What are the Chinese ad hoc Procedures in Maritime Litigation?
Chinese ad hoc procedures for maritime litigation is a new special procedural law, which consists of 12 chapters and 127 articles covering all procedures in respect of maritime or maritime commerce litigation in maritime courts or the appeal courts of maritime courts and the Supreme People's Court. It has introduced several special procedures which are different from those procedures commonly implemented in civil litigation: 1. Maritime claimants may apply for arrest of a vessel or the cargoes carried on board of a vessel in order to preserve their maritime claims. 2. Orders may be given by maritime courts to compel a party or parties to do certain things or refrain from doing certain things. 3. Conditions and procedures for establishing a limitation fund of maritime liability. 4. Procedure of public summons for exhortation of maritime liens in the process of the ownership transfer of a vessel, etc.
Regarding jurisdiction in maritime litigation, in addition to what the Chinese Civil Procedural Law has provided for territorial jurisdiction, the ad hoc procedures have furthermore provided for free choice of Chinese jurisdiction by the parties in dispute, thus, even though the dispute does not occur within Chinese territory, a Chinese maritime court shall have jurisdiction over the dispute if the written agreement of the parties so provides.
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