This clause allows a plaintiff to sue in state court through an ordinary civil action when the court's common law is competent to give a remedy. In such actions, the state court must apply the federal law of admiralty to the admiralty claims. Nevertheless, if a plaintiff believes he or she will fare better before a local tribunal, the option is available. Where no applicable federal statute exists, the governing law of a maritime case will be the uniform laws as expounded by the U.S. Supreme Court and applicable to all torts and contracts, whether the case is tried in federal or state court. Maritime precedents will govern a tort claim only if the negligent or reckless actions involved commercial activity on navigable waters.
Charter parties are often a topic of concern in maritime law.
A time charter is the lease of a ship to a charterer for a specified period of time. A voyage charter is the lease of a ship for a specific number of voyages. Other demise charters provide that the shipowner's master and crew take charge of the vessel. General average is the traditional, primitive form of maritime risk allocation whereby all participants in a charter agree to share any damages resulting from an unsuccessful voyage. Most parties to a charter obtain insurance to cover their portion of risk.