The MPL sets out three conditions upon which a Maritime Injunction can be granted: (a) the applicant of a Maritime Injunction should have a specific maritime claim; (b) the respondent violates laws or contracts; (c) without a Maritime Injunction as a matter of urgency, damage will occur or be exacerbated. The purpose of a Maritime Injunction is to prevent the interests of the applicant from being infringed by the action or non-action of another party. Courts may require security from the applicant for a Maritime Injunction (Article 55 of the MPL). The defendant is entitled to an indemnity from the applicant for any loss or damage occurring as a result of a wrongful injunction (Article 60 of the MPL). It appears that the Maritime Injunction under the new law is similar to the Mareva Injunction under English law. However, there are some differences worth noting. First, the basic criteria governing the grant of a Mareva Injunction under English law appear stricter, under which the claimant must show: (a) a cause of action against the defendant in the jurisdiction at the time of application; (b) a strong prima facie case; (c) that the defendant has assets

ABSTRACT

The MPL sets out three conditions upon which a Maritime Injunction can be granted: (a) the applicant of a Maritime Injunction should have a specific maritime claim; (b) the respondent violates laws or contracts; (c) without a Maritime Injunction as a matter of urgency, damage will occur or be exacerbated. The purpose of a Maritime Injunction is to prevent the interests of the applicant from being infringed by the action or non-action of another party. Courts may require security from the applicant for a Maritime Injunction (Article 55 of the MPL). The defendant is entitled to an indemnity from the applicant for any loss or damage occurring as a result of a wrongful injunction (Article 60 of the MPL).