On March 25, the Shanghai Maritime Court held a symposium to release the Model Clauses for Jurisdiction Agreements in Maritime and Commercial Disputes (2025 Edition) (hereinafter referred to as the Model Clauses) and supporting materials. The event was chaired and addressed by Shen Yingming, member of the Party Leadership Group and Vice President of the court.
The bilingual (Chinese-English) Model Clauses, first introduced in October 2021, actively encouraged domestic and foreign parties to adopt written agreements to specify dispute resolution methods and venues. Tailored to dispute types and whether parties involved are foreign, the clauses provide model terms for maritime contracts, property-related maritime torts, other maritime/commercial disputes, and cases where all parties are overseas entities. The full suite of materials includes model clauses, recommended templates, and application guidelines, all available in both Chinese and English. Since their launch, the clauses have been widely embraced by market participants.
According to Wei Yang, Chief Judge of the Case Filing Division of the Shanghai Maritime Court, the adoption of jurisdiction agreements based on the Model Clauses has seen steady annual growth in cases accepted by the court, with significantly improved standardization. Over 40% of cases involving jurisdiction agreements now explicitly designate the Shanghai Maritime Court, and 20% of these involve parties outside Shanghai who nonetheless voluntarily choose the court. This reflects strong trust and recognition in the court’s maritime adjudication expertise.
The 2025 edition of the Model Clauses has been updated to align with revisions to the Foreign-Related Section of China’s Civil Procedure Law. The newly added Article 277 establishes a distinct framework for foreign-related maritime disputes, removing the requirement that a chosen court must have an “actual connection” to the dispute. For example, simply designating “Shanghai Maritime Court” in an agreement now allows cases to enter a “fast track” during the acceptance phase.
These updates aim to encourage domestic and foreign parties to incorporate more Chinese and Shanghai-specific elements into dispute resolution clauses, attracting more foreign-related cases to the Shanghai Maritime Court through precise jurisdiction agreements. This underscores China’s confidence, inclusivity, and openness in maritime justice.
Industry Feedback Highlights Efficiency and Convenience
During the symposium, 18 representatives from industry associations, shipping companies, shipyards, and law firms shared experiences on how the Model Clauses reduce jurisdictional disputes and enhance litigation efficiency, while offering further suggestions.
“The Model Clauses have minimized procedural delays caused by jurisdictional issues, significantly improving efficiency,” noted one attendee.
An energy and chemical logistics provider reported no cases being transferred due to jurisdiction objections since adopting the clauses, praising the court’s professionalism and efficiency. The bilingual guidelines and model clauses also streamlined their international operations.
Three Key Priorities for Future Promotion
Vice President Shen Yingming outlined three priorities for advancing the 2025 Model Clauses:
Proactive Adoption: Encourage enterprises to integrate the clauses to preemptively mitigate risks and avoid litigation delays.
Continuous Improvement: Refine the clauses to align maritime legal services with market needs, solidifying the court’s reputation.
Global Promotion: Expand the international influence of China’s maritime judiciary, fostering collaboration in building Shanghai into a global shipping hub.
The symposium concluded with lively discussions, including requests for specialized guidance in areas like ship collision disputes, highlighting the court’s commitment to responsive and innovative legal services.