“Rule B扣押令”及其最新发展

Rule B attachment order and its recent development

从概述美国海事诉讼程序入手,重点论述美国海事诉讼法中Rule B扣押令的起源、目的、特点、管辖法院、具体适用以及Rule E对RuleB的补充规定等,并通过对相关案例的评述,分析Rule B扣押令的最新发展。指出中国对外贸易/海上贸易大多以美元为结算单位,结算款项(电子转账)面临的扣押风险很大,并就中国企业如何面对Rule B扣押令带来的美元汇款被扣押提出采用其他货币结算等应对措施。

This article firstly analyzes the general characteristic of America maritime litigation procedures, then this discusses the origin, purpose, characteristic, the court that has the jurisdiction and the specific application of the Rule B Attachment Order as well as Rule E＇s supplementation to Rule B Attachment Or- der. Meanwhile, through analyzing some latest cases about this Rule B Attachment Order, this article also illustrated the development of the Rule B Attachment Order. The author points out that as Chinese merchants are accustomed to using US dollars in international trade/seaborne trade, they are facing high risks that their US dollar remittance （Electronic Fund Transfer） will be attached, the author proposes some counter-measures to deal with this risk （such as try to use some other currency in their foreign trade） for the Chinese companies.