maritime arbitration agency, a party who fails to perform the case within the prescribed time limit and the other party applies for enforcement;

(3) the application for enforcement of a case of a creditor's right recognized by a notary office related to the operation of ships and ships;

(4) in accordance with the provisions of the Convention on the recognition and enforcement of Foreign Arbitral Awards adopted in New York in 1958, we shall apply to the maritime court of China for the recognition and enforcement of arbitral awards by foreign or regional arbitration institutions.

(5) in accordance with our judicial assistance agreement with foreign countries or in accordance with the principle of reciprocity, we shall assist in the enforcement of foreign court decisions.

lawsuit over security of maritime claim

It includes: (1) the maritime claim holder applies for the arrest of a ship before litigation;

(2) in accordance with the contract stipulations, the maritime claims holder applies for seizure of cargo carried by ships or fuel for ships before litigation.