How to lodge an Appeal
  pubdate:2019-11-12 09:57:29 printing word size: big | general | small

If you are one of the parties and are not satisfied with first instance judgment and ruling (only restricted to four kinds of ruling, i.e. refuse to accept an action, reject the action, objection to jurisdiction and constitution of a limitation fund for maritime claims), you may lodge an appeal to the Guangdong Provincial Higher People’s Court.

 

The appeal shall be made within the relevant statutory period. The period for appealing against judgment is within 15 days from the date of service of the written judgment. The period for appealing against a ruling is within 10 days from the date of service of the written ruling while only within 7 days with respect to the ruling of constitution of a limitation fund for maritime claims. The period shall be counting from the next day of service of the judgment or ruling. If the date of service of judgment or ruling by each party is different, the period shall be counting respectively from the next day of service of the judgment or ruling by each party. If the expiration date of the period falls on a holiday, the first day after the holiday shall be the expiration date of the period.

 

A party which has no residence within the territory of the People's Republic of China shall have the right to appeal against a judgment or ruling of a people's court of first instance within 30 days from the date of service of the written judgment or ruling. The appellee shall submit a written statement of defense within 30 days after receiving a copy of the written appeal. If a party is unable to file an appeal or submit a written statement of defense within the statutory period and applies for an extension of the period, the application shall be subject to the decision of the People's Court.

If both parties fail to lodge an appeal within statutory period, the judgment of first instance shall take effect whilst the judgment does not take effect when one party lodges an appeal within the appealing period.


 

 
from:Tianjin Maritime Court
editor-in-charge:Admin