Application guide for maritime injunction

Update:Dec,03,2019 Views:6516

. To make a maritime injunction, what conditions shall be fulfilled?

1. The claimant has a specific maritime claim.

2. There is a need to rectify an act committed by the party who opposes the claim, in violation of the provisions of the law or the stipulations of a contract.

3. In case of emergency, failure to make a maritime injunction immediately will cause damage or expand damage;

4. The guarantee provided by the maritime claimant shall be in accordance with law.

II. What documents are required for maritime injunction application?

1. Written application for maritime injunction and evidence

Written application for maritime injunction is in duplicate (original) signed and/or stamped by the applicant, in which to indicate the applicant’s name, the respondent’s name, the matters to be requested, the place and the location where the subject matter is, facts and grounds for application. The name of the involved ship, the goods’ mark, the reference number of documents and other content showed in the evidence attached thereto should be in accordance with the written application.

2. Letter of Undertaking

Cash or the independent Letter of Undertaking issued by a financial institution.

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