Following the entry into force of China’s newly revised Arbitration Law on March 1, 2026, the Xiamen Maritime Court has concluded a maritime cross-border dispute involving two Singaporean companies. The court issued a pioneering conduct preservation ruling containing China’s first-ever anti-anti-anti-suit injunction (AAASI) in the maritime arbitration sector.
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The underlying dispute arose from a ship finance lease agreement, which the parties had submitted to the Xiamen Arbitration Commission pursuant to their arbitration clause. While arbitration was pending, the respondent unilaterally petitioned a court in Guinea to seize the vessels at issue and initiated parallel criminal complaints there. In response, the applicant applied to the Xiamen Maritime Court through the arbitration commission, seeking an urgent conduct preservation order to restrain the respondent’s actions in Guinea.
In adjudicating the petition, the court established a highly structured judicial approach combining a “full disclosure order” with a “three-step progressive review framework”, which weighs three critical elements for the first time: “obstructiveness, necessity, and international comity”.
Upon review, the court partially granted the injunction. It ordered the respondent to withdraw the vessel arrest proceedings in Guinea within ten days, and prohibited the respondent from filing any opposing or retaliatory applications against this Chinese ruling in any foreign jurisdiction (AAASI). To ensure compliance, the court attached a coercive daily penalty of RMB 1 million (approx. USD140,000) for any violation.
The respondent has since complied, applying to the Guinean court to dismiss the ship seizure case. This ruling represents the inaugural judicial application of Article 39 of the newly revised Arbitration Law, which codified interim conduct preservation for arbitration. Legal analysts emphasize that the decision underscores the growing sophistication and openness of Chinese maritime courts, demonstrating a firm pro-arbitration stance while carefully respecting the principles of international comity.
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Photo by Woody Yan on Unsplash
Contributors: CJO Staff Contributors Team
