Application guide for arrest of a ship before trial

Update:Dec,03,2019 Views:1988

.What are conditions to be satisfied in order to arrest a ship?

1. Constraint to the 22 maritime claims listed in Article 22 of Maritime Procedure Law, except to enforce a court judgment, arbitration judgment or other legal documents.

2. In case of an emergency, not to apply for an arrest of ship will cause huge damages that will not be made up afterwards, the applicant may deliver an application to the maritime court of where the ship is.

3. The details of the ship.

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

.What is the period of application for arrest of a ship?

To apply for arrest of a ship before trial, the applicant shall file a lawsuit or an arbitration in 30 days after the receipt of the order of admission of the aforesaid application.

.What are materials to be delivered in such an application?

1. Application and proof

The application shall list the name of the applicant, the name of the respondent, the name of the ship, the address of berthing, the time of berthing, the facts and causes of the action, the guarantee to be claimed etc., and the application shall be signed or sealed by the applicant. The proof shall be relevant to the application.

2. The guarantee to be provided by the applicant

(1) The applicant or the third party may provide a guarantee by delivering a guarantee statement (the name of guarantor, the pattern and scope of the guarantee, the value of the guaranty, the liability to be recorded in the statement, proof to be attached).

(2) Where the insurer guarantees for property preservation by signing a property preservation liability insurance contract with the applicant, the insurer shall issue a guarantee (which specifies the name of the guarantor, the name of the guaranteed, the case of guaranty, the method of guarantee, the scope of guarantee and the contents of the loss suffered by the insured due to the false application for property preservation to be undertaken by the insurer, etc.). The insurer shall also provide: the business license (photocopy), the business certificate (photocopy), the certificate of registered capital, the identity certificate of the legal representative or the person in charge, a written statement of no record of crime, refusal to bear the guarantee obligations for property preservation applicants and not being listed in the peoples courts case of dishonesty in execution within the past five years, and an approval of the CBIRC (insurance clauses and premium rate record form of property insurance company of CBIRC, with special seal for premium rate management).

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

In the case that the applicant or guarantor is a very large enterprise generally recognized by the public or a financial institution with sufficient assets, after examination and approval, this applicant or guarantor can provide guarantee with the credit of the enterprise.

The credit of the guarantor can be used as a guarantee after reviewing and approval, when the guarantor or its branches are financing guarantee companies, approved by the financial administrative authorities of the city and qualified for concurrently operating guarantee of preservative measures in litigation with no serious negative records in the past five years.

The credit of the guarantor can be used as a guarantee after reviewing and approval, when the guarantor or its branches are non-financing guarantee companies legally registered in the city with more than 20 million RMB registered capital and qualified for the guarantee of preservative measures in litigation with no serious negative records in the past five years.

Documents to be submitted for credit guarantee:

The letter of joint liability guarantees under the signature of the legal representative stamped with the official seal;

The photocopy of the business licence of the enterprise legal person, the photocopy of organization code certificate, legal representative certificate, the balance sheet, the profit and loss account and capital credibility reports issued by its basic account opening bank or the auditor institute in latest six months, and other documents in accordance with the Company Law of China;

The written declaration that the guarantor has provided the proved guarantees for preservative measures in litigation;

The written statement that the guarantor is not included in the list of dishonest judgment debtors by the peoples court and the legal representative of the guarantor is not included in the list of limiting high consumption in the past five years;

Other documents required by the Court.

(4) In real security, the guarantor shall submit the list of security objects, the place of deposit, the list of custodians or warehouse, etc. An assessment report of the assessment institution on the value of guaranty is also required when necessary.

(5) Where the registered real estate or movable property is guaranteed, the registration information of other rights issued by the registration authority and the certification documents without judicial restrictions shall be provided.

(6) Where guaranteed by bonds, deposit slips, bills of lading, intellectual property rights certificates, etc., the originals shall be provided and kept by the courts in substitutes.

3. Documents for the applicant’s subject qualification

If the applicant is a natural person, submit the copy of identification card; if the applicant is a legal person or other organization, submit the copy of business license or organization code certificate and the identity certificate of the legal representative or the person chiefly in charge.

4. Power of attorney

If the agent ad litem is a lawyer, submit the power of attorney and the letter of law firm; if the agent ad litem is a company employee, submit the copy of the employee’s identification card, power of attorney, the copy of labor contract and the aforesaid documents should be affixed with the company’s stamp.

5. Confirmation of service address for legal documents