Traditional Culture Encyclopedia - Traditional virtues - What kind of lawsuits are under the jurisdiction of the maritime court?
What kind of lawsuits are under the jurisdiction of the maritime court?
A maritime tort dispute cases
1. Ship collision damages, including wave damage and other indirect collision damages;
2. Ship touching the sea, through the sea water, port buildings and facilities of the damages case, including ship touching Wharves, breakwaters, trestles, locks, bridges, as well as touching navigational aids such as navigational beacons and other marine facilities for damages;
3. Ship's side damage to the air or in the seabed, underwater laying of facilities for damages;
4. Ship discharge, leakage of hazardous substances or sewage, resulting in pollution of the waters or the damage to other ships and cargo damage damages;
4. Ship discharge, leakage of harmful substances or sewage, resulting in pollution of waters or other ships and cargo damage damages;
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5. maritime or port construction, operation and shipbreaking caused by water pollution or other ship and cargo damage damages;
6. ship navigation, operation damage to fishing nets, other fishing facilities and aquaculture compensation cases;
7. shipwrecks in the waterway, debris, marine operations facilities improperly affecting the ship's navigation caused by loss of damage cases;
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8. maritime transportation or sea, through the sea waters, port operations in the course of personal injury and death caused by the damages case;
9. illegal detention of ships and shipboard cargo cases;
10. other maritime tort disputes.
Second, maritime contract disputes
1. Disputes over contracts for the carriage of goods by water, including ocean transportation, international multimodal transportation with maritime section, coastal and inland waterway transportation. As well as water-water transportation, water and land transportation and other water cargo transportation contract disputes;
2. water passenger and luggage transportation contract disputes;
3. ship construction, sale, repair and dismantling of the contract disputes;
4. ship as collateral or ship operating income as collateral for the borrowing and lending contract disputes;
5. chartering contracts Disputes over bareboat chartering, time chartering and voyage chartering contracts for sea-going vessels, as well as disputes over the contracts for the lease and contracting of coastal and inland waterway transportation vessels;
6. Disputes over shipping agency contracts;
7. Disputes over freight forwarding agency contracts;
8. Disputes over the contracts for the supply of goods required for the operation or daily needs of the vessels;
9. Disputes over seafarers' labor contracts;
10. Disputes over maritime salvage contracts;
11. Disputes over towing contracts;
12. Disputes over marine insurance contracts, including marine cargo insurance, marine insurance, oil pollution and other P&I liabilities, and personal insurance;
13. Maritime transportation contract disputes;
14. Other maritime contract disputes.
Third, other maritime maritime cases
1. Maritime transportation, maritime operations (including fishing operations) in the case of major accidents;
2. Port operations disputes, including in the port area of surveying, exploration, port construction, dredging, blasting, salvage, salvage, towing, water underwater construction, port loading and unloading (loading and unloading, barge, storage) and cargo handling operations. Dispute cases;
3.*** with the sea damage dispute cases;
4. Loading and unloading equipment, genera, container loss compensation dispute cases;
5. Marine development and utilization of disputes, including the development and utilization of the continental shelf (such as marine oil, natural gas exploitation), the development and utilization of the coastal zone (such as reclamation, mudflat, mining, engineering construction, etc.). The development and utilization of marine fisheries and aquaculture of aquatic products, desalination and comprehensive utilization of seawater, marine underwater engineering, marine scientific research and other dispute cases;
6. Ship **** between the owners of the ship operation, revenue, distribution dispute cases;
7. Ship ownership, right of possession, mortgage, or maritime priority claim dispute cases;
8. Determination of the Ships and other maritime property cases;
9. Administrative cases involving the competent authorities of the sea, inland waterways;
10. Maritime fraud cases;
11. The law provides for the maritime court and the higher people's court of the other cases referred to.
Four, maritime enforcement cases
1. Marine, inland waterways competent authorities apply for compulsory execution of the case;
2. Maritime arbitration institutions to make awards, a party overdue, the other party to apply for execution;
3. Application for the implementation of the notary public in connection with the ship and the ship's operation of the confirmation of the claim documents;
4.
4. In accordance with the provisions of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted in New York in 1958, the maritime courts in China to recognize and enforce arbitral awards of arbitral institutions in foreign countries or regions;
5. In accordance with the agreements on mutual legal assistance signed between our country and a foreign country, or in accordance with the principle of reciprocity to assist in the enforcement of foreign court awards.
V. Maritime claims for the preservation of cases
1. Maritime claimants to preserve their maritime claims, in the pre-litigation application for the arrest of the ship;
2. Maritime claimants in accordance with the provisions of the contract, in the pre-litigation application for the seizure of the ship's cargo or fuel oil cases.
These provisions shall come into force on the date of promulgation. November 28, 1984 "Supreme People's Court on the establishment of maritime courts on a number of issues in the decision" on the scope of the maritime courts are repealed.
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