| The Ocean Cargo Freight plays an important role in our national economy, and ships are the key operation facilities. Based on the strong fluidity and great risk in this industry, there always are some ship-related disputes that are very difficult to settle. The Ship Arrest System, which originated in England in the late 18th century and was accepted by many countries and international conventions, is an effective measure applied frequently nowadays to settle the maritime claims. I think it necessary to study the rules of arresting a ship, which will do help to the Chinese state-owned ocean freight enterprises' reform on reducing risk and the Chinese foreign trade corporations' applying ship arrest to protect their own interest. There are four parts in my article. Chapter 1: The Basic Concepts of Ship; Chapter 2: The Fundamental Concepts of Ship Arrest; Chapter 3: The Comparison of Law Relating to Ship Arrest; Chapter 4: Suggestions to Chinese Ocean Freight Enterprises and Foreign Trade Corporations.The features and personification of ship itself are the base of the special treatment to ship in maritime law. The concept of ship mentioned in this article refers to the sea-going commercial vessels excluding the ships under the only purpose of military or government service. In rem is a further personified treatment on ship in common law. But the statutory law and international conventions, as well as China, consider the compulsory measure on ship as a kind of maritime property saving.Ship arrest is a measure to compulsorily remain a vessel by judicature or administrative organizations for the cause arising from a liability or breach of contract. There are statutory procedures in ship arrest, for example application for arrest, so as to ensure a rightful and valid property saving. Another emphasis in Chapter 2 is the difference between ship arrest and Maritime Writ, Maritime Evidence Saving listed in PRC Maritime Suit Special Procedure Law 1999, and Mareva Injunction in England and Maritime Attachment in United States, although the above five measures show their common ground in staying a vessel. The details of the steps on ship arrest are the emphasis of this article. Then, In Chapter 3 the comparison on ship arrest issues among England law, US law, Japanese law, German law, Chinese law and International Convention is the main content. The issues include maritime claims, ships allowed to arrest, security, second arrest, state immunity, and jurisdiction, time limit, judicial sale, and hearing system, alternative arrest, expense, language and so on. 1〉The causes that can induce a ship arrest are some maritime claims, which are defined as maritime liens in common law. International Convention on Ship Arrest 1994 comprehensively classified and listed 22 detailed maritime claims. 2〉The basic scope of ships allowed to arrest falls in the wrong-doer, i.e. the involved ship which is responsible for the maritime claim. The sister ships are also within the reach. Among different law systems, there is plenty of divergence on the arrest of alternative vessel under the charter business. Britain's Administration of Justice Act 1956 did not allow to arrest the alternative ship controlled by lessee. However, Britain's Supreme Court Act 1981gave the reverse regulation. 1952 Convention allowed to arrest the lessee's other vessel only under bare charter business. This issue in 1985 Convention and 1994 Convention developed to be wider, the alternative vessels owned by time or voyage or bare lessee can be arrested. And Chinese Ship Arrest Rules 1994 made a breakthrough that even allow to arrest the alternative vessels chartered by three kinds of lessees.3〉The principle of state-owned ship immunity also have an influence on the scope of arrest. Instead of being widely accepted before, the absolute immunity is enduring the challenge from restricted immunity after the Second War. The immunity of state-owned commercial ship has been excluded by every civil law and international convention.4〉Ever... |
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