Maritime Injunction

A maritime injunction means the compulsory measure adopted on the application of a maritime claimant by the maritime court to compel the person against whom a claim is made to do or not do certain things, so as to prevent the lawful rights and interest of the claimant from being infringed upon.

Conditions
a The claimant has a specific maritime claims;
b A breach of legal or contractual provisions by the person against whom a claim is made needs to be redressed; and
c In a situation of emergency, losses will be caused or will become worse if a maritime injunction is not granted forthwith.

Procedures
a A party who wishes to apply for a maritime injunction shall file an application with the maritime court of the place where the maritime dispute arose.
b A maritime claimant who wishes to apply for a maritime injunction shall file an application in writing with the maritime court.
c The maritime court, having accepted an application, shall make an injunction order within 48 hours. Where the order grants a maritime injunction, it shall be enforced forthwith.
d Where a person against whom a claim is made refuses to comply with the maritime injunction, the maritime court may, according to the seriousness of the case, impose a fine or put him under detention; if his act constitutes a crime, criminal liability shall be investigated by law.

Security and Risks
a Before the court grants the injunction order, the applicant is usually required to put up a counter security.
b A maritime claimant who has wrongly applied for a maritime injunction shall indemnify the person against whom the claim is made or the interested person for the losses thus incurred.