On 1 June, the Central Committee of the Communist Party of China and the State Council issued the Master Plan for the Construction of Hainan Free Trade Port, detailing the deployments in the building of Hainan free trade port. Taking on the new challenge in the new situation, Haikou Maritime Court plays its role while actively exploring innovations according to the requirements in the master plan and relevant indicators in Doing Business published by the World Bank. The court has implemented five measures to improve foreign-related litigation services and to protect the lawful rights and interests of Chinese and foreign litigants equally. These measures help to enhance the court’s capacity for foreign-related maritime litigation services and contribute to the creation of a law-governing, international and convenient business environment for Hainan free trade port.
First, using multiple means for higher efficiency and lower costs in ascertaining and confirming the identification of foreign litigants and agents. By actively using various cloud databases, judicial examination systems and means of judicial assistance, the court applies its functions to ascertain the identification of foreign litigants, finding out what parties are involved and who the defendants are. In addition, by accepting the general authorization given by foreign litigants to domestic lawyers and allowing offshore companies to have authorization documents notarized and legalized in their places of business, the court makes it easier for foreign litigants to authorize agents in litigation and protects their litigations rights and procedural justice.
Second, adopting multiple approaches to accurately obtain information on and locate vessels involved in litigation. Relying on the AIS and GPS information obtained from Shipxy, marine traffic, vessel finder and similar databases, supplemented by VTS (vessel traffic services) data, B/L search results on Chineseshipping website under the Ministry of Communications, and the coordination mechanism between maritime authorities, the court checks the position, route, time of arrival, historical trajectory and other information about foreign-related vessels in real time, helping litigants to accurately locate vessels and cargo. This provides reference and bases for assessing the occurrence of marine accidents and obtaining maritime attachments and injunctions.
Third, actively exploring innovations in various procedures. Integrating achievements in the building of Hainan free trade port, the court simplifies the litigation process while preserving the legality of case handling, in order to ensure the effective utilization of judicial resources. In certain circumstances, the court accepts statements of claim, evidence and other documents in foreign languages. Summary proceedings are applied in the trial of foreign-related civil and commercial cases involving simple facts and clear legal relationships. Agreements between litigants in relation to maritime disputes reached under mediation by competent maritime administrative authorities may be enforced following judicial confirmation by maritime courts. Efforts are made to solve difficulty in service by actively promoting various means of service, such as service by electronic means, service care of a third-party agency, notary public office or lawyer, service by forwarding in cases involved Hong Kong parties, and service by domestic business handler.
Fourth, providing an integrated mechanism with various means to resolve foreign-related maritime disputes. The court has set up an integrated mechanism for resolving disputes, with the focus on mediation upon case filing. Mediation and judicial services are provided moderately in advance. Along with mediation, efforts are also made to locate and identify litigants. By mediating in English before hearing, employing foreign mediators, and using ODR (Hainan Diversified Online Dispute Resolution Platform for Foreign-related Civil and Commercial Disputes) remote mediation means, disputes could be resolved before trial. Maritime attachments, injunctions and other legal measures are utilized to urge litigants to participate in litigation in time. All these efforts help to resolve disputes at the stage of case filing.
Fifth, mobilizing resources to support foreign-related litigation service windows. High quality maritime judicial services are always provided in litigation guidance, case filing, attachment, mediation and other procedures in foreign-related civil and commercial cases. The court’s case filing windows are equipped with two employees holding a master’s degree from City University of Hong Kong and one employee majoring in English. In addition, a number of judges competent in foreign languages are selected from the court to staff the case filing windows on a roster. These measures have earnestly improved the quality and effectiveness of foreign-related litigation services provided by the case filing windows.