What Are The Conditions For Maritime Injunction?

　　 Maritime affairs When applying for a maritime injunction, the claimant shall submit a written application to the maritime court, specify the reasons for the application and provide relevant evidence. A maritime injunction is not bound by the litigation jurisdiction agreement or arbitration agreement between the parties concerned about the maritime claim.

　　 Application for maritime injunction Should Have Following condition :

1. there are specific maritime claims.

2., it is necessary to rectify the actions of the claimant violating the legal provisions or contractual stipulations.

3. in case of emergency, a maritime injunction will not be made immediately, or the damage will be expanded.

After accepting an application, the maritime court shall make a ruling within 48 hours, and a mandatory order made according to the conditions shall be executed immediately, and the application shall be rejected if the conditions do not meet the requirements.

If the party refuses to accept the ruling, he shall apply for reconsideration once within 5 days from the date of receiving the ruling. The maritime court shall make a reconsideration decision within 5 days from the date of receiving the reconsideration application, and shall not suspend the execution of the ruling during the reconsideration. If an interested party raises an objection to a maritime injunction, the maritime court shall rule to revoke the maritime injunction if it considers the reason to be valid.

If the requested person refuses to enforce a maritime injunction, the maritime court may impose a fine or detention according to the seriousness of the case, and shall be investigated for criminal responsibility according to law. The fine for individuals shall be less than 1 thousand yuan or less than thirty thousand yuan, and the fine for the unit shall be less than 30 thousand yuan or less than 100 thousand yuan. The term of detention is less than 15 days.

If a requester applies for a maritime injunction, it shall compensate the party concerned or the interested party for the losses arising therefrom.

If a maritime dispute is not entered into litigation or arbitration proceedings after the enforcement of a maritime injunction, the parties may bring a suit to a maritime court or a maritime court having jurisdiction over a maritime injunction, except where there is a litigation jurisdiction agreement or an arbitration agreement between the parties.