ABSTRACT
The application for preservation of maritime evidence will only be permitted in a situation of emergency where the evidence might be lost or would be difficult to be obtained in the future unless immediately preserved. Preservation of maritime evidence can be applied for not only prior to arbitration or litigation, but also after a party has commenced proceedings. The maritime court, having entertained an application for preservation of evidence, may enjoin the claimant to provide security. The court after reviewing the application for preservation maritime evidence must make an order to either grant or reject the application. The maritime court that has undertaken the preservation of the maritime evidence may also exercise jurisdiction over the underlying disputes if the parties submit the disputes to the same court, provided that there is no jurisdiction agreement or arbitration agreement between the parties.
