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YICHANG TIANMEI INTERNATIONAL COSMETICS v WUJUN MACHINERY (SHANGHAI) CO LTD
[2021] 4 CMCLR 1
Jurisdiction – Termination of contract – Whether dispute should be heard in China or Paris – Chinese legal entities.
SPREADTRUM COMMUNICATIONS (SHANGHAI) CO LTD v HONGSOFT TECHNOLOGY CO
[2021] 4 CMCLR 3
Jurisdiction – Computer software copyright license – Arbitration clause – Validity – Breach of contract – Error in procedure.
CHINA PACIFIC PROPERTY AND CASUALTY INSURANCE CO LTD, FUJIAN BRANCH v FUJIAN YUANCHENG BEAN INDUSTRY CO LTD
[2021] 4 CMCLR 11
Insurance – Carriage of goods by sea – Cargo – Calculation of loss – Application of law.
ORIENTAL PRIME SHIPPING CO LTD v HONG GLORY INTERNATIONAL SHIPPING CO LTD
[2021] 4 CMCLR 14
Charterparty – Arbitration – Foreign arbitral award – Recognition and enforcement – New York Convention.
GUANGZHOU AIRCRAFT MAINTENANCE ENGINEERING CO LTD v ORIENT THAI AIRLINES CO LTD
[2021] 4 CMCLR 16
Arbitration – Non-payment – Jurisdiction – CIETAC.
CHINA NATIONAL GOLD GROUP CO LTD v ZHANG JINGHONG AND OTHERS
[2021] 4 CMCLR 19
Award – Application to revoke award – Scope of arbitration agreement – CIETAC – Indemnity.
SFERAMET LTD (OOO “CΦEPAMET”) v ZHANGJIAGANG WANSHENG NEW MATERIAL CO LTD
[2021] 4 CMCLR 25
Award – Validity – Recognition and enforcement – Service of documentation – New York Convention.
RIGHT TIME GLOBAL INVESTMENT SPC – RIGHT TIME VALUE INVESTMENT FUND SP v CEFC SHANGHAI INTERNATIONAL GROUP LTD
[2021] 4 CMCLR 29
Recognition and enforcement – Jurisdiction – Service of documents – Fraud and deception.
SHANGHAI MARINE DIESEL ENGINE RESEARCH INSTITUTE v FATIMA ENERGY LTD; CHINA CONSTRUCTION BANK CORPORATION, SHANGHAI BRANCH (THIRD PARTY)
[2021] 4 CMCLR 37
Letter of guarantee – Procedure – Incorrect application of the law – Fraudulent and malicious behaviour – Standard of proof.
ZURICH PROPERTY INSURANCE (CHINA) CO LTD v TOKYO MARINE & NICHIDO FIRE INSURANCE (CHINA) CO LTD
[2021] 4 CMCLR 40
Reinsurance – Validity of arbitration agreement – Tianjin Port explosion – China Maritime Arbitration Commission – Jurisdiction.
SHANGHAI YUHUI INTERNATIONAL FREIGHT FORWARDING CO LTD v ZHONGDING ENGINEERING CO LTD
[2021] 4 CMCLR 43
Charterparty (voyage) – Choice of court clause – Validity – Jurisdiction.
ZHANG LAN AND OTHERS v LA DOLCE VITA FINE DINING CO LTD
[2021] 4 CMCLR 46
Arbitration award – Setting aside – CIETAC – Composition of arbitral tribunal.
AWARD ON DISPUTE OVER COMPENSATION FOR LOSS OF CARGOES FOR M.V. “HUAHAI 318”
[2021] 4 CMCLR 54 (CMAC)
Contract of Carriage of Liquid Chemicals in Bulk by Waterway – Cargoes stained – Whether the test could be adopted not in accordance with the contract – Cargoes handling – Calculation method of loss – Whether the respondent was entitled to enjoy limitation of liability – Article 312 of Contract Law of the People's Republic of China, Article 210 of Maritime Code of the People's Republic of China and Decision of Limitation of Liability for Maritime Claims for Less than 300 Gross Tonnage, Coastal Transport and Coastal Ship Issued by Ministry of Communications.
AWARD ON THE DISPUTE OVER CONTINUING PERFORMANCE OF SHIPBUILDING CONTRACT FOR VESSEL YC017 (HULL NO.8)
[2021] 4 CMCLR 63 (CMAC)
Shipbuilding Contract of Bulk Freighter of 79,600 Tons – Memorandum of Understanding (MOU) – Whether the provisions under the contract were clear and definite – Whether the contract was modified – Whether both parties reached an agreement in relation to price and the delivery date of the vessel – Whether the respondent was obliged to perform the original Shipbuilding Contract – Whether Article 78 of the Contract Law of the PRC was applied.
AWARD ON THE DISPUTE OVER DEPOSIT AND LIQUIDATED DAMAGES FOR M.V. “JI MEI 901”
[2021] 4 CMCLR 69 (CMAC)
Sale and Purchase of Ship Agreement – Payment of deposit – Delivery of the ship – Failure to pay the balance of purchase price – Actual controller during the period of the dispute – Rescission of the contract – Redelivery of the ship – How to deal with the deposit, liquidated damages and compensation for breach of contract – Article 116 of Contract Law of the People's Republic of China.