Authority to Decide on Seizure of Ships

20:23, 11/07/2024

The Ordinance on Procedures for Arrest of Ships 2008 was promulgated on August 27, 2008. One of the basic contents stipulated in this document is the regulation on the authority to decide the arrest of ships.

To be specific:, according to the provisions of Article 3 of the Ordinance on Procedures for Arrest of Sea-Going Ships 2008, this authority is stipulated as follows:

The People's Court of the province or centrally run city where there is a seaport or inland waterway port where the sea-going ship requested to be arrested is operating has the authority to decide to arrest that ship to ensure the resolution of maritime claims, enforce civil judgments, and carry out judicial entrustment of foreign Courts.

In the case where the port has multiple wharves located in different provinces or centrally run cities, the People's Court at the provincial level where the wharf is located, where the ship requested to be arrested is operating, has the authority to decide to arrest that ship.

The People's Court handling the civil case, and the People's Court at the provincial level where the Arbitration Council is handling the dispute has the authority to decide to apply provisional urgent measures to arrest the sea-going ship.
The Chief Justice of the Supreme People's Court considers and decides the Court with authority to decide to arrest the sea-going ship in case of a jurisdictional dispute between provincial-level People's Courts.

See also: Ordinance on Procedures for Arrest of Sea-Going Ships 2008 effective from July 1, 2009.

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