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Ship Arrest in China
For which types of claims can you arrest a ship?
《Special Maritime Procedure Law of the People's Republic of China》
Section II Arrest and Auction of Ships
Article 21 With respect to the following maritime claims, an application may be made for the arrest of a ship:
(1) loss of or damage to property caused by ship operation;
(2) loss of life or personal injury in direct connection with ship operation;
(3) salvage at sea;
(4) damage or threat of damage caused by ship to environment, coast or relevant interested persons; measures adopted to prevent, diminish or eliminate such damage; compensation paid for such damage; expenses for reasonable measures actually adopted or to be adopted to restore environment; losses caused by such damage to or likely to a third party; and damage, expenses or losses of a similar nature as those specified in this subparagraph;
(5) expenses related to re-floating, removal, reclamation or destroying of a sunken ship, wreck, aground ship, abandoned ship or to making them harmless, including the expenses related to re-floating, removal, reclamation or destroying of the things which have or no longer remained on board the ship or to making them harmless and expenses related to maintaining of an abandoned ship and her crew;
(6) agreement in respect of employment or charting of a ship;
(7) agreement in respect of carriage of goods or passengers;
(8) cargo (including luggage) carried by a ship or loss or damage relating thereto;
(9) general average;
(10) towage;
(11) pilotage;
(12) providing of supplies or rendering of services in respect of ship operation, management, maintenance or repair;
(13) construction, re-construction, repair, refurbishment or equipment of a ship;
(14) dues or expenses for ports, canals, docks, harbours or other waterways;
(15) crew's wages and other moneys, including repatriation expenses and social insurance premium payable for the crew;
(16) expenses paid for a ship or a ship-owner;
(17) insurance premium for a ship (including protection and indemnity calls) payable by or paid for a ship-owner or bareboat charterer;
(18) commission, brokage or agency fee related to ships payable by or paid for a ship-owner or bareboat charterer;
(19) a dispute over ownership or possession of a ship;
(20) a dispute between joint owners of a ship over the employment or earnings of the ship;
(21) ship mortgage or rights of a similar nature; and
(22) a dispute arising out of a ship sale contract.
Article 22 No application may be made for the arrest of a ship on account of maritime claims other than the ones specified in Article 21 of this Law, except for the enforcement of a judgment, an arbitration award or other legal documents.
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