I. Application conditions for arrest of ships

ⅰ. Constraint to the 22 maritime claims to be listed in Article 22 of Maritime Procedure Law, except to enforce court judgments, arbitration rulings or other legal documents

ⅱ. Due to the emergency, if the lawful rights and interests will be irreparably damaged by not applying for arrest of ships immediately, the applicant can apply to the maritime court where the ship is located to arrest the ship.

ⅲ. Details of the ship

ⅳ. The applicant shall provide a guarantee in accordance with the law.

 

II. The period of application of arrest of ships

If applying for arrest of a ship before trial, the applicant shall file a lawsuit or apply for arbitration within 30 days after receiving the ruling on permission to arrest the ship.

 

III. The documents required for application for arrest of ships

ⅰ. Application & Evidence

The application shall indicate the name of applicant, the name of respondent, the name of the ship, the address of berthing, the time of berthing, the facts and reasons for applying for arrest, and the guarantee to be claimed etc. The application shall be signed or sealed by the applicant. The evidence shall be relevant to the application.

ⅱ. The guarantee provided by the applicant

(ⅰ) Where the applicant or a third party provides a property guarantee, a letter of guarantee shall be issued (the letter of guarantee shall specify the name of guarantor, the pattern & scope of the guarantee, the value of the guaranty, the liability to be recorded in the letter, evidence materials to be attached).

 (ⅱ) Where the insurer provides a guarantee for property preservation by signing a property preservation liability insurance contract with the applicant, the insurer shall issue a letter of guarantee (the letter of guarantee shall contain the name of the guarantor, the name of the person to be guaranteed, the case of the guarantee, the method of guarantee, and the scope of guarantee and due to errors in the application for property preservation, the insurer shall compensate the insured and other interested parties for the losses suffered by the preservation, etc.), the insurer shall also provide: business license (copy), business permit (copy) , certificate of registered capital, identity certificate of the legal representative or the people in charge, no illegal or criminal record in the past five years and no refusal to undertake the performance of the guarantee obligation for the property preservation applicant, and a written document of not being included in the list of dishonest persons subject to enforcement of people's court; Approval of the China Insurance Regulatory Commission (Insurance Clause and Insurance Rate Record Form of Property Insurance Company of China Insurance Regulatory Commission, stamped with a special seal for insurance rate management).

 (ⅲ) Financial institutions approved by the financial regulatory authorities can provide guarantees for property preservation in the form of independent letters of guarantee.

The applicant or guarantor is a large-scale enterprise or financial institution with sufficient assets generally recognized by the public. After review and approval, the applicant or guarantor can use the company’s credit as a guarantee.

The guarantor or its branch is a financing guarantee company that has been approved by the city’s financial management authority, has the qualification to engage in litigation preservation and guarantee business, and has no serious bad records in the past five years. After review and approval, the guarantor can use the company’s credit as a guarantee.

The guarantor or its branch is a non-financing guarantee company that is legally established in this city, has the qualification to engage in litigation preservation and guarantee business, has a registered capital of more than 200 million Yuan, and has no serious bad records in the past five years. After review and approval, the guarantor can use the company’s credit as a guarantee.

Materials to be submitted for credit guarantee:

(a) A joint guarantee letter signed by the legal representative and stamped with the official seal of the company.

(b) A copy of the business license of the company, a copy of the organization code certificate, the identity certificate of the legal representative, and the balance sheet for the last six months, profit and loss statement, credit certificate issued by the bank of its basic account or auditing agency, and relevant documents and materials required by Company Law.

(c) A written declaration that the guarantor has provided litigation preservation guarantee.

(d) A written declaration that the guarantor has not being included in the list of dishonest persons subject to enforcement of people's court in the last five years and the legal representative has not been included in the list of high consumption restrictions.

(e) Other materials required by the court.

 (ⅳ)Where the applicant provides a real object guarantee, it shall provide a list of the guarantee, a storage location, a list of custodians or warehouses and other property rights certificates. If necessary, the applicant also needs to provide an evaluation report on the value of the real object by the evaluation agency.

 (ⅴ) Where the applicant provides a registered real property or registered movable property guarantee, the applicant shall provide certification documents such as other rights registration information and no judicial restrictions issued by the registration authority.

 (ⅵ) Where the applicant provides bonds, deposit slips, bills of lading, intellectual property rights certificates and other rights certificates as guarantee, the applicant shall provide the original copies of the bonds, deposit slips, bills of lading, intellectual property rights certificates and other rights certificates. These documents shall be kept by people’s court.

ⅲ. Applicant qualification materials

If the applicant is a natural person, submit a copy of the identity certificate; if the applicant is a legal person or an unincorporated person, submit a business license or a copy of the organization code certificate, the legal representative or the identity certificate of the principal responsible person.

If the applicant is a natural person, the applicant shall submit a copy of the identity certificate; if the applicant is a legal person or an unincorporated organization; the applicant shall submit a copy of the business license or organization code certificate and the identity certificate of the legal representative or principal person in charge.

ⅳ. Power of attorney

The agent is a lawyer, submits a power of attorney, a copy of lawyer’s card and a letter of the law firm; the agent is a company employee, submits a copy of the employee ID card, a power of attorney and a copy of the labor contract and is stamped by the company.

If the agent is a lawyer, the agent shall submit a power of attorney, a copy of the lawyer’s certificate and the official letter of the law firm; if the agent is a company employee, the agent shall submit a copy of the employee’s ID card, a copy of the power of attorney and labor contract with the company’s seal.

ⅴ. The confirmation letter of address for service