错误扣船损害赔偿案件的管辖权问题

On jurisdiction over claims for the damage caused by a wrongful ship arrest

扣船法院、本案诉讼管辖权法院等多家法院均可对错误扣船损害赔偿纠纷行使管辖权,为避免相应的管辖权国际冲突,船舶扣押国际公约试图将扣船法院的管辖权确立为专属管辖权,但这并非完善之举。我国要求扣船法院受理相应的错误扣船纠纷,但并未将其定位于专属管辖权,这虽然有其合理性,但仍存在不足之处。

Many courts, such as the court of the ship arrest, the court in charge of the original case, could exercise jurisdiction over the claims for the damage caused by a wrongful ship arrest. To avoid the international conflicts of the above jurisdictions, the International Conventions on the ship arrest propose that the ship arrest court excise its exclusive jurisdiction. Yet, this proposal has some limitations. The Chinese government demands that the ship arrest court accept the case of the wrongful ship arrest. However, it does not specify its special jurisdiction. It is reasonable but still inadequate.