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Chinese Maritime & Commercial Law Reports RSS feed

IM GLOBAL LLC v TIANJIN NORTH FILM CO LTD

Arbitration award – Recognition and enforcement of award – Independent Film and Television Alliance – Memorandum of understanding – Agency – Service of documents – New York Convention – French Civil Code.

[2022] 1 CMCLR 35

AWARD ON DISPUTE OVER LIQUIDATED DAMAGES FROM SUPPLY AGREEMENT OF MARINE LUBE OIL

Supply agreement of marine lube oil – Overdue payment – Whether it constituted breach of contract when changing other lube oil – “Overdue fine” as liquidated damages for delayed performance – Calculation of default time – Whether it could be tenable for anticipatory benefit – General Principles of the Civil Law of the People's Republic of China – Contract Law of the People's Republic of China

[2022] 1 CMCLR 62 (CMAC)

AWARD ON DISPUTE OVER LIQUIDATED DAMAGES AND OTHER EXPENDITURES FOR MV “RICHMOND”

Ship entrustment contract – Contract was not renewed – Whether the factual management existed – Documents of safety management system – Crew wages paid in advance, materials and spare parts, management fee etc – Liquidated damages – Article 107 and Article 114 of Contract Law of the People's Republic of China.

[2022] 1 CMCLR 72 (CMAC)

AWARD ON THE DISPUTE OVER SHIPPING ORDER

Shipping order – Wrong delivery of goods – Issuing original B/L – Establishment of contractual relationship of international carriage of goods by sea – Changing collection B/L into telex release – Whom the goods should be delivered to – Who had the right for compensation – Limitation of action – Whether foreign exchange had been cancelled after verification – Exemption of the liability of compensation – Maritime Code of the People's Republic of China.

[2022] 1 CMCLR 78 (CMAC)