List of Common Maritime Dispute Evidence Materials
Part1. Maritime collision damage liability disputes
1. The parties involved are generally the shipowner or bareboat lessee.
2. Jurisdiction Court: Maritime Court of the place where the collision occurred, the place where the colliding vessel first arrived, the place where the offending vessel was detained, and the defendant's domicile.
3. Materials required for prosecution
(1) Ship ownership certificate, ship inspection certificate, ship operation certificate and other ship certificates;
(2) Maritime accident investigation report or other materials related to the handling of the accident by the maritime department;
(3) Relevant proof materials for losses
In the event of a total loss of the vessel, proof of the vessel's value and proof of the value of fuel, materials, spare parts, etc. on board the vessel that are not included in the vessel's value shall be provided; For partial losses of ships, repair cost certificates such as repair quotations, repair project details, and settlement statements should be provided;
Those who claim reasonable expenses such as rescue fees and towing fees incurred due to ship collision accidents shall provide corresponding contracts and payment certificates;
Those who claim losses in shipping schedules should provide relevant contracts, invoices, and payment vouchers for two voyages before and after the accident.
Part2. Ship related dispute cases
1. Including disputes over ship purchase and sale contracts, ship construction contracts, ship repair contracts, ship reconstruction contracts, ship dismantling contracts, ship mortgage contracts, etc.
2. Jurisdiction court: If there is an agreement, follow the agreement. If there is no agreement, the jurisdiction shall be exercised by the maritime court of the place of performance of the contract or the defendant's domicile.
3. Materials required for prosecution
(1) Written contracts corresponding to the case, such as ship sales and construction, or other materials proving the existence of the legal relationship between the two parties, such as WeChat chat records and emails;
(2) Ship ownership certificate, ship inspection certificate, ship operation certificate and other ship certificates;
(3) Proof or explanation of actual performance of the contract, payment of funds, etc.
Part3. Cases involving crew disputes
1. The maritime court accepts disputes over remuneration payments and compensation for personal injury or death related to crew boarding, on board services, and off board dispatch under crew labor contracts and service agreements (including crew dispatch agreements).
2. Jurisdiction Court: The jurisdiction shall be exercised by the maritime court located at the domicile of the plaintiff, the place where the contract was signed, the place where the crew boarded or left the ship, or the domicile of the defendant.
3. Materials required for prosecution
(1) Materials proving the existence of labor relations, such as written crew labor contracts or boarding agreements;
(2) Materials proving the identity of crew members, such as crew competency certificates and crew service books;
(3) Salary payment vouchers, records of paying various social insurance premiums, attendance records, and other materials.
Part4. Disputes over contracts for the transportation of goods by sea
1. This includes ocean transportation, international multimodal transportation with sea freight sections, water land transportation, coastal transportation, and transportation through sea areas. It also includes transportation on the Jiangsu section of the Grand Canal, which has its origin port, stopover port, or final destination port on the Yangtze River mainline.
2. Jurisdiction court: If there is an agreement, follow the agreement. If there is no agreement, the maritime courts at the place of origin, destination, defendant's domicile, and the location of the transshipment port have jurisdiction.
3. Materials required for prosecution
(1) Written transportation contract, or other materials proving the existence of transportation relationship such as transportation documents, WeChat chat records, emails, etc;
(2) Proof materials proving that the carrier has obtained the qualification for domestic waterway transportation operation in domestic waterway transportation;
(3) Explanation of actual transportation situation, freight payment situation, and current status of the goods carried.
Part5. Disputes over maritime freight forwarding contracts
1. Scope of maritime freight forwarding contract disputes: disputes arising from the provision of booking, customs declaration, inspection, inspection, and insurance services; Disputes arising from the provision of packaging, supervision of loading and unloading, container loading and unloading, distribution, and transit services for goods; Disputes arising from the preparation, delivery of relevant documents, and settlement of expenses; Disputes arising from the provision of warehousing and land transportation services; Dealing with disputes arising from other maritime freight forwarding agencies.
2. Jurisdiction: If there is an agreement, follow the agreement. If there is no agreement, the jurisdiction shall be exercised by the maritime court of the place of performance of the contract or the defendant's domicile.
3. Materials required for prosecution
(1) Freight forwarding contract, or other materials proving the existence of freight forwarding relationship such as WeChat chat records, emails, etc;
(2) Documents and materials such as customs declaration and booking documents generated during the process of freight forwarding services;
(3) Proof or explanation of payment status.