CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co
The following maritime claims are entitled to require the arrest of a ship: • loss of or damage to the property that occurred in ship operation; • personal injury and casualty directly related to ship operation; • salvage at sea; • damage or threat of damage caused by the vessel to the environment, the coast or relevant interested parties, the measures taken for prevention, reduc - tion and elimination of any such damage, payment for compensation of any such damage, the reason - able cost for potential or actual measures taken for restoring the environment, losses the third party suffered or will probably suffer due to that dam - age, and damages, fees or losses that are similar in nature to those specified in this point; • expenses relating to the refloating, removal, recla - mation or destruction of a sunken ship, shipwreck, stranded ship or abandoned ship, or to making them harmless, including expenses relating to the refloating, removal, reclamation or destruction of objects that have, or have no longer, remained on board the ship – or to making them harmless – and expenses relating to the maintenance of the aban - doned ship and her crew; • agreement in respect of the employment or char - tering of a ship; • agreement in respect of the carriage of goods or passengers; • goods (including luggage) on board or loss or dam - age related thereto; • general average; • providing supplies or rendering services in respect of ship operation, management, maintenance or repair; • construction, reconstruction, repair, refurbishment or equipment of a ship; • dues or charges for ports, canals, wharves, har - bours or other waterways; • crew wages or other payments, including repatria - tion and social insurance premiums payable for the crew; • expenses paid for a ship or ship-owner; • towage; • pilotage;
• a ship’s insurance premium (including protection and indemnity calls) payable by or paid for by a ship-owner or bareboat charterer; • a commission, brokerage or agency fee related to a vessel payable by or paid for by a ship-owner or bareboat charterer; • disputes over the ownership or possession of a ship; • disputes between co-owners of a ship over the employment or earnings of the ship; • a ship mortgage or right of a similar nature; and • disputes arising from the sale and purchase of a ship. 5.3 Liability in Personam for Owners or Demise Charterers A ship can be arrested regardless of its owners’ or demise charterers’ personal liability on the merits con - stituting a recognised maritime lien on the ship. Even if the ship’s ownership has changed, the ship can be arrested within the time limit to exercise a maritime lien. 5.4 Unpaid Bunkers A bunker supplier is entitled to arrest a vessel for unpaid bunkers, and there is no difference regardless of whether it is a contractual or an actual supplier. However, if the bunkers were supplied to a chartered vessel and ordered by the charterer, and not by the owner, things will be different. A vessel operated or chartered by a time charterer or voyage charterer may not be arrested. A time charterer shall be entitled to give master instructions consistent with the stipulations of the time charter with respect to the operation of a vessel. However, a voyage charterer is not considered to have the authority to bind a vessel. 5.5 Arresting a Vessel The following formalities are required to arrest a ship: • a power of attorney and an identity certificate of a legal representative; and • a Certificate of Incorporation or Good Standing of the applicant.
159 CHAMBERS.COM
Powered by FlippingBook