To further implement the concept of taking preemptive measures to prevent conflict and fully leverage the strengths of pre-litigation preservation in pursuit of resolving disputes through mediation and ensuring successful enforcement, the Sanya Tribunal of Haikou Maritime Court took decisive pre-litigation preservation measures to settle a dispute within only two days after initiating the preservation procedures. The entire process was expedited by the court through the swift examination of case materials, case docketing, and the issuance of a ruling to carry out the preservation.

Recently, the attorney of a yacht company filed a property preservation request to the court, claiming that “we request immediate property preservation against the defendant, as we have just learnt that the defendant is selling the yacht and may probably register the transfer of ownership in these two days.” In this case, the dispute arose where the yacht company, by virtue of a Berth Lease Agreement with the Respondent, had provided a berth to the latter, who, however, did not pay the berthing charges as agreed. Negotiation on payment of the berthing charges had failed.  

Upon the request of the Applicant, court staff guided the Applicant to submit complete, accurate preservation application documents and docketed the case on the spot. Upon examination, the handling judge decided that the yacht company’s application met relevant provisions of law and directly made a ruling to permit the application. The judge requested the enforcement team to initiate preservation procedures, by which the yacht was seized in time before it was sold out.  

To ensure the transfer of the yacht in a well-planned manner, the court arranged a mediation session between the Applicant, the Respondent, and the third party (i.e. the yacht buyer) on the spot and explained the provisions of the law to them. Upon the coordination of the court, the parties finally came to an agreement after several rounds of negotiations. On the third day after the preservation and mediation, through which the dispute had been settled, the Applicant applied to the court for withdrawal of the preservation application and sent acclaim to the court for its efficient judicial service. The conflict was hence settled by pre-litigation measures without the need to involve contentious procedures.

In recent years, the Sanya Tribunal of Haikou Maritime Court has always prioritized non-contentious dispute resolution procedures following the work philosophy of “empathically walking in litigants’ shoes before judging them”. By the “preservation + mediation” scheme, litigants are guided to initiate pre-litigation preservation procedures that help reduce their litigation risks and costs and address conflicts at the root.