Key Points for the Filing of Several Common Maritime Disputes

I. Cases concerning disputes over liability for damage arising from collisions of vessels

ⅰ. The subject is generally the owner of the ship or the charterer of the bareboat.

ⅱ. Jurisdiction: Jurisdiction by the maritime court of place where the collision occurred, the first arrival of the collision ship, the detained place of the injuring ship, and the defendant’s domicile.

ⅲ. Required materials of prosecution (the remaining materials are the same as those for general maritime cases):

 (ⅰ) The bill of complaint

The indictment shall include information such as the collision ship information, the collision accident and the consequences, the manner of liability for damages caused by the collision accident, and the statement of the calculation basis.

 (ⅱ) Relevant evidence materials

The plaintiff shall provide evidence materials such as maritime declarations, maritime accident reports, etc., which may reflect the collision accidents. And insurance assessment reports, which may reflect the damage results. And the plaintiff shall also submit the ship information such as certifications of ownership and the bareboat charter registration.

II. Cases concerning disputes over contracts on employment of seamen and service contracts

ⅰ. The maritime court accepts the scope of the contracts on employment of seamen and service contracts: disputes over payment of remunerations and compensation for casualties relating to seaman boarding, services on board, and repatriation upon disembarking.

ⅱ. Jurisdiction: the lawsuit brought by the seafarer's crew labor contract dispute shall be under the jurisdiction of the maritime court of the plaintiff's domicile, the place where the contract is signed, the crew's boarding port or the place where the ship's port is located, and the defendant's domicile.

ⅲ. If the crew filed a lawsuit as a plaintiff, they should submit personal identification materials (such as household registration card, ID card, etc.), crew identification (crew certification of competency, crew service book, etc.) and evidence of labor contractual relationship between the parties.

Ⅲ. Cases concerning disputes over contracts of carriage of goods by sea

ⅰ. Jurisdiction: such cases shall be under the jurisdiction of the people's court at the place of: the departure of transportation, the destination of transportation, the domicile of the defendant or the port of re-transportation.

ⅱ. Materials to be filed to initiate such an action: evidence on contract of carriage of goods by sea between the parties (such as bill of lading, waybill, contract of carriage, etc.), evidence on facts of the defendant’s breach of contract (such as evidences on the goods have been taken at the port of destination in cases about delivery of goods without an original bill of lading); evidence on losses result from the  defendant’s breach of contract (such as customs declaration, cargo damage inspection report, freight invoice, etc.).

ⅲ. Container overdue usage fee cases: identify the defendant as shipper, consignee or other subject with payment obligations, identify the container overdue usage fee standard charged by the plaintiff and the overdue occupation time of the container involved.

ⅳ. Delivery of goods without the original bill of lading cases: the holder of the original bill of lading shall require the carrier to bear the civil liability arising wherefrom. The plaintiff shall file evidences on the goods have been delivered or taken at the port of destination and his losses.

Ⅳ. Cases concerning disputes over contracts of maritime freight forwarding

ⅰ. Jurisdiction: where the parties have agreed on a place of performance in a contract, such a place of performance shall be the place where the contract is performed (jurisdiction agreements shall not violate the provisions of laws regarding hierarchical jurisdiction and exclusive jurisdiction). Where the parties fail to agree on or clearly agree on a place of performance in a contract, and the subject matter of dispute is the payment of money, the place where the recipient of money is located shall be the place where the contract is performed; for any other subject matter, the place where the party performing the agreed obligations is located shall be the place where the contract is performed. Where a contract is not actually performed, and the place of domicile of either party is not the place of performance as agreed on in the contract, the people's court at the place of domicile of the defendant shall have jurisdiction.

ⅱ. Disputes over contracts of maritime freight forwarding include disputes arising from the rendering of services such as booking space, customs declaration, quarantine declaration, inspection declaration and insurance services; the rendering of services such as packaging, loading inspection, unloading inspection, container packing and unpacking, allocation and transshipping; the making or delivery of documents or the settlement of expenses; the rendering of storage and overland transport services and the handling of other marine freight forwarding affairs.  

ⅲ. If a freight forwarding enterprise, as the plaintiff, bring action against the consignor for payment of freight forwarding charges, the plaintiff should file evidence regarding the existence of delegation relationship between the two parties (such as booking order, contract of freight forwarding, etc.), the plaintiff has fulfilled his contractual obligation (such as bill of lading, custom declaration, etc.) and the defendant’s overdue of freight forwarding charges.