The Research On The Jurisdiction Issues Relate To Arrest Of Ships

In the academic circle of maritime law, Arrest of ships and Foreign-related maritime jurisdiction are both extensive researched issues, and each of these areas has achieved fruitful research results. However, because of the different focus of two areas, the jurisdiction issues relate to Arrest of ships,as the cross-point of the two areas , are not specialized reached in system. In fact, however, this issue has its own unique system and principles, which can not be covered by the areas of Foreign-related maritime jurisdiction ; at the same time, the complex degree of the issues can't be expand clearly only by the area of Arrest of ships . And in practice, parties may not be able to protect their legitimate rights, but also probably have to assume the risk of the miss seized if don't know the system of Arrest of ships ,or can not distinguish the different types of jurisdiction and its corresponding jurisdictional rules. Therefore, it's of great significance in theory and practice to reach the jurisdiction issues relate to arrest of ships in system as a separate issue.This article is divided into six parts:The introduction part, To introduce the research status of the jurisdiction issues relate to arrest of ships and the purpose of writing this article.The first chapter, Through comparative method, the writer makes a comparison pertaining to the basic ship-arrest system of the main states and the International Convention, so that people can have a correct understanding of the meaning of Arrest of ships. Then divide the jurisdiction issues relate to arrest of ships into three types, they are: procedural jurisdiction, substantive issue's jurisdiction, the jurisdiction relate to wrongful ship arrestment.Chapter II, To make it clearly that the procedural jurisdiction of ship arrestment is an independent issue from the substantive jurisdiction through the introduction of the practice of the main States and Convention. On this basis, the writer analyze who have the jurisdiction by different way to seize the ships, such as Injunction, Action in Rem, Saisie Conservatoire. Then the writer elaborates the enlightenment about the procedural jurisdiction from"The Hague Convention on International Jurisdiction and Foreign Judgments in Civil and Commercial Matters (draft)". Finally, by introducing the practice of different States, an analysis of the impact of the arbitral or jurisdiction provisions to the procedural jurisdiction of ship arrestment is made.Chapter III , To surround the principle of the court of ship arrestment location has the jurisdiction over substantive trial of cases, which is the most particular principle in the system of ship arrestment,the writer analyzes the relations of all principles in substantive jurisdiction of ship arrestment, especially the relation between the principle of ship arrestment location's jurisdiction and contractual jurisdiction. Against the reason of conflict in the substantive jurisdiction, the writer gives the proposals to reduce the conflict. Because ship arrestment location has many advantages which do other connecting points not have, it becomes to be preferred method for parties to conduct forum shopping. In order to prevent the parties to abuse the litigious right, the article provides some relevant restrictions on forum shopping through ship arrestment.Chapter IV, On the basis of clearing that the litigation claim of wrongful ship arrestment is an independent claim against tort, the article introduces the theories of such jurisdiction vesting to. In addition, the article introduces the provisions of such jurisdiction in "1999 International Convention on the Arrest of Ships ", and point that the provisions may lead to conflict between wrongful ship arrestment court and the substantive jurisdiction court.Chapter V, Through analyzing our country's provisions about the jurisdiction issues relate to arrest of ships, the writer identify its shortcomings, and give his view points to improve those shortcomings. These points include:To admit the court which is choosen by jurisdiction agreement to have the jurisdiction of seizing ships; To increase the provision to coordinate the procedural jurisdiction and the substantive jurisdiction; To increase the Doctrine of forum non convience; To clear our country's provisions about who has the jurisdiction of the litigation claim relate to wrongful ship arrestment.