{"id":351,"date":"2026-04-30T05:39:33","date_gmt":"2026-04-30T05:39:33","guid":{"rendered":"https:\/\/marinersupdate.com\/blog\/?p=351"},"modified":"2026-04-30T05:39:34","modified_gmt":"2026-04-30T05:39:34","slug":"new-maritime-rules-in-china-whats-changing-in-2026","status":"publish","type":"post","link":"https:\/\/marinersupdate.com\/blog\/new-maritime-rules-in-china-whats-changing-in-2026\/","title":{"rendered":"New Maritime Rules in China: What\u2019s Changing in 2026"},"content":{"rendered":"\n
\n

China\u2019s updated Maritime Code, set to come into force on 1 May 2026, introduces a series of significant reforms that will affect shipowners, charterers, cargo stakeholders, and others involved in international shipping linked to Chinese ports. These changes aim to modernize the legal framework, enhance clarity, and strengthen protections across maritime operations.<\/p>\n<\/blockquote>\n\n\n\n

Below is a breakdown of the key updates and their practical impact.<\/p>\n\n\n\n

\n\n\n\n

1. Changes to Limitation Periods<\/h3>\n\n\n\n

Easier interruption of claims<\/strong>
The new Code allows limitation periods to be interrupted not only through formal legal or arbitration proceedings, but also by issuing a simple demand for performance, such as a claim letter. Once interrupted, the limitation period restarts, offering claimants greater flexibility in preserving their rights.<\/p>\n\n\n\n

Updated rules for recourse claims<\/strong>
In cargo-related recourse claims, if more than 90 days remain in the original one-year limitation period after settlement, that original period continues to apply. If less than 90 days remain, a fresh 90-day period is granted.<\/p>\n\n\n\n

General average claims clarified<\/strong>
A six-year long-stop limitation period now applies to general average claims, calculated from the end of the maritime venture, regardless of when the adjustment process is completed.<\/p>\n\n\n\n

\n\n\n\n

2. Ship Ownership and Mortgage Rights<\/h3>\n\n\n\n

Transfer of mortgaged vessels<\/strong>
Ships under mortgage can now be transferred without requiring the mortgagee\u2019s consent, unless otherwise contractually agreed. Importantly, the mortgage remains attached to the vessel even after the transfer.<\/p>\n\n\n\n

\n\n\n\n

3. Contracts for Carriage of Goods by Sea<\/h3>\n\n\n\n

Mandatory cargo liability rules<\/strong>
For international shipping contracts involving loading or discharge at Chinese ports, the Code\u2019s cargo liability provisions apply compulsorily. Parties cannot bypass these rules by selecting a different governing law.<\/p>\n\n\n\n

Broader definition of \u201cactual carrier\u201d<\/strong>
The term now includes any party entrusted\u2014directly or indirectly\u2014with performing cargo-handling duties. This expansion brings terminal operators and subcontractors within the liability framework, while also allowing them to benefit from limitation provisions.<\/p>\n\n\n\n

Revised compensation standards<\/strong>
Compensation for cargo loss or damage is primarily based on market value at the place and time of delivery. If this cannot be determined, CIF value will serve as the fallback.<\/p>\n\n\n\n

Storage cost responsibility<\/strong>
Responsibility for storage costs at the discharge port generally shifts to the shipper, unless the consignee exercises contractual rights but fails to take delivery.<\/p>\n\n\n\n

Clarified carrier\u2019s lien rights<\/strong>
Carriers are now explicitly allowed to exercise a lien over cargo\u2014even if it is owned by a third party\u2014provided the claim (e.g., unpaid freight, demurrage, or general average) arises from the same carriage.<\/p>\n\n\n\n

\n\n\n\n

4. Limitation of Liability<\/h3>\n\n\n\n

Higher liability caps adopted<\/strong>
The Code incorporates the increased limits established under the 1996 Protocol to the LLMC 1976, meaning shipowners and related parties may face higher financial exposure for qualifying claims.<\/p>\n\n\n\n

Expanded eligibility for limitation<\/strong>
Ship managers and voyage charterers, including slot charterers, are now expressly entitled to limit liability in the same way as shipowners.<\/p>\n\n\n\n

\n\n\n\n

5. Oil Pollution Liability<\/h3>\n\n\n\n

Expanded scope of compensation<\/strong>
The Code clearly includes compensation for property damage (excluding the polluting vessel), economic losses caused by pollution, and costs of preventive measures.<\/p>\n\n\n\n

Strict liability framework<\/strong>
In cases where oil pollution results from a collision, the vessel responsible for the leak bears primary liability, though it may pursue recourse against other vessels involved.<\/p>\n\n\n\n

\n\n\n\n

Practical Takeaways<\/h3>\n\n\n\n

The revised Maritime Code represents a substantial step forward in aligning China\u2019s maritime laws with international standards while strengthening protections for cargo interests. It also introduces clearer rules for liability, dispute timelines, and operational responsibilities.<\/p>\n\n\n\n

Given the mandatory nature of several provisions\u2014especially those tied to Chinese ports\u2014stakeholders in international shipping should review their contracts, compliance strategies, and risk management practices ahead of the May 2026 implementation.<\/p>\n\n\n\n

Additionally, guidance issued by China\u2019s Supreme People\u2019s Court indicates that the new Code will generally apply to ongoing or future matters from the effective date onward. However, application may vary depending on case specifics, making legal consultation advisable during the transition period.<\/p>\n","protected":false},"excerpt":{"rendered":"

China\u2019s updated Maritime Code, set to come into force on 1 May 2026, introduces a series of significant reforms that will affect shipowners, charterers, cargo stakeholders, and others involved in international shipping linked to Chinese ports. These changes aim to modernize the legal framework, enhance clarity, and strengthen protections across […]<\/p>\n","protected":false},"author":3,"featured_media":352,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[451,449,201,267,450,283,452,206,453,285,245,213,448,249,268],"class_list":["post-351","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-imo-solas-marpol-stcw-loadline-ism-isps-statutory","tag-cargotransport","tag-chinatrade","tag-globalshipping","tag-internationaltrade","tag-legalupdate","tag-logistics","tag-maritimecode","tag-maritimelaw","tag-maritimereform","tag-oceanfreight","tag-portoperations","tag-shippingindustry","tag-shippinglaw","tag-supplychain","tag-tradecompliance"],"_links":{"self":[{"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/posts\/351","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/comments?post=351"}],"version-history":[{"count":1,"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/posts\/351\/revisions"}],"predecessor-version":[{"id":353,"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/posts\/351\/revisions\/353"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/media\/352"}],"wp:attachment":[{"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/media?parent=351"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/categories?post=351"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/marinersupdate.com\/blog\/wp-json\/wp\/v2\/tags?post=351"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}