Chinese Maritime & Commercial Law Reports

Marine cargo insurance – Carriage of soya beans by sea from Brazil to China – Cargo found heat damaged at discharge port in China – Cause of damage – Burden of proof – Moisture survey certificate at load port – Method of quantification of cargo damage – Insured's duty of mitigation of losses.

Personal injury – Passenger permanently disabled as a result of accident in swimming pool of cruise vessel – Governing law of tortious act – Law of vessel flag or place where tortious event occurred – Duty of care – Limitation of liability for maritime claims – Deprivation of owners’ limitation by reason of reckless conduct – Scope of compensation under the Interpretation of the Supreme People's Court of Some Issues Concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury.

Contract for sales of ship – Burden recorded was not the same as the fact – Decrease of burden, respondent's liability for breach of contract – Delay to deliver the ship – Whether it was loss of operation or loss of sailing date – Article 138 of Contract Law of the People's Republic of China.

Hull Insurance Policy/all risks insurance – Ship knocking against building berth of shipyard – Choice of repair scheme – Whether does the repair costs for restoring the former state include the consequential expenses of delay or out of usage – Exceptive agreement – Clauses of Insurance Policy.

Logistic Service Contract and Voyage Charter Party – Part of the cargoes lost and damaged – Relationship between the two contracts – Logistic Service Contract is the general contract of logistic services, as well as the international carriage of cargoes by sea – Identification for responsibility to damages of the goods – Whether it could be exempted according to Maritime Code of the People's Republic of China – Logistic Service Contract specifies the actual loss.

Contract of salvage and/or towage – Relationship between salvage and towage contract – Breach of contract – Payment of compensation and fees – Calculation of interest.