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COSTANK (S) PTE LTD v HYUNDAI MERCHANT MARINE CO LTD
[2016] 6 CMCLR 1
OW Bunker – Bunker oil supplied to respondent (the bareboat charterer) by OW Bunker Middle East – Applicant supplied bunker oil to OW Bunker Far East – Retention of title clause – Applicant applied to arrest respondent's vessel – Creditor-debtor relationship – Privity of contract – Subrogation rights – Whether respondent committed tort of trespass on applicant's bunker oil – Whether applicant is entitled to arrest vessel.
COSTANK (S) PTE LTD v HYUNDAI MERCHANT MARINE CO LTD
[2016] 6 CMCLR 3
OW Bunker – Jurisdiction rules – Attachment of property (vessel arrest) – Place where “attachable” property is located – Article 265 of the Civil Procedure Law of the PRC.
COSTANK (S) PTE LTD v HYUNDAI MERCHANT MARINE CO LTD
[2016] 6 CMCLR 4
OW Bunker – Jurisdiction rules – Attachment of property (vessel arrest) – Place where “attachable” property is located – Article 265 of the Civil Procedure Law of the PRC – Forum non conveniens – Article 532 of the Interpretations of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.
SHENZHEN TIANJI INVESTMENT GUARANTEE CO LTD v AS KLAVENESS CHARTERING
[2016] 6 CMCLR 7
Charterparty – Letter of guarantee – Choice of English law and English High Court clause – Connection of chosen forum with dispute – Whether choice of English law can give choice of High Court clause connection with dispute.
BEIJING CHAOLAI XINSHENG SPORTS AND LEISURE CO LTD v BEIJING SUOWANG ZHIXIN INVESTMENT CONSULTING CO LTD
[2016] 6 CMCLR 10
International commercial arbitration – New York Convention – Company registered in China (by foreign investor) – Contract for operation of golf course in China – Arbitration clause referring to arbitration in Korea – Lex arbitri – Foreign-related element – Whether the parties can choose to arbitrate by foreign arbitration commission regarding “pure” domestic dispute that has no foreign-related element.
NINGBO ORIENTAL SHIPBUILDING CO LTD AND ANOTHER v HANGTAI INDUSTRY (HONG KONG) LTD
[2016] 6 CMCLR 18
Ship sales contract dispute – Builder to build and sell oil tanker ship to buyer – Ship sales contract allowing buyer to refuse to accept the vessel, and seller to refund price with damages, if actual oil tank capacity more than 2 per cent lower than capacity as designed – Actual capacity lower than 13.67 per cent – Buyer accepted the vessel – Whether buyer can still claim for liquidated damages – Whether such liquidated damages excessive.
SHAANXI DIESEL ENGINE HEAVY INDUSTRY CO LTD v LIN NINGFA
[2016] 6 CMCLR 31
Ship sales contract dispute - Main engine supplier to sell ship engine to buyer - Buyer concluded ship building contract with third party = Supplier failed to timely deliver engine = Third party cancelled contract and claimed against buyer = Buyer settled with third party and sold vessel to another party = Whether loss of reduced ship sales price is claimable = Principle of foreseeability = Can supplier invoke force majeure as defence after delayed delivery of engine.
OLAM INTERNATIONAL LTD v JINGSHAN WEIJIA TEXTILE ENTERPRISE CO LTD
[2016] 6 CMCLR 39
Commercial arbitration – Cotton sales contract – Contract referring to arbitration by International Cotton Association (ICA) – Buyer failed to perform contract obligations – Seller initiated arbitration with ICA – Buyer did not respond to arbitration – ICA awarded in favour of seller and buyer challenged award – Whether translation of arbitration award in compliance with article VI of the New York Convention – Meaning of chosen arbitration institution in article 16 of the Arbitration Act of the PRC.
SHENZHEN TIELI CONTAINER TRANSPORT LTD v MAERSK (CHINA) SHIPPING CO LTD, SHENZHEN BRANCH AND ANOTHER
[2016] 6 CMCLR 45
Container shipping - Equipment management fees = Justiciability = Whether court possesses the ability to provide adequate resolution of equipment management fees dispute - Whether dispute should be accepted by court for resolution.
SHANGHAI YANLIU INTERNATIONAL FREIGHT TRANSPORT AGENCY CO LTD v EVERGREEN MARINE CORPORATION (TAIWAN) LTD
[2016] 6 CMCLR 48
Carriage of good by sea – Jurisdiction dispute – Choice of New York court clause in bill of lading – Cargo carriage from Dalian, China to Baltimore USA – Lex fori – Chinese law requirement regarding actual connection of chosen forum with dispute – Whether New York court has connection with dispute – Unilateral right of choice of carrier that “this law and jurisdiction clause is intended solely for the carrier's benefit and may be unilaterally waived by the carrier, in whole or in part, before or after proceedings are commenced” – Whether this choice of court clause is thereby uncertain and unenforceable.
FIRST INVESTMENT CORPORATION v FUJIAN MAWEI SHIPBUILDING LTD AND ANOTHER
[2016] 6 CMCLR 52
LMAA arbitration - Preliminary issue = Arbitrators' reading of without prejudice materials during amicable settlement talks = Truncated arbitration tribunal = Arbitrators arrested = English Arbitration Act 1996, section 52 = LMAA Rules, para 8(e) = Whether arbitration award rendered by the remaining two arbitrators valid.
JIANGSU FULL WINNER MINERAL RESOURCES CO LTD v HENGTUO TRADE CO LTD
[2016] 6 CMCLR 59
Sales of goods contract dispute – Cargo delivery date – Delay of cargo delivery – Fundamental breach of contract – “Deposit penalty rule” – Contract termination – Validity of “winding-up” clause after contract termination.