ABSTRACT
Conflict of laws is of particular importance for maritime disputes due to the international nature of marine transportation. International practice may apply to disputes for which neither the relevant laws of China nor any international treaty concluded or acceded to by China contains any relevant provisions. Lex voluntatis means the autonomy of parties in choosing the governing law, which is an important principle in international private law and is widely adopted by most jurisdictions in the world. It is provided in the Law of Application of Laws that the parties concerned may, in accordance with the law, expressly choose laws applicable to foreign-related civil relationships. After deciding which laws should apply, the next step is the ascertainment of the content of foreign law. Jurisdictions characterise the maritime lien as a substantive right for conflict of law purpose and thus a foreign law might apply if the connecting factors lead the disputes to another jurisdiction.
