CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co
oil pollution liability insurance coverage or other appropriate financial security are not within the scope of the above-mentioned maritime liens. 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 • damage or threat of damage caused by the vessel to the environment, the coast or rel - evant interested parties, the measures taken for prevention, reduction and elimination of any such damage, payment for compensation of any such damage, the reasonable cost for potential or actual measures taken for restor - ing the environment, losses the third party suffered or will probably suffer due to that damage, and damages, fees or losses that are similar in nature to those specified in this point; ship operation; • salvage at sea; • expenses relating to the refloating, removal, reclamation 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 abandoned ship and her crew; • agreement in respect of the employment or chartering of a ship; • agreement in respect of the carriage of goods or passengers; • goods (including luggage) on board or loss or damage related thereto; • general average; • towage;
• pilotage; • providing supplies or rendering services in respect of ship operation, management, maintenance or repair; • construction, reconstruction, repair, refurbish - ment or equipment of a ship; • dues or charges for ports, canals, wharves, harbours or other waterways; • crew wages or other payments, including repatriation and social insurance premiums payable for the crew; • expenses paid for a ship or ship-owner; • a ship’s insurance premium (including protec - tion 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. 4.3 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 constituting 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. 4.4 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.
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