中华人民共和国海事诉讼特别程序法 Special Maritime Procedure Law of the Peoples Republic of China

volving General Average

　　Article 88 With respect to a dispute arising from general average, the parties may agree to commission an adjustment institution to have it adjusted, or directly bring an action in the maritime court. When entertaining a dispute arising from general average that has not been adjusted, the maritime court may commission an adjustment institution to have it adjusted.

　　Article 89 A report of general average adjustment made by an adjustment institution, if the parties do not raise any objections, may be regarded as the basis for contributing liabilities; if the parties raise any objections, the maritime court shall determine to accept them or not.

　　Arti

cle 90 Not being affected by the procedures of an action of general average brought for an identical average accident, the parties may bring an action against the person liable for any non general average losses.

　　Article 91 An action of non general average brought by the parties for an identical accident in a maritime court entertaining the case involving general average, as well as an action of recourse brought for general average contribution against the person liable, may be tried in combination by the maritime court.

　　Article 92 The maritime court trying a case involving general average shall conclude the case within one year after placing the case on the docket. Any extension of the period necessitated by special circumstances shall be subject to the approval of the president of the court.

　　Section 3 Provision on Exercising the Right to Indemnity by Subrogation by a Maritime Insurer

　　Article 93 Where the occurrence of an insured event is caused by a third party, after having paid insurance indemnity to the insured, the insurer may exercise by subrogation the right of the insured to demand indemnity against the third party up to the limit of insurance indemnity.

　　Article 94 When an insurer exercises the right to indemnity by subrogation, if the insured does not bring an action against the third party causing the insured event, the insurer shall, in the name of itself, bring an action against the third party.

　　Article 95 When an insurer exercises the right to indemnity by subrogation, if the insured has brought an action against the third party causing the insured event, the insurer may request the court entertaining the case to change the party so as to exercise by subrogation the right of the insured to demand indemnity against the third party.

　　Where the insurance indemnity obtained by the insured can not make up all the losses caused by a third party, the insurer and the insured may, as joint plaintiffs, demand indemnity from the third party.

　　Article 96 When bring an action or applying to participate in the proceedings in accordance with the provision of Articles 94 and 95 of this Law, an insurer shall submit vouchers certifying the payment of insurance indemnity by the insurer, as well as other documents that ought to be submitted when participating in the proceedings, to the maritime court entertaining the case.

　　Article 97 With respect to a claim for indemnity against oil pollution damage caused by a ship, the person suffering for the damage may make the claim to the shipowner causing the oil pollution damage, or directly make the claim to the insurer bearing the liability for oil pollution damage of the shipowner or to other person providing financial suretyship.

　　Where the insurer bearing the liability for oil pollution damage of the shipowner or the other person providing financial suretyship against whom an action is filed, he is entitled to require the shipowner causing the oil pollution damage to participate in the proceedings.

　　Section 4 Summary Procedures, Procedures for Hastening Debt Recovery and Procedures for Publicizing Public Notice for Assertion of Claims

　　Article 98 When trying a simple maritime case in which the facts are evident, the rights and obligations clear and the disputes trivial in character, the maritime court may apply the provisions on summary procedures in the Civil Procedure Law of the People's Republic of China.

　　Article 99 When requesting payment of a pecuniary debt or recovery of negotiable instruments from a debtor on the basis of any maritime causes, a creditor may, if the relevant provisions of the Civil Procedure Law of the People's Republic of China are conformed to, apply to the maritime court that has jurisdiction for an order of payment.

　　Where a debtor is a foreign national, stateless person, foreign enterprise or organization, but he has domicile,

representative office or branch office within the territory of the People's Republic of China and an order of payment can be served, the creditor may apply to the maritime court that has jurisdiction for an order of payment.

　　Article 100 A holder of a voucher for taking delivery of goods such as a bill of loading may, if the voucher for taking delivery of goods is out of his control or destroyed, apply to the maritime court of the place where the goods are for publication of public notice for assertion of claims.

　　Chapter IX Procedures for Constituting a Limitation Fund for Maritime Claims Liability

　　Article 101 Where limitation of liability is applied according to law after the occurrence of a maritime accident, the shipowner, charter, operator, salvor and insurer may apply to the maritime court to constitute a limitation fund for maritime claims liability.

　　Where any oil pollution damage is caused by a ship, the shipowner and the insurer of liability or other persons providing financial suretyship shall, for a purpose of obtaining the right to limitation of liability stipulated by law, constitute a limitation fund for maritime claims liability of oil pollution damage with the maritime court.

　　An application for constituting a limitation fund for liability may be submitted before bring an action or during the proceedings, but it shall be submitted at least before the making of the judgment of first instance.

　　Article 102 Where an application for constituting a limitation fund for maritime claims liability is to be submitted before bring an action, the parties shall submit it to the maritime court of the place where the accident is occurred, the place where the contract is performed or the place where the ship is arrested.

　　Article 103 The constitution of a limitation fund for maritime claims liability shall not be restricted by an agreement between the parties on litigation jurisdiction or arbitration.

　　Article 104 When applying to constitute a limitation fund for maritime claims liability, the applicant shall submit a written application. The application shall specify the quantity of and the reasons for the limitation fund for maritime claims liability, as well as the names, addresses and corresponding methods of the known interested parties, and shall have relevant evidence attached.

　　Article 105 After entertaining an application for constituting a limitation fund for maritime claims liability, the maritime court shall, within seven days, issue a notice to the known interested parties, and publish a public announcement in newspapers or through other news media.

　　The notice and public announcement shall include the following contents:

　　(1)name of the applicant;

　　(2)facts of and reasons for the application;

　　(3)matters for which the limitation fund for maritime claims liability is to be constituted;

　　(4)matters concerning the undertaking of registration of the creditors' rights;

　　(5) other matter that need to be made known.

　　Article 106 Where an interested party objects the application of an applicant for constituting a limitation fund for maritime claims liability, the party shall, within seven days from the date of the receipt of the notice or within thirty days from the date of the public announcement for those who have not received the notice, raise the objection in written form to the maritime court.

　　After receiving a written objection submitted by the interested party, the maritime court shall examine it and make an order within fifteen days. Where the objection is established, it shall order the application of the applicant to be rejected; if the objection is not established, it shall order to approve the applicant to constitute a imitation fund for maritime claims liability.

　　Where the parties are not satisfied with an order, they may file an appeal within s

even days from the date of the receipt of the order. The people's court of second instance shall make an order within fifteen days from the date of the receipt of appeal petition.

　　Article 107 Where the interested parties do not raise any objections within the prescribed time period, the maritime court shall order to approve the applicant to constitute a limitation fund for maritime claims liability.

　　Article 108 After an order approving an applicant to constitute a limitation fund for maritime claims liability takes effect, the applicant shall constitute a limitation fund for maritime claims liability with the maritime court.

　　In constituting a limitation fund for maritime claims liability, the applicant may provide cash, or provide guaranty approved by the maritime court.

　　The quantity of a limitation fund for maritime claims shall be the sum of such an amount of the limitation of liability for maritime claims, together with the interests therefrom from the date of the occurrence of the accident until the date of the constitution of the fund. Where the fund is constitut

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