ABSTRACT

This chapter reviews both the general rules and special rules that are applied in the trial of a maritime case. The maritime courts and its higher courts shall apply the Civil Procedure Law (CPL) and the Special Maritime Procedure Law (SMPL) in the trial of a maritime case. The constitution of the limitation fund shall not be bound by the jurisdiction agreement or arbitration agreement concluded between the parties. If the application is made during the course of the court proceedings, the applicant shall file the application with the maritime court of the trial of the maritime claim. The maritime lien shall not be extinguished by virtue of the transfer of the ownership of a ship, except those that have not been enforced within 60 days of a public notice on the transfer of the ownership of the ship made by a maritime court at the request of the transferee when the transfer was affected.