Maritime courts in China and their jurisdiction

Abstract

In addition to the local people’s courts at different levels, China has gradually established maritime courts specifically to adjudicate maritime claims and disputes. However, although the legal framework regulating the bifurcation of jurisdiction of first-instance civil and commercial cases seems clear and straightforward, conflicts may continue to arise in choosing a maritime court or a local people’s court when deciding a maritime dispute. This article aims to conduct a comprehensive study of Chinese maritime courts and to examine the reasons for jurisdictional conflicts between them and the local people’s courts. It concludes that, despite all the legislative efforts made so far, uncertainties continue to arise concerning the appropriate jurisdiction over maritime disputes and claims. Greater clarity and direction from the relevant authorities are thus needed for a better and more efficient system for deciding the jurisdiction of maritime cases in China.