40 years on, China has seen wide-ranging maritime judicial services, supporting marine economy

(english.court.gov.cn)      Updated : 2024-08-21

The past four decades have witnessed the growing influence of China's maritime judicial services in supporting the development of the marine economy, as well as its contributions to resolving international maritime disputes.

In response to the needs of maritime transportation and foreign trade development in the 1980s, maritime courts were established in many coastal cities in China, including Dalian, Tianjin, Qingdao, Shanghai, Wuhan and Guangzhou. Forty years on, China has formed a national maritime adjudication structure that encompasses 11 maritime courts and 42 dispatched maritime tribunals.

Looking back at the development journey, China's maritime judicial system has centered on the overall development of the Party and the country, growing from humble beginnings to flourishing outcomes. It has adhered to high-quality case handling and innovative institutional practices with a global vision, contributing significantly to safeguarding and promoting the development of China's marine economy.

Over the past 40 years, China's maritime judiciary has concluded over 500,000 cases, ensuring fair and just resolutions of maritime disputes. Since the establishment of the first maritime court, China's maritime judicial system has been committed to lawfully and justly resolving disputes related to maritime and navigable waters, and promoting healthy economic development.

From the decision of establishing maritime courts in 1984 to the present day, China's maritime judiciary has upheld a sense of excellence, concluding cases fairly and justly. The judiciary has played a crucial role in balancing the interests of involved parties, equally protecting the legitimate rights and interests of Chinese and foreign parties, and contributing to the improvement of Maritime Law.

China, with its comprehensive maritime judicial institutions and the highest number of maritime cases accepted globally, has left a vivid imprint on the history of maritime judicial practice worldwide through fair and efficient case handling.

The promulgation of the Maritime Law of the People's Republic of China in 1992 marked the establishment of a substantive specialized law for maritime adjudication in China. The enactment of the Special Maritime Procedure Law of the People's Republic of China in July 2000 provided solid procedural safeguards for the effective implementation of the Maritime Law, signifying a milestone in China's development of a maritime legal system.

Over the past 40 years, with the accumulation of judicial practices in maritime matters, the Supreme People's Court (SPC) has issued over 20 judicial interpretations, 9 guiding cases, and multiple important judicial documents related to issues such as delivery without bills of lading, ship collisions, limitation of maritime compensation liability, maritime insurance, and ship oil pollution, gradually achieving full coverage of routine maritime disputes and ensuring the uniformity and standardized application of the law.

Addressing the cumbersome procedures and high costs faced by foreign litigants in China, the Shanghai Maritime Court introduced the "general authorization mechanism for overseas litigants" in 2015. This mechanism allows foreign parties to authorize Chinese law firms and lawyers, or their branches or associated companies in China to represent them in maritime litigation cases arising within a certain period and to a defined extent. This mechanism has significantly expedited the case filing and review process, enhanced maritime preservation, shortened the delivery time for foreign-related services, and greatly enhanced ease of litigation.

As China's maritime judicial system continues to mature, its authority and international influence are growing. More and more foreign parties are choosing to resolve disputes through Chinese maritime courts.

In June of this year, the SPC released typical cases of maritime adjudication for 2023, one of which involved a ship sales contract dispute between a Liberian company and an Indonesian company. In this case, the parties voluntarily changed the original foreign arbitration clause of the contract, relocated the jurisdiction of the dispute to the Chinese maritime court, and ultimately reached a settlement thanks to the mediation of the Chinese court. This unique advantage of disputes resolution practice has contributed significantly to resolving international maritime disputes effectively.

In June 2020, the Nanjing Maritime Court and the Nanjing Maritime Safety Administration jointly established a one-stop dispute resolution center focusing on resolving disputes on water traffic accidents through diversified channels. 

Since its establishment, the center has handled 125 water accident disputes, successfully resolving over 90 cases and providing door-to-door services for 170 port and shipping enterprises and over 900 seafarers. 

In July 2023, the Ningbo Maritime Court established a maritime dispute resolution center for foreign-related cases, where they applied multiple methods including arbitration and mediation, achieving the comprehensive resolution of international disputes in various areas such as international shipping trade, international ship finance and international port services.

By the end of July this year, the center had successfully resolved 183 international maritime disputes involving parties from 23 countries and regions, with the total amount in dispute reaching nearly 500 million yuan ($70 million).

At the new starting point, China's maritime judicial system, following the guiding principles of the 20th National Congress of the Communist Party of China (CPC) and of the third plenum of the 20th CPC Central Committee, will uphold steadfast faith in the rule of law and stay committed to fair and efficient dispute resolution on the global stage, supporting future development of China's maritime economy.